Are employees entitled to be paid during additional paternity leave?
NOTE: The right to additional paternity leave and pay is available only to parents of children who were due on or before 4 April 2015, or adoptive parents of children placed for adoption (or in the case of overseas adoptions whose child enters Great Britain) on or before 4 April 2015. Additional paternity leave is replaced by shared parental leave.
If the child's mother, or the main adopter in an adoption situation, ends his or her period of maternity or adoption leave before using the maximum entitlement to 39 weeks' statutory maternity pay, maternity allowance or statutory adoption pay, the employee taking additional paternity leave may be entitled to receive additional statutory paternity pay. The employee must have average earnings of at least the lower earnings limit for national insurance purposes, and the mother, or main adopter, must have at least two weeks of his or her statutory pay or allowance period remaining unexpired. Additional paternity pay is paid at the statutory rate, or 90% of the employee's earnings, if this is less than the statutory rate. It is payable only for any period of the additional paternity leave that coincides with the untaken portion of the 39-week maternity or adoption pay period.
Employers can provide for contractual paternity pay on more generous terms than the statutory minimum.