Paternity Pay
To qualify for paternity pay and leave you must be an 'employee'. A `worker' does not qualify for leave but may qualify for pay.
Definition of an Employee
The majority of people in work are employees. An employee works under a contract of employment. A contract need not be in writing - it exists when you and your employer agree terms and conditions of employment. It can also be implied from your actions and those of the person you are working for. Contracts of employment will normally set out what is expected of the employee. An employee will do the work themselves i.e. they cannot send someone else to do their work.
Definition of a Worker
This is a broader category than 'employees' but normally excludes those who are self-employed. A worker is any individual who works for an employer, whether under a contract of employment, or any other contract where an individual undertakes to do or perform personally any work or services. The following groups of people are likely to be workers but not employees:
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Most agency workers
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Short term casual workers
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Some freelancers
Entitlement to statutory paternity leave
Statutory Paternity Leave is payable for those who are an employee with a contract of emplyment and:
Paternity leave is additional to normal holiday allowances.
To Qualify for Paid Paternity Leave
To qualify for pay, the following condition (as well as the above) must also be met:
- earn at least the lower earnings limit (LEL) for National Insurance contributions. If less than the LEL, (currently £90 a week), the right to unpaid paternity leave may apply if all other conditions are met and may also be able to receive Income Support while on paternity leave.
Workers (i.e. an agency worker, office holder or sub contractor), will not normally have the right to paternity leave, but may be eligible for pay if the other qualifying criteria are met.
How much Paternity Leave can be taken?
As long as all entitlement conditions are met, Paternity Leave of either one or two weeks can be taken. Odd days off cannot be taken and where two weeks is taken, they must be taken together.
Paternity Leave can start:
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On the day the baby is born
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A number of days or weeks after the baby is born
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From a specific dates after the first day of the week in which the baby is expected to be born
Paternity Leave can start on any day of the week (but not before the baby is born), but has to finish within 56 days of the baby being born or, if the baby's born before the week it was due, within 56 days of the first day of that week.
Only one period of Paternity Leave is allowed regardless of a multiple birth.
Statutory Paternity Leave Pay
If average weekly earnings are £90 or more (before tax), Statutory Paternity Pay is paid for one or two consecutive weeks at £117.18 or 90 per cent of the average weekly earnings if this is less.
Company Schemes
Some employers have their own paternity leave arrangements. Employees may be able to choose the statutory scheme if this is more beneficial - check your contracts of employment.
Time off for antenatal appointments
Fathers do not have a legal right to time off to accompany their partners to antenatal appointments as the right to paid time off only applies to pregnant employees. However, many companies recognise how important a time this is and let their employees either take paid time off or make up the time later.
For further information, visit website www.direct.gov.uk
SW August 2008
