Is an employee who qualifies for statutory paternity pay entitled to receive it if they are 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 their employment terminates.
An employee is eligible for statutory paternity pay if they have or expect to have responsibility for the baby's upbringing and are either the biological father of the baby or the mother's spouse or partner. In addition, they 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. They 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 they stop working for the employer before the date of the birth they are 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, they remain entitled to statutory paternity pay as long as they do not start work for a new employer during the pay period. They cannot get statutory paternity pay for any week they work 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 their pay period, the employer may wish to confirm when the employee wishes it to start, prior to their leaving the employment.