Maternity and paternity pay for same sex couples

Welcoming a new bundle of joy is an exciting time for anyone, but juggling time and finances can be a challenge. It’s important to know what your rights are when it comes to the maternity and paternity pay you are entitled to.

For same-sex couples the first thing to note is that it’s illegal for employers to discriminate on the grounds of sexual orientation. There are no specific rights for same-sex couples but you are entitled to the same leave and pay as anyone else who is having or adopting a baby. This can vary depending on your own situation.

The following applies to statutory pay that you might be entitled to when having a baby. Some employers might offer their own, more generous packages, which must not discriminate against same-sex couples.

Maternity pay and leave

If you are the birth mother you may be entitled to maternity pay. To qualify, you must be an employee and have worked for your employer for at least 26 weeks by the ‘qualifying week’. This is the 15th week before the expected week of childbirth. You must also earn a certain amount. Currently this is at least £118 a week.

Statutory Maternity Pay (SMP) is paid for up to 39 weeks. If you are eligible you will get 90% of your average weekly earnings (before tax) for the first 6 weeks then £148.68 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks.

You can also take up to 52 weeks maternity leave. The final 13 weeks of this will be unpaid however.

Paternity pay and leave

If your partner is giving birth, you might be entitled to paternity pay. Despite the name, this is available to same-sex partners and not just birth fathers.

If eligible you can take either one or two weeks of paid leave. Paternity Pay is £148.68, or 90% of your average weekly earnings (whichever is lower). Again, you must have been working for your employer for a minimum length of time and be earning a certain amount.

Shared parental pay and leave

You and your partner may be eligible for Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if you’re having a baby. Essentially you can divide the time and pay between you in blocks, although you have to give the relevant employers notice. You can share up to 50 weeks of leave and up to 37 weeks of pay between you.

ShPP is paid at the rate of £148.68 a week or 90% of your average weekly earnings, whichever is lower.

Adoption pay and leave

Since 2015, couples who are adopting or having a baby through surrogacy are also entitled to pay that pretty much mirrors maternity and paternity pay. The primary carer can get Statutory Adoption Pay that is the equivalent of maternity pay while the secondary carer can get eth equivalent of paternity pay.

Adopting couples who qualify can also choose to take Shared Parental Leave and Statutory Shared Parental Pay.