Eligibility and notice requirements for Statutory provisions for Ordinary and Additional Paternity Leave and Pay. Additional Paternity Leave is only available for babies due/adopted prior to 5th April 2015.
Ordinary paternity leave (OPL)
Must have been continuously employed by that employer for at least 26 weeks before the 15th week before the Expected Week of Childbirth (EWC).
Must have or expect to have some responsibility for the upbringing of the child.
Be the biological father or be married to, or be the partner of the mother (including same sex partners).
Take the leave for the purpose of caring for the child or supporting the mother in the care of the child.
Provide a Self certification using form SC3 confirming his right to take paternity leave, the expected week of the child’s birth (EWC) or, if birth has already occurred, the actual date of birth, the length of the period of leave required and the date from which leave is requested
Notice to be given in respect of start date by the 15th week before the EWC, wherever reasonably practicable (or in the case of adoption within 7 days of notification of a match for adoption).
Able to vary start date subject to 28 days’ notice before the date on which their leave is meant to start, or as soon as is reasonably practicable.
Statutory paternity pay (SPP)
Must be eligible for OPL (as above).
Must be on your payroll and earn at least the National Insurance Lower Earnings limit (£111 gross at April 2014) in an 8 week period.
Additional paternity leave (APL)
Must qualify for OPL (as above).
Remain employed as at the week before the first week of APL.
Mother must have been entitled to maternity leave and SMP or MA (or adoption leave and SAP).
Mother must have returned to work.
Provide signed leave notice setting out specified details (child’s date of birth/adoption matching) start and end dates of APL.
Provide declaration confirming purpose of APL is to care for child, and that he is the father of child or spouse/partner of mother.
Provide signed declaration from the mother confirming father’s declaration above, setting out name, address and NI number and date on which she will return to work.
Minimum of 8 weeks’ notice should be given of intention to take leave.
Additional Statutory paternity pay (ASPP)
Must qualify for APL
Must earn at least the National Insurance Lower Earnings Limit (£111 gross at April 2014).
Partner / mother must qualify for SMP or MA, and have at least 2 weeks of Statutory Maternity Pay left (ASPP paid in respect of same time period as her outstanding entitlement).
Note : if SMP or MA is not payable or entitlement has been exhausted, unpaid APL may be taken instead.