Paternity leave UK: 2026 rules, pay and eligibility

Statutory paternity leave is up to 2 weeks. The employee chooses 1 week or 2 weeks, and 2 weeks can be taken together or as two separate one-week blocks. The amount is the same even if there is more than one child from the same pregnancy, such as twins.

A week of paternity leave means the number of days the employee normally works in a week. Someone who works only Mondays and Tuesdays gets 2 days for each week of leave, and someone who works three days a week gets 3 days. Statutory paternity leave is taken in weeks, so taking a couple of odd days and working the rest of the week is not statutory paternity leave. Shorter or extra time off would need to come from holiday or a company scheme.

An employer can offer more under a contract or company policy. GOV.UK says employers must make their paternity leave and pay policies clear and easily accessible to staff.

Leave and pay have separate tests, and mixing them up is the most common employer mistake. From 6 April 2026, paternity leave is a day-one right: an employee who has worked for you for 3 months, or 3 days, can take it if they meet the other conditions. The employee must be taking time off to look after the child and be the father, the husband or partner of the mother or adopter, the adopter, or the intended parent in a surrogacy arrangement. This includes same-sex partners.

Statutory Paternity Pay still has a service and earnings test. The employee must have been continuously employed by you for at least 26 weeks up to any day in the qualifying week, which is the 15th week before the baby is due. They must also earn an average of at least £129 a week before tax, be employed by you up to the date of birth and give the correct notice.

Acas says anyone with the legal status of worker is not entitled to statutory paternity leave, but may still be entitled to Statutory Paternity Pay. Someone who works through an agency might be an employee or a worker, so check their actual status rather than the job title.

HMRC guidance says you can treat agency workers as employees for PAYE and Class 1 National Insurance, and agency workers can still qualify for SPP even if there were weeks with no work for them. Casual staff on a series of short contracts count if you must deduct PAYE and Class 1 National Insurance from their pay, and you must pay them SPP if they meet all the qualifying conditions. Where a worker cannot take statutory leave, Acas suggests the agency and employer may agree paid holiday, unpaid leave or special leave instead.

For a birth, leave cannot start before the baby is born. It can start on the actual date of birth, a specified number of days after the birth, or a set date after the birth. It must end within 52 weeks of the birth, or of the due date if the baby is early. Older guidance gave a 56-day limit, which no longer applies in Great Britain.

Because the employee does not have to give a precise date, they can choose a general time such as the day of the birth or one week after. This handles uncertainty when the baby is late. HMRC guidance says the paid period can start on any day of the week, so it does not have to run Sunday to Saturday.

Paternity leave and Shared Parental Leave can now be taken in any order. From 6 April 2026, bereaved fathers and partners can take up to 52 weeks of paternity leave if the mother or primary adopter dies in the child's first year.

There are two notice points. The employee must tell the employer the baby's due date at least 15 weeks before the baby is expected. They must then give at least 28 days' notice of when they want leave to start and whether they want 1 or 2 weeks. Notice does not have to be in writing unless the employer asks for it, and the employee does not need to give proof of the pregnancy or birth. The claim form, previously form SC3, is now an online form, or the employer's own form can be used.

Changing the start date normally needs 28 days' notice. Acas says shorter notice may be possible if the baby is born early or late or needs hospital care. A temporary rule covers babies due between 5 April and 25 July 2026: employees with less than 26 weeks' service by the qualifying week did not need to give the 15 weeks' notice, but still needed 28 days' notice of their leave. For babies due on or after 26 July 2026, both usual notice periods apply.

An employer cannot refuse paternity leave to an eligible employee. Late notice is handled by delay, not refusal. If the employee does not have a reasonable excuse for giving notice late, you can delay the start of leave or pay, but you must write to them within 28 days of their leave request. Acas recommends talking to the employee to understand why the information was late and asking for it without further delay.

If an employee does not qualify for Statutory Paternity Pay, send form SPP1 within 28 days of their pay request and keep a copy. The employee can ask for a written statement explaining your decision, which you should provide within a reasonable time, for example 7 working days.

The statutory weekly rate for 2026/27 is £194.32 or 90% of average weekly earnings, whichever is lower, for up to 2 weeks. It is paid in the same way as wages, with tax and National Insurance deducted, and is usually paid while the employee is on leave. You must confirm the start and end dates of pay when the employee claims.

Employers do not have to pay full salary during paternity leave, but they can. A company scheme can pay more than SPP but cannot pay less than the statutory amount. If you pay more, you can usually reclaim only 92% of the statutory amount, or 109% if you qualify for Small Employers' Relief by paying £45,000 or less in Class 1 National Insurance in the last complete tax year. Reclaims go through the Employer Payment Summary.

SPP depends on the partner's own employment and earnings. The mother receiving Statutory Maternity Pay is not one of the conditions, so both can be paid if each meets their own test. SPP is not payable for weeks when the employee is paid Statutory Sick Pay, and it ends if the employee starts work for a new employer after the paid period begins.

For a UK adoption, the qualifying week is the week the adopter is matched with the child. Leave can start on the placement date or a chosen date after it, and must end within 52 weeks of the date the child is due to be placed. The employee should claim within 7 days of their co-adopter or partner being matched with a child. Overseas adoptions have different dates and notice. From 6 April 2026, the day-one right to leave applies to adoptions where the child is placed on or after that date.

For surrogacy, the qualifying week is the 15th week before the baby is due, leave must end within 52 weeks of the birth, and the employee must tell the employer at least 15 weeks before the due date. For SPP this must be in writing, with a statement that they intend to apply for a parental order within 6 months of the birth.

Employment rights such as pay rises, holiday accrual and the right to return to work are protected during paternity leave. Acas says employees accrue their usual holiday during statutory paternity leave and that, on return, their job and its terms must remain the same.

An employer must not subject an employee to detriment for taking, or planning to take, paternity leave. Planning to take or being on paternity leave is never a valid reason for dismissal. Such a dismissal is automatically unfair, and if an employer dismisses someone while on leave it must give the reasons in writing. After the birth, the employee may also want to make a flexible working request.