Statutory Paternity Pay
Ordinary Statutory Paternity Pay (OSPP) is paid to an employee by their employer in the same way as wages. OSPP is paid for one or two whole weeks taken continuously at the lower rate of £138.18 or 90% of Average Weekly Earnings (AWE) whichever is the less.
Employees are eligible for OSPP and leave if they and their partner are having a baby, adopting a child or having a baby through a surrogacy arrangement.
Your employee has the right to choose when they want to take statutory paternity pay and leave within a set period.
OSPP for birth should be taken:-
•Any time up to 8 weeks after the date of birth or
•If the baby was born early, up to 8 weeks after the Sunday of the week in which the baby was due.
OSPP for adoption should start:-
•On the date the child was placed, or the day after that if they were at work that day, or
•At a later predetermined date later, but ending not more than 8 weeks after the date the child is placed.
To qualify the employee must:-
- Give the right evidence 28 days before the start of the OSP pay period.
- Have been continuously employed for at least 26 weeks into the Qualify or matching Week.
- Continue to work right up to the date the baby is born or the child placed with the adopter.
- Have average weekly earnings of not less than £111 per week.
- Give at least 28 days notice before being paid Paternity Pay.
An employee’s employment rights are protected during paternity leave. These include the right to pay, holidays and returning to a job. You still have to pay Statutory Paternity Pay even if you stop trading.