Ordinary Paternity Leave and Ordinary Statutory Paternity Pay

The partner of a woman on maternity leave, the biological father of her unborn child, the child’s adopter or the partner of the child’s adopter can claim ordinary paternity leave as long as s/he:

• is an employee working under a contract of employment;

• has worked for his/her employer for at least 26 weeks by the 15th week before the baby is due;

• has declared in writing that s/he wants the time off either to care for the new baby or to support the mother of the baby; and

• will be taking the leave within the first eight weeks of the birth.

Employees may choose to take either one or two consecutive weeks’ leave. They may not take the leave as single days, and if they choose to take only one week’s leave at the time of the birth, they cannot take a second week later.

There are procedures for notifying your employer that you wish to take paternity leave, and strict time limits for doing so. Paternity Leave can also be taken by employees who adopt a child.

If a couple are adopting jointly, one partner may take Statutory Adoption Leave and the other may take Paternity Leave — they can choose who takes which. If it is an individual who adopts, their partner can take Paternity Leave.

Ordinary Statutory Paternity Pay (OSPP) is only payable if you are liable to pay class 1 National Insurance contributions and have been earning an average of at least £109.00 a week in the eight weeks ending in the 15th week before the baby’s due date.

OSPP is paid by your employer at the same rate as the standard rate of Statutory Maternity Pay (SMP) — £136.78 a week or 90% of average earnings, whichever is the lower.