by Ian Congreave » 27 Mar 2008, 07:31
Statutory paternity leave may be taken as a single week or two consecutive weeks. Payment can only be for a whole week, never for a part week.
Unlike maternity/adoption leave and pay, there are no "Keeping in Touch" days, so, if the employee works for the employer on one or more of the days during a week of paternity leave, the SPP due for that week is lost entirely. So, yes, if the employee's work week is 5 days and he only takes 4 days leave, no SPP is due. The employer would complete form SPP1 and complete the fifth box on the back of the form, giving the date on which the employee worked during the leave period. The form explains "You cannot get SPP if you work during any week of the Paternity Pay Period for me or for a new employer".
The disqualification only applies to the week in which the work was done, so, if the employee is taking two weeks paternity leave and does not work during the second week, SPP is due for that week.
If the technical specification indicates that it is possible to calculate a part week payment, perhaps that is in preparation for the introduction of additional statutory paternity pay in, likely, 2010, for which payment can be calculated on a daily basis, as with SMP and SAP. But, currently, SPP cannot be calculated on a daily basis.
Ian Congreave, PayPerShop administrator
Ian Congreave works as a writer, specialising in UK payroll and HR matters.
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