Paternity pay and leave
Eligibility
You must be taking time off to look after the child and be one of the following:
- the father
- the husband or partner of the mother (or adopter) - this includes same-sex partners
- the child鈥檚 adopter
- the intended parent (if you鈥檙e having a baby through a surrogacy arrangement)
There are extra conditions you need to meet to qualify for leave and pay.
You cannot get Paternity Pay and Leave if you鈥檝e taken paid time off to attend adoption appointments.
Paternity Leave
You must:
- be an employee
- give the correct notice
- have been continuously employed by your employer for at least 26 weeks up to any day in the 鈥榪ualifying week鈥�
The 鈥榪ualifying week鈥� is the 15th week before the baby is due. This is different if you adopt.
Paternity Pay
You must:
- be employed by your employer up to the date of birth
- earn an average of at least 拢123 a week (before tax)
- give the correct notice
- have been continuously employed by your employer for at least 26 weeks up to the end of any day in the 鈥榪ualifying week鈥�
The 鈥榪ualifying week鈥� is the 15th week before the baby is due. This is different if you adopt.
If you lose your baby
You can still get Paternity Leave or Pay if your baby is:
- stillborn from 24 weeks of pregnancy
- born alive at any point during the pregnancy
You can take any leave you booked before losing the baby. If after losing the baby you have leave left to book, you can still book and take this. You must do this within 8 weeks of the death.
You may also be eligible for Statutory Parental Bereavement Pay and Leave.
If you鈥檙e not eligible
Your employer must tell you within 28 days if you do not qualify and why using form SPP1.