Statutory Paternity Pay and Leave: employer guide

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Adoption

Eligible employees are entitled to paternity leave and pay if they’re adopting a child.

Calculate an employee’s paternity leave and pay using the maternity and paternity calculator. For overseas adoptions you’ll need to use your payroll software (if it has this feature) or work it out manually.

Eligibility

An employee adopting a child must:

  • have been continuously employed by you for at least 26 weeks up to any day in the week they were matched with a child (UK adoptions)
  • have been continuously employed by you for at least 26 weeks by either the date the child arrives in the UK or when they want their pay to start (overseas adoptions)
  • confirm that their partner is getting Statutory Adoption Pay in writing or by giving you a copy of their partner’s form SC6
  • meet the other eligibility conditions for paternity leave or pay

Notice period

An employee adopting a child can send you form SC4 (or your own version) for:

  • leave - no later than 7 days of their co-adopter or partner being matched with a child
  • pay - 28 days, or as soon as they’re reasonably able, before they want their pay to start

For overseas adoptions the form and notice period is different. The process is explained on form SC5.

Leave start date

An employee taking paternity leave because they’re adopting can start their leave:

  • on the date of placement
  • an agreed number of days after the date of placement
  • on the date the child arrives in the UK or an agreed number of days after this (overseas adoptions)

Leave must be taken within:

  • 56 days of the date of placement or the child’s arrival in the UK (for overseas adoptions) - for children who are placed or arrive before 6 April 2024
  • 52 weeks of the date of placement or arrival - for children who are placed or arrive on or after 6 April 2024

Proof of adoption

Employees must give you proof of adoption to qualify for paternity pay. Proof is not needed for paternity leave unless you request it. Proof can be a letter from their adoption agency or their matching certificate.

You must keep records of the proof.

View a printable version of the whole guide

Part of Get your business ready to employ staff: step by step

  1. Step 1 Decide what type of employee you need

    1. Check whether you need full time or part time staff
    2. Check the different types of employment status

  2. and Check you can afford to take on employees

    1. Check how much the National Minimum Wage is
    2. Find out how much National Insurance you need to pay for your employees
    3. Check how much sick pay your employees are eligible for
    4. Check how much you need to pay towards your employee's pension
    5. Check how much Maternity Leave you need to pay your employees
    6. Check how much Paternity Leave you need to pay your employees

  3. Step 2 Make your workplace safe and accessible for employees

    1. Prevent discrimination
    2. Make your workplace accessible for employees with disabilities or health conditions
    3. Keep employee information and data safe
    4. Fire safety
    5. Health and safety

    You also need to make checks when you recruit and employ someone.

    1. Find out what you need to check when you employ someone

  4. Step 3 Register as an employer and set up PAYE

    You need to register with HMRC so you can pay tax and national insurance for your employees.

    1. Register as an employer and set up PAYE
    2. Choose how to run payroll
    3. If you decide to run payroll yourself, choose payroll software

  5. Step 4 Check your responsibilities around workplace pensions

    1. Understand your pension responsibilities as an employer

  6. Step 5 Get Employers' Liability insurance

    1. Find out about Employers' Liability insurance

  7. Step 6 Recruit and employ staff

    1. Employ someone