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Can A Small Business Claim Paternity Pay for an Employee?

Hi

I just wanted to know if the an employee of a small business can claim paternity pay for upto 2 weeks? The owner of the business is not willing to pay him although he has granted him the 2 weeks off.

If it is possible - how does he do about it? How does he can get the payment? Is there forms that he has to fill in?

Thanks in advance.

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23rd Nov 2012 06:36

Owner has to pay
It is the law that he has the right to 2 weeks paternity pay and leave so the owner if the business HAS to pay him the SPP amount if he meets criteria which the business of course can claim back. Just make sure employee fills out proper SPP form for leave - and he can't grant him the 2 weeks off as if he's doing him a favour it's his legal right to the time off so employer MUST give it to him but make sure paperwork is in order.

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An absolute right... if the conditions are fulfilled

SPP is an absolute right as long as certain conditions are fulfilled. From memory the employee has to earn above the LEL (£107/week) and they have to be employed by the employee for more than 9 months (ie they got the job before their partner became pregnant). The weekly amount of the SPP is the smaller of £135.45 and 90% of the employee's average weekly earnings.

The employer will get 103% of the SPP back from HMRC if they are a small employer or 92% otherwise. A small employer is one which pays a total NI bill to HMRC of less than £45k annually.

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23rd Nov 2012 13:35

One or two whole weeks

I would just add that the employee cannot take odd days of leave paid under SPP - it must be either one or two whole weeks.

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