Statutory Paternity Pay
Guidance on the legislation for partners having a child
Your employee may be entitled to Ordinary Statutory Paternity Pay (OSPP) if their partner has a baby or adopts a child. This replaces their normal earnings and helps them take time off to care for the child or support the mother.
If your employee is entitled to OSPP, you must pay them the lower of the following:
- £145.18 - for pay weeks commencing on or after 6 April 2017
- 90 per cent of their average weekly earnings
Criteria for Eligibility
For an employee to be considered eligible for OSPP they must have:
- Worked for you continuously - full or part time for at least 26 weeks up to and into the 15th week before the week the baby is due or for at least 26 weeks by the end of the week in which they were notified that they had been matched with a child
- Continued to work right up until the date the baby was born or the child was placed with the adopter
- Have average weekly earnings which are at least equal to the Lower Earnings Limit (LEL) for National Insurance contributions (NICs) - for 2018-19 this is £116 per week
- Given you the right paperwork and sufficient notice of when they would like the OSPP payments to start
If your employee's earnings are below the LEL, or they're not entitled to OSPP for some other reason, they may be entitled to other financial support from the Department for Work and Pensions (DWP). You must write to the employee confirming they are not eligible and send them form OSP1 within 28 days of their pay request.
Your employee may be entitled to OSPP for a birth if they have responsibility for the baby's upbringing, are taking time off to support the mother or care for the baby and they're either:
- The baby's biological father
- The mother's husband or partner - including a female partner in a same sex couple.
- The childs adopter
Choosing to take pay and leave
Your employee has the right to choose when they want to take 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 predetermined date later than above, but ending not more than 8 weeks after the date the child is placed with the adopter.
How to qualify
To qualify the employee must:
- Give the right evidence 28 days before the start of the OSPP pay period
- Have been continuously employed by you for at least 26 weeks into the Qualifying Week or matching week and continue to work for you right up until the date the baby is born or the child is placed with the adopter
- Have average weekly earnings not less than £116 per week
- Normally give at least 28 days notice before they want to start to be paid Paternity Pay