2.18.1

STATUTORY PATERNITY PAY/LEAVE

Becoming a Parentor Adoptive Parent

If you want to take time off work to support the mother of a baby or look after the baby, or support your partner who is adopting a child / child from abroad you may be entitled to:

  • Ordinary Statutory Paternity Pay (OSPP) – at least part of your wages will be paid for two weeks. You will get the weekly rate of SPP current at the time of your paternity leave, or 90% of your average weekly earnings, whichever is less
  • Additional Statutory Paternity Pay (ASPP) – if your partner has returned to work within 39 weeks of claiming Statutory Maternity Pay, you may claim ASPP at the same rate as your OSPP
  • Ordinary Paternity Leave – up to two weeks’ time off in the 56 days following the date your baby was due, or the date the child was due to be placed with you
  • Additional Paternity Leave – if your partner has returned to work and did not claim 52 weeks of maternity leave, you may claim APL.

Depending on your circumstances you may not qualify for OSPP, ASPP and/or Paternity Leave. Your employer will let you know. If this is the case you will get more advice and information at the time.

If you need help with this form please contact any HM Revenue & Customs office. Look up ‘Inland Revenue’ or ‘HM Revenue & Customs’ in your local phone book.

Please read through the terms and conditions and if you think you might qualify, then

  • Complete page 3 and give it to your employer.
  • If you think you may qualify for ASPP, ask your employer for form 2.18.1b.

Other Help

The Direct Gov website gives more information on these rights and other employment protection - please see the ‘Employment Matters’ page . The Department of Business Innovation and Skills (BIS) publication ‘Working Fathers’,and ‘Paternity Leave and Pay – a basic summary’give information on these rights.The second publication also gives details of other booklets about employment protection and related equal opportunities legislation. These are available from

You can also contact:

  • Any HM Revenue & Customs office for more information about Ordinary/Additional Statutory Paternity Pay
  • Any Advisory, Conciliation and Arbitration Service (ACAS) office for more information about paternity leave and other employment rights (telephone ACAS on 08457 47 47 47 or see for details)

Information on all aspects of employment legislation is also usually available from any Citizens Advice Bureau, low pay units and Trade Unions.If you are not entitled to OSPP/ASPP you may be entitled to other government help. Contact your local Jobcentre Plus office for further information.

Terms and Conditions

On this form we have not covered all of the law that relates to Ordinary and Additional Statutory Paternity Pay (OSPP/ASPP) and Paternity Leave. So if you are in any doubt about your entitlement, talk to your employer or contact any HM Revenue & Customs office.

OSPP, ASPP and Paternity Leave are available to any employee (male or female) who is:

  • A biological father
  • A partner, husband or civil partner that is not the child’s biological father
  • A partner of someone adopting a child on their own
  • A partner of the adopter (adopting a child with their partner).

You must be able to declare that:

  • You are

-the child’s biological father, or

-married to or in a civil partnership with the mother/adopter, or

-living with the mother/adopter in an enduring family relationship, but are not an immediate relative,

and

  • You will be responsible for the child’s upbringing and
  • You will take time off work to support the mother/adopter of the child, or care for the child.

If you and your partner are adopting a child together you must also declare that you have chosen not to receive Statutory Adoption Pay yourself.

You must be continuously employed by the same employerfor at least 26 weeks by the end of the 15th week before the baby is due, or up to and including the week the person adopting the child was matched with the child (or for 26 weeks up to and including the date the child enters the UK). You must then continue to be employed by the same employer until the date the baby is born/child is placed with the adopter (or the actual date the child enters the UK).

To get Statutory Paternity Pay you must also have average earnings over a set period above a set amount – your employer will work this out for you.

You cannot start your Paternity Leave before the child is born or before the child is placed with you.You can choose to take one or two whole weeks’ ordinary paternity leave, but not two separate weeks, which must end by the 56th day after the date of birth, or date the child was placed with the adopter (or after the date the child enters the UK). If the baby is born early you can choose to take your leave any time between the actual date of birth and the end of an 8 week period starting from the Sunday of the week the baby was originally due. You cannot take odd days off work, but the weeks can start on any day, for example, from Tuesday to Monday.

