Paternity leave

[Custardee]

Can anyone help make paternity leave clearcplease, have been on the Acas website but can’t work it out as talks about 26 weeks of employment ‘ending with the 15yhweek before the baby is due.’ For an employee who started in 3rd week of March who’s partner is due early October, are they entitled to paternity pay? And is this different to an entitlement to paternity leave?
Thanks, will put the guidance I read below.

“Statutory Paternity Pay will be payable if an employee or worker has been:

working continuously for one company for at least 26 weeks ending with the 15th week before the expected week of childbirth
has an average weekly earnings at least equal to the lower earnings limit for National Insurance contributions.”

I don't think he would be entitled, no. If you count back to 15 weeks before your due date and then count if he has been employed for 26 weeks before that - I've just guesstimated it in my head but I doesn't seem like he will have enough service.

He coukd take holidays instead though?

I count he'll only have worked for 29 weeks by the due date (ish) so he won't be entitled to paternity leave.

Get him to take 2 weeks holiday instead

Thank you, that’s how I read it too. For the statuatory paternity pay, would he be entitled to that?

You basically have to have been working somewhere a week before the date your pregnancy is calculated from. 15th week before expected date is 25 weeks pregnant and you need to have been working 26 weeks. Therefore he won't be entitled to statutory leave or statutory paternity pay. Possibly the company may offer some flex e.g. 2 weeks unpaid but they don't have to.

There's a calculator on the HMRC website. Google it and you can stick in your dates and it will confirm if SSP is payable or not.

*SPP

Thank you @ContadoraExplorer that’s a big help, I went onto the HMRC calculator and he needed to have worked from December from the sane employer to qualify. We are the employer so now have to decide what to do. New, family, small business so not easy...

Unlikely. Was he already in the job when you found out you were pg?

I am a small employer I apply HMRCs rules rigidly in this situation.