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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48485
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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we are a small company who employ three people. One may be

Customer Question

we are a small company who employ three people. One may be looking to go on paternity leave shortly. Will I have to pay a wage to this person and can I get financial help?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long has he worked there?

JACUSTOMER-s5hjl3m3- :

three years

JACUSTOMER-s5hjl3m3- :

any thoughts?

Ben Jones :

Hi sorry got called into a meeting and just looking into your query now

Ben Jones :

During Ordinary Paternity Leave, employees are entitled to benefit from their usual contractual terms except for those terms relating to remuneration. "Remuneration" is defined as "only sums payable to an employee by way of wages or salary".

During this period the employee will only be entitled to Statutory Paternity Pay, which is either £136.78 a week or 90% of their average weekly earnings (whichever is lower).In addition, Tax and National Insurance will need to be deducted.

You can refer to this document for full details of your rights and obligations in relation to paternity leave:

http://www.hmrc.gov.uk/helpsheets/e19.pdf

You can check pages 16 for the rules on what you can do if you cannot afford to pay your employee and also page 32 on your right to recover any of that money paid.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

JACUSTOMER-s5hjl3m3- :

disappointed by your lack of response, can I have my money back?

Ben Jones :

the answer is above and that was posted yesterday afternoon so I am not sure what exactly you are referring to?