This is a preview. To continue reading, register for free access now. Register now or Log in

In which circumstances is an employee entitled to receive additional statutory paternity pay?

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.

To be entitled to additional statutory paternity pay an employee must have, or expect to have, responsibility for the child's upbringing, and have average weekly earnings of at least the lower earnings limit for national insurance purposes over the eight-week period ending with the 15th week before the expected week of birth or, in the case of adoption, the week in which he or she is notified of being matched with the child for adoption. He or she must also have been continuously employed for a minimum of 26 weeks by the end of the 15th week before the child's expected week of birth, or by the end of the week in which he or she is notified of having been matched with the child for adoption, and have remained in the same employment until the week before the pay period begins.

In a birth situation the employee must be the father of the child or the spouse, civil partner or partner of the child's mother. In an adoption situation, the employee must be the spouse, civil partner or partner of the child's adopter and have been matched with the child for adoption.