PART 4: STATUTORY PAYMENTS
and ordinary Statutory Paternity Pay (OSPP).
Qualification In order to qualify for Statutory Paternity Leave, both ordinary and additional, the employee had to: • have a relationship - biological father, married to the mother, live with mother or adopter in an ‘enduring family relationship’ and be able to make a ‘declaration of family commitment on form SC7 for births and SC8 for adoptions’ • supply evidence to the employer in the form of a completed self-certificate SC3 for birth parents or SC4 for adoptive parents for ordinary leave • have worked with the employer for not less than 26 weeks before the Qualifying or Matching Week (based on partner’s Expected week of Childbirth (EWC) and stayed with the same employer to the Actual Date Of Childbirth (ADOC) see tables below. COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS In addition: • for additional leave only and only up to the introduction of shared parental leave: the mother must have qualified for SMP, SAP or Maternity Allowance and returned to work* with at least 2 weeks’ unused leave i.e. no later than at the end of week 50 • for additional pay only: the mother must have qualified for SMP, SAP or Maternity Allowance and returned to work* with at least 2 weeks’ unused statutory pay weeks i.e. no later than at the end of week 37. *returned to work simply means bringing the statutory pay and leave period to an end so that unused weeks can be assessed, the employee can be on holiday or on parental leave so need not be physically have returned to work. N.B. The Employment Equality (Age) Regulations 2006, which came into effect on the 1st October 2006 amended the definition of an employee by removing the minimum and maximum age restrictions of 16 and 65 years respectively, thereby extending the entitlement to Statutory Paternity Pay. Notice The employee had to give 28 days’ notice before commencement of ordinary leave, and 28 days’ notice to change the date given on form SC3 for ordinary leave. For additional leave the employee had to give eight weeks’ notice to the employer on forms SC7 or SC8 and six weeks’ notice to change or cancel additional leave dates. No printing, copying or reproduction permitted. Entitlement This was a maximum of one or two weeks’ consecutive ordinary paternity leave around the time of birth, plus a minimum of two and a maximum of 26 weeks’ additional leave of which a maximum of 19 could have been paid if the mother returned to work at the end of the 20th week of SMP. Notification Week The employee had to notify the employer of the intention to take ordinary paternity leave by the 15th week before the child’s expected week of birth and eight weeks before he wishes to take additional leave. The employer was required to confirm entitlement to additional leave within 28
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