Is an employee who qualifies for statutory paternity pay entitled to receive it if he or she is made redundant before taking paternity leave?
A redundant employee is entitled to receive statutory paternity pay only if the baby has already been born before his or her employment terminates.
An employee is eligible for statutory paternity pay if he or she has or expects to have responsibility for the baby's upbringing and is either the biological father of the baby or the mother's spouse or partner. In addition, he or she must have been working continuously for the same employer for 26 weeks ending with the 15th week before the baby is due (the "qualifying week"), and from the qualifying week up to the date of birth. He or she must also be taking the time off either to support the mother or to care for the new baby. Finally, the employee must have average weekly earnings at or above the lower earnings limit for national insurance contributions.
Therefore, the employee must continue to work for the employer right up until the date the baby is born. If he or she stops working for the employer before the date of the birth he or she is not entitled to statutory paternity pay, regardless of the reason for the termination of employment.
If the employee stops work after the date of birth, he or she remains entitled to statutory paternity pay as long as he or she does not start work for a new employer during the pay period. He or she cannot get statutory paternity pay for any week he or she works for a new employer.
If the employee's employment ends after the baby has been born but before the original planned start of the statutory paternity pay period, the simplest way forward is for the employer to treat the pay period as beginning on the day after the last day of employment. However, as the employee may choose when to begin his or her pay period, the employer may wish to confirm when the employee wishes it to start, prior to his or her leaving the employment.