The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

Period of payment of statutory paternity pay (birth) E+W+S

6.—(1) Subject to paragraph (2) and regulation 8, a person entitled to statutory paternity pay (birth) may choose the statutory paternity pay period to begin on—

(a) the date on which the child is born or, where he is at work on that day, the following day;

(b) the date falling such number of days after the date on which the child is born as the person may specify;

(c) a predetermined date, specified by the person, which is later than the first day of the expected week of the child’s birth.

(2) In a case where statutory paternity pay (birth) is payable in respect of a child whose expected week of birth begins before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (birth) agrees to the period beginning earlier.

(3) A person may choose for statutory paternity pay (birth) to be paid in respect of a period of a week.

[F1 (4) An employee who has made a choice in accordance with paragraph (1) may vary the date chosen provided that the employee gives the employer notice of the variation—

(a) where the variation is to provide for the employee’s statutory paternity pay period to begin on the date on which the child is born, or where he is at work on that day, the following day, at least 28 days before the first day of the expected week of the child’s birth;

(b) where the variation is to provide for the employee’s statutory paternity pay period to begin on a date that is a specified number of days (or a different specified number of days) after the date on which the child is born, at least 28 days before the date falling that number of days after the first day of the expected week of the child’s birth;

(c) where the variation is to provide for the employee’s statutory paternity pay period to begin on a predetermined date (or a different predetermined date), at least 28 days before that date,

or, if it is not reasonably practicable to give the notice at least 28 days before whichever day or date is relevant, as soon as is reasonably practicable.]

Textual Amendments

F1 Reg. 6(4) substituted (1.12.2014) by The Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations 2014 (S.I. 2014/2862), regs. 1, 5 (with reg. 2)