Paternity Leave UK: Rights, Pay & Employer Guide

Becoming a parent is life-changing, and UK law gives eligible employees the right to take time off work when their partner has a baby or when a child is placed for adoption. Whether you're an employer preparing for a team member's paternity leave or an employee wanting to understand your rights, this guide covers everything you need to know.

How long is paternity leave in the UK?

Eligible employees can take either 1 week or 2 consecutive weeks of statutory paternity leave. The key rules:

• 1 or 2 weeks only — you cannot take odd days or split the leave into separate blocks.
• Consecutive weeks — if you take 2 weeks, they must run back-to-back.
• A "week" means the same number of days that the employee normally works in a week (e.g., 3 days for a part-time worker who works 3 days per week).

Paternity leave is a day-one right in terms of protection from detriment, but to qualify for the leave itself and statutory pay, employees must meet specific eligibility criteria.

Who qualifies for paternity leave?

To be eligible for statutory paternity leave, the employee must:

• Be employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the "qualifying week").
• Be the biological father of the child, or the mother's spouse, civil partner, or partner.
• Have responsibility for the child's upbringing.
• Be taking time off to care for the child or support the mother/adopter.

When can paternity leave be taken?

Paternity leave must be taken within 56 days (8 weeks) of the birth or adoption placement. The leave can start on:

• The actual date of birth or placement.
• An agreed number of days after the birth or placement.
• An agreed number of days after the expected week of childbirth.

If the baby arrives early, paternity leave can still be taken within 56 days of the actual birth date. If the baby arrives late, the start date may shift, but the 56-day window begins from the actual date of birth.

Statutory Paternity Pay (SPP)

Eligible employees receive Statutory Paternity Pay for the duration of their paternity leave. The current rate for the 2025/26 tax year:

To qualify for SPP, the employee must:

• Meet the 26-week continuous employment requirement.
• Earn at least the Lower Earnings Limit (£123 per week for 2025/26).
• Give the correct notice (see below).
• Provide a signed declaration confirming eligibility.

How to give notice for paternity leave

The employee must give notice by the 15th week before the expected week of childbirth — that's roughly the 25th week of pregnancy. The notice must include:

1. The baby's expected due date (or placement date for adoption).
2. Whether the employee wants 1 or 2 weeks of leave.
3. When they want the leave to start.

This notice is usually given using form SC3 (birth) or form SC4 (adoption), available from HMRC. The employee can change the start date with 28 days' notice.

Enhanced paternity pay

While SPP is the legal minimum, many employers choose to offer enhanced paternity pay as part of their benefits package. This might include:

• Full pay for the 1 or 2 weeks of paternity leave.
• Topped-up pay — SPP plus an employer top-up to reach full salary.
• Additional paid leave beyond the statutory 2 weeks.

Enhanced paternity pay is entirely at the employer's discretion. If offered, the terms should be clearly stated in the employment contract or company policy. It's increasingly common among UK employers competing for talent — some now offer up to 6 weeks at full pay.

Shared Parental Leave (SPL)

Parents who want more flexibility can opt into Shared Parental Leave. SPL allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay between them. Here's how it works:

• The mother "curtails" (ends early) her maternity leave and converts the remaining entitlement into SPL.
• Both parents can then take the shared leave in blocks, returning to work in between if they wish.
• Shared Parental Pay (ShPP) is paid at £184.03/week or 90% of average earnings (whichever is lower) — the same rate as SPP.
• Both parents must meet eligibility criteria: the "continuity of employment" test and the "employment and earnings" test.

SPL is far more flexible than standard paternity leave — parents can take leave in up to 3 separate blocks and can even be off at the same time. However, it requires careful planning and coordination with the employer.

Adoption leave for partners

When a couple adopt a child, one parent can take adoption leave (up to 52 weeks, similar to maternity leave) and the other parent has the same paternity leave entitlements as biological fathers. This includes:

• 1 or 2 consecutive weeks of paternity leave.
• Statutory Paternity Pay at the same rate.
• The same eligibility and notice requirements.
• The option to use Shared Parental Leave instead.

The paternity leave must be taken within 56 days of the child's placement date. Notice is given using form SC4.

Employer obligations

Employers have important legal duties when it comes to paternity leave:

• Cannot refuse statutory paternity leave — if the employee is eligible, the employer must grant it.
• Protection from detriment — employees must not be treated unfairly or suffer any disadvantage because they take or request paternity leave.
• Protection from dismissal — dismissing an employee because they took paternity leave is automatically unfair dismissal.
• Right to return — the employee has the right to return to the same job on the same terms and conditions.
• Continue benefits — contractual benefits (other than pay) continue during paternity leave, including pension contributions, company car, and health insurance.
• Reclaim SPP — small employers can reclaim 103% of SPP from HMRC; larger employers can reclaim 92%.

What employers should NOT do

1. Ask the employee to delay or shorten their paternity leave.
2. Treat paternity leave as a "favour" rather than a statutory right.
3. Make the employee redundant or restructure their role while they're on leave.
4. Fail to maintain benefits during the leave period.
5. Refuse to allow the employee to return to their original role.

How Leavely helps manage paternity leave

Managing paternity leave involves tracking eligibility, notice periods, pay calculations, and return dates — all of which can be error-prone when done manually. Leavely simplifies the entire process:

• Paternity leave tracking — dedicated leave type with correct entitlement (1 or 2 weeks) built in.
• Shared Parental Leave management — track SPL blocks, remaining entitlement, and ShPP across both parents.
• Automated notifications — managers are alerted when paternity leave is requested, and reminders are sent for key dates.
• Eligibility checks — employment start dates are already in the system, making qualification checks instant.
• Audit trail — every request, approval, and date change is logged for compliance.
• Visual leave calendar — see who's on paternity leave alongside other absences to plan team coverage.