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Eligibility for Paternity Leave and Pay

To qualify for Paternity Leave and Statutory Paternity Pay, you must meet certain criteria. These requirements apply to those taking time off to care for their child, whether through birth, adoption, or surrogacy.

Who is Eligible?

You can qualify for paternity leave if you are:

  • The biological father of the baby.
  • The partner of the mother (or the person taking adoption leave), including same-sex partners.
  • The intended parent in a surrogacy arrangement.

Additional Requirements

In addition to the above, you must also:

  • Be an employee (self-employed individuals are not eligible for statutory leave or pay).
  • Provide at least four weeks' notice before your paternity leave begins.
  • Have been continuously employed for at least 26 weeks by the "qualifying week" (the 15th week before the baby’s due date). For adoption, the "qualifying week" is the week you were matched with a child, or the week the child enters the UK if you're adopting internationally.

Eligibility for Statutory Paternity Pay

To qualify for Statutory Paternity Pay, you must:

  • Continue to be employed up to the baby’s birth or adoption date.
  • Earn at least the government’s minimum earnings threshold (current thresholds are available on the Gov.uk website).

It’s also worth checking your employment contract, as some employers offer enhanced paternity pay schemes that provide additional financial support beyond the statutory minimum.

For more detailed information, including specific guidelines for surrogacy or adoption, visit the official Gov.uk page on Paternity Pay and Leave.


Next page: How to Claim Paternity Leave and Pay

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