Answer: Yes he is. Changes to the law in late 2005 mean that unmarried and same-sex couples now have the right to adopt together. Therefore, so long as the following conditions are met, he will qualify:

1. You must be the biological father or adopter of the child or be the mother's (or adopter's) husband, partner or civil partner or have or expect to have responsibility for the child's upbringing.

2. You must have continued to work for the same employer without a break for at least 26 weeks by the 15th week before the baby is due, or employed up to and including the week your wife, partner or civil partner was matched with a child.

3. You must continue to work for that employer without a break up to the date the child is born or placed for adoption

4. You must be earning an average of at least £90 a week (before tax).

If his average weekly earnings are £90 or more (before tax), Statutory Paternity Pay is paid for one or two consecutive weeks at £123.06 or 90% of his average weekly earnings if this is less.

As the employer, you will pay Statutory Paternity Pay in the same way and at the same time as your normal wages and as SPP is treated as normal pay you will also need to deduct tax and National Insurance as usual.

Your staff member must have told you when he intends to take leave within 7 days of his girlfriend being told by the adoption agency that they've been matched with a child. If they were actually having a baby, he would have needed to tell you by the 15th week before the baby is due.

Note: Recent reports suggest that the government may look again at plans to extend paternity leave prompted by concerns that the new regulation may impose added pressures on employers already struggling with the recession. The changes to the rules, which would extend paid maternity leave to 12 months and allow fathers to share up to six months of this, are intended to give working parents the chance to spread the responsibility of taking care of newborn children.