Paternity- Statutory Paternity Leave (spl) And Pay (spp)
days of notice being received.
Ordinary paternity leave • had to be taken as one or two consecutive complete weeks • had to be completed within 56 days of the actual date of confinement (ADOC) or first day of the Expected Week, of Childbirth (EWC), whichever is the later • when notified the intention to take the leave at the date of the child’s birth, it had to be so taken, whether the child is born early or late • from 5th April 2015 any period of Statutory Paternity Leave has to be completed before the mother or main adopter curtails their maternity of adoption leave in favour of Shared Parental Leave. Additional paternity leave (until April 2015 only) • could not be taken before the child was 20 weeks old, or 20 weeks since the date of placement - unless the mother or adoptive parent dies, see below • had to be completed by the date of the child’s first birthday, or it is one year since the date of placement • was abolished with effect from 5th April 2015 and replaced by the right to Shared Parental Leave. COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS Statutory Paternity Pay (SPP) To qualify for SPP the employee must in addition to the above conditions have Average Weekly Earnings (AWE) in the eight weeks before the partner’s Qualifying/Matching week at, or above, the Lower Earnings Limit (LEL) for National Insurance (£120 p.w. for 2020/21). Additional Statutory Paternity Pay (ASPP) (to April 2015 only) To qualify for ASPP the employee had to have qualified for OSPP and remained in the same employment. A reduction in earnings cannot lead to a loss of entitlement. If AWE were high enough for OSPP, no recalculation is performed. If the employee did not take OSPP the employer had to perform an AWE calculation based on the eight weeks before the partner’s Qualifying/ Matching week to check that average earnings were at, or above, the Lower Earnings Limit (LEL) for National Insurance - £112 p.w. for 2016/17. Keeping in touch (KIT) days Employees were entitled to take up to ten KIT days during additional paternity leave with no loss of ASPP, regardless of the length of leave taken, in order to come into work or to undertake training. This entitlement has also ended with the abolition of ASPP. Employment rights During ordinary leave the employee is entitled to: • the provision of all contractual non-cash benefits e.g. a company car, childcare vouchers • protection from detriment for asserting the right to take leave • return to the same job on the same terms and conditions at the end of leave No printing, copying or reproduction permitted. The rate for ASPP was not been increased for 5th April 2015 in line with ASPL being abolished at that date.
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