Additional Paternity Leave and Pay

Additional paternity leave (APL) is for a maximum of 26 weeks and can be taken, if your partner has returned to work, between 20 weeks and one year after the child is born or placed for adoption. To qualify you must be an employee and be taking the time off to care for the child. In addition, the child’s mother or adopter must have been entitled to at least one of the following: Statutory Maternity Leave (SML); Statutory Maternity Pay (SMP); Maternity Allowance; or Statutory Adoption Leave or Pay, and have returned to work and stopped claiming this. The current rate is £138.18 or 90% of your average weekly earnings, whichever is lower.

To qualify for Additional Statutory Paternity Pay (ASPP) you must be an employed earner — that means your employer pays your share of your Class 1 National Insurance contributions — and you must earn at least the lower earnings limit (LEL) for National Insurance contributions in force at the end of the qualifying week — currently £111.00 a week. In addition, the mother or adopter must have returned to work and stopped claiming any relevant pay, with at least two weeks of unexpired Statutory Pay period remaining. And you must intend caring for the child during your ASPP period.

Both you and your partner must have been with your employer(s) for at least 26 weeks’ by the 15th week before the baby is due (or the end of the week that you are notified that you are matched with a child for adoption in the UK or your child enters Great Britain for adoption from overseas).

You have the right to take unpaid APL if you meet the eligibility criteria for leave but not pay. If you apply for and do not qualify for Additional Statutory Paternity Pay, your employer must give you a copy of the form ASPP1, explaining the reason why.