Q&As

Is an employee who has given notice of termination of his employment entitled to statutory paternity pay?

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Published on LexisPSL on 02/05/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is an employee who has given notice of termination of his employment entitled to statutory paternity pay?

Is an employee who has given notice of termination of his employment entitled to statutory paternity pay?

Conditions of entitlement to statutory paternity pay (SPP) are not the same as those relating to paternity leave, although there is a significant overlap. The individual seeking to claim SPP:

  1. need not have the status of employee, but must have been (at the relevant times) in 'employed earner's employment' with the employer from whom SPP is claimed.

  2. must have been in that employment for a continuous period of at least 26 weeks ending with (in the case of birth) the week immediately preceding the 14th week before the expected week of the child's birth, or (in the case of adoption) the week in which the adopter is notified of being matched with the child

  3. must remain in that employment from then onwards until the day on which the child is born or placed for adoption

  4. must satisfy the same conditions as to relationship with the child (including the requisite responsibility

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