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What if there is a gap in the 26 weeks when I wasn't working?
Your employer must pay you Statutory Paternity Pay when adopting even if there is a gap in the 26 weeks when you were not working, as long as the reason why you were not working was that:
- Your employer did not have any work to offer you; or
- You were offered work but you couldn’t do it because of sickness, injury, maternity leave, paternity leave, adoption leave, parental leave or paid holiday.
A week will count towards your 26 weeks of continuous employment even if you only work one day in that week. However, to get Statutory Paternity Pay for adoption, you need to have earned on average at least £113 a week in the eight weeks leading up to the 15th week before the matching date (two months if you are paid monthly).
A week runs from Sunday to Saturday. There is more information about payment of SPP when there are gaps in your service on the Gov.UK website. Contact Citizens Advice if you are not sure.