If the mother or adopter has returned to work, you may take between 2 and 26 weeks’ additional paternity leave, but this cannot start before a child is 20 weeks’ old and must finish by the child’s first birthday or by the first anniversary of the child being placed with the adopter.

You must discuss your leave plans with your employer and tell them what time off you want by the 15th week before the week the baby is due, or within seven days of the date the adoption agency told the adopter they had been matched with the child. Your employer can tell you when this is if you are not sure. You can change your mind but you must give your employer 28 days’ notice of the dates. You and your employer may find it helpful if you fill in a new version of this form.

If you cannot tell your employer what time off you want in time, or the baby is born sooner or later than expected, please discuss the situation with your employer. If you are unable to resolve any disagreement, contact any HM Revenue & Customs office for advice.

Adopting a child from Abroad

You must tell your employer:

  • The date on which the adopter was sent official notification from the UK authority. Official notification means a written notification, issued by or on behalf of the relevant UK authority that it:

-is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or

-has issued a certificate and sent it to that authority.

In either case this confirms that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent. You need to ask the person adopting the child from abroad when they received this, and tell your employer. You must tell them this within 28 days of the date the official notification from the UK authority was sent if you were already employed by 26 weeks at that date. If you have not already worked for 26 weeks you must tell them within 28 days of the Sunday of your 26th working

week.

  • The date the child is expected to enter the UK. You must tell your employer the date the child enters the UK within 28 days of that date.

Disagreements

If your employer tells you that you are not entitled to OSPP/ASPP and/or Paternity Leave you can challenge that decision. If you need help with this, for:

  • OSPP/ASPP – contact our Statutory Payments Disputes Team on 0191 225 5221.
  • Paternity Leave – contact the Advisory Conciliation and Arbitration Service (ACAS), on helpline number 08457 47 47 47. In Northern Ireland, contact the Labour Relations Agency on 028 9032 1442.

Penalties

Penalties may be charged where a person, either fraudulently or negligently, gives incorrect information or makes a false statement or declaration for the purpose of claiming entitlement to Statutory Adoption, Paternity, Maternity or Sick Pay.

Ordinary Paternity Declaration Form

Father/Partner’s claim for Ordinary Statutory Paternity Pay and Leave

PLEASE ENSURE THAT THIS FORM IS COMPLETED AND SIGNED BY THE EMPLOYEE AND RETAINED IN THEIR FILE FOR HM REVENUE & CUSTOM PURPOSES.

About YouYour declaration

  1. Surname:
  1. First name(s):
  1. Employee Number:
  1. Branch Number:
  1. National Insurance Number:

Your dates for pay and leave

  1. Date the baby is/was due onor the date the adoption agency told the

adopterthey had been matched with a childor date of the official

notification of adoption of a child from abroad (DD MM YYYY):

  1. Date the adopted child is expected to be placedor date the child is

expected to enter the UK to live with the adopter (DD MM YYYY):

  1. If the baby has been born,please enterthe actual date of birth, or if

Theadopted child has been placed, enter the date they were placed

(DD MM YYYY):

Working out Ordinary Paternity Leave and Ordinary

StatutoryPaternity Pay

  1. I would like my Ordinary Paternity Leave and

Ordinary Statutory Paternity Payto start on (DD MM YYYY):

  1. I want to be away from work for (please delete as appropriate):

one week or two weeks

  1. My paternity pay and leave claim is linked to:
  • My partner’s maternity leave (SC3):

or

  • My partner’s adoption leave (SC4):

or

  • My partner’s adoption of a child from abroad (SC5):

RL 2.18.1 2012-04 v01

1

April 2012

TERMS AND CONDITIONS OF EMPLOYMENT

Ordinary Statutory Paternity Pay/Leave Declaration Form