Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
What this means for your business
- Applies to
- United Kingdom
- On this page
- 16 compliance obligations, 1 practical guide
What you must do
16 compliance obligations under this legislation.
Management duties 1
Determine and manage adoption pay period dates
If one of your employees is eligible for statutory adoption pay, you must let them choose when their 39‑week pay period starts, either on the day the child is placed (or the next day if they are at work) or up to 14 days before placement, subject to the statutory notice rules. You must ensure the period lasts a continuous 39 weeks and cannot start earlier than 28 days after the required notice unless you agree to an earlier start.
Notifications 3
Give expected placement date when applying for statutory adoption pay
If you (as an employee) want to claim statutory adoption pay, you must send your notice to your employer and tell them the date you expect the child to be placed. If you choose the option referred to in regulation 21(a), you must also tell your employer the placement date as soon as reasonably practicable.
Notify employer of any work while receiving statutory paternity pay
If you’re on statutory paternity pay and you do any work for an employer who falls under the relevant regulations, you must let the person who pays your paternity pay (usually your employer) within seven days of the first day you work. If your employer asks, the notice must be in writing.
Notify the statutory adoption‑pay payer if you work during your adoption pay period
If you are receiving Statutory Adoption Pay and you start working for an employer who does not have to pay that benefit (and you are not covered by the specific exemption in regulation 25(b)), you must tell the organisation that is liable to pay your adoption pay. You have 7 days from the first day you work to make that notification, and you must put it in writing if they ask for it.
Payments and fees 11
Allow employee to choose start date and period of statutory adoption paternity pay
If one of your staff is adopting a child and qualifies for statutory paternity pay, you must let them pick when the pay starts – either on the placement day (or the next day if they work that day), a later date of their choosing, or a predetermined later date. They can also decide whether the pay is taken as a single one‑ or two‑week block or as two separate weeks. Your business must then pay the statutory amount according to the employee’s choice.
Continue statutory adoption pay if employee works up to 10 days
If an employee takes statutory adoption leave and works for ten days or fewer during that leave, you must still pay them their statutory adoption pay for the whole period. The payment continues even though the employee has done a small amount of work.
Pay statutory adoption pay to eligible employees
If one of your staff has more than one job, you still must pay statutory adoption pay for any week they work only for you, provided you were their employer in the week they were notified they’d be matched with the child. Check the employee’s work pattern and make the payment in line with the standard statutory adoption‑pay schedule.
Pay statutory adoption pay when you dismiss to avoid liability
If you end an employee’s contract mainly to avoid paying statutory adoption pay, and the employee has worked for you for at least 8 continuous weeks, you must still pay them. You treat the employee as if they had remained employed until the week they were matched with the child, and you calculate their pay using the earnings from the 8 weeks before they were dismissed.
Pay statutory paternity (adoption) pay when employee works only for you
If an employee on adoption leave works for more than one employer, you must still pay statutory paternity (adoption) pay for any week where they work only for your business, even if you are not the adopter’s liable employer, provided they worked for you in the week the adopter was notified of the match. Check your payroll and make the payment in line with the statutory rates.
Pay statutory paternity or adoption pay on time
When an employee is entitled to statutory paternity pay or statutory adoption pay, you must pay the amount on the first normal payday after the appeal period has ended (or after a final appeal decision). If your payroll system makes that impossible, you must pay by the next payday, and if the employee would not have been paid for that week, you must pay on the first day they would normally receive wages for that week.
Pay statutory paternity or adoption pay when the employer fails or becomes insolvent
If your business does not pay the statutory paternity or adoption amount that an employee is entitled to, the employer’s board must pay those amounts on its own behalf. The same applies if your business goes insolvent – the board is still liable for the full pay until the period ends.
Pay statutory paternity pay as per employee's chosen dates
If an employee is eligible for statutory paternity pay, they can decide when the pay starts and whether they take it as one continuous week, two weeks, or two separate weeks. You must allow them to make that choice and then pay the statutory amount for the period(s) they selected. The payment should be made on your normal payroll dates covering the chosen period.
Pay statutory paternity pay even after dismissing to avoid it
If you end an employee’s contract mainly to dodge the statutory paternity pay rule, you must still pay them as if they had stayed employed up to the birth or adoption. The pay is calculated on their normal weekly earnings from the eight weeks before they left. This prevents employers from using dismissal to avoid the legal payout.
Pay statutory paternity pay for eligible weeks even if not liable
If an employee works for you on a statutory paternity‑pay week and that’s the only employer they work for, you must pay them statutory paternity pay for that week, even if you wouldn’t normally be liable to do so, provided they worked for you in the week immediately before the 14th week before the expected birth.
Terminate statutory adoption pay when adoption is disrupted
If an adoption you have paid for is later disrupted – for example the child dies, is returned, or the placement never happens – you must stop the statutory adoption pay. The pay must end 8 weeks after the week in which the disruption occurs.
Record keeping 1
Provide evidence for entitlement to statutory adoption pay
If you are adopting a child and wish to receive statutory adoption pay, you must give your employer the adoption‑agency paperwork that shows the placement dates and a signed declaration that you have chosen adoption pay, at least 28 days before the pay period starts (or as soon as practicable).
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
54 classified provisions from this legislation.
Duties 17
- s.6 Options in respect of periods of payment of statutory paternity pay (birth)
- s.10 Entitlement to statutory paternity pay (birth) where there is more than one employer
- s.12 Options in respect of periods of payment of statutory paternity pay (adoption)
- s.16 Entitlement to statutory paternity pay (adoption) where there is more than one employer
- s.17 Work during a period of payment of statutory paternity pay
- s.20 Avoidance of liability for statutory paternity pay
- s.21 Adoption pay period adoption pay period
- s.22 Adoption pay period in cases where adoption is disrupted
- s.23 Additional notice requirements for statutory adoption pay
- s.24 Evidence of entitlement to statutory adoption pay
- s.25 Entitlement to statutory adoption pay where there is more than one employer
- s.26 Work during an adoption pay period the person
- s.30 Avoidance of liability for statutory adoption pay
- s.42 Time when statutory paternity pay and statutory adoption pay are to be paid
- s.43 Liability of the Board to pay statutory paternity pay or statutory adoption pay
- s.45 Payments by the Board
- Working for not more than 10 days during an adopti Working for not more than 10 days during an adoption pay period
Offences and penalties 3
Definitions 5
- s.2 Interpretation
- s.11 Conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption partner
- s.39 Meaning of “earnings”
- Qualifying period for statutory paternity pay (ado Qualifying period for statutory paternity pay (adoption)
- Qualifying period for statutory paternity pay (bir Qualifying period for statutory paternity pay (birth)
Exemptions 8
- s.7 Additional notice requirements for statutory paternity pay (birth)
- s.13 Additional notice requirements for statutory paternity pay (adoption)
- s.29 Termination of employment before start of adoption pay period
- s.32 Treatment of persons as employees
- s.33 Continuous employment
- s.35 Continuous employment and stoppages of work
- s.40 Normal weekly earnings
- Notice and evidence requirements for statutory pat Notice and evidence requirements for statutory paternity pay (birth)