Family leave
Paternity leave UK: current rights and pay in 2026
Paternity leave is now a day-one right for eligible employees in Great Britain. Statutory Paternity Pay still has earnings and service conditions, so do not use the pay test to decide whether someone can take leave.
- Statutory paternity leave
- Up to 2 weeks
- Birth-related booking window
- 52 weeks
- Maximum weekly statutory pay
- £194.32
Guidance for England, Scotland and Wales. Northern Ireland employment rules can differ.
Who can take leave
Eligible employees can take paternity leave from the start of employment. They must meet the relationship, caring responsibility and notice conditions. The right covers eligible fathers and partners; it is not limited to married couples.
The leave can be one or two weeks, taken together or as separate one-week blocks. A week means the employee's normal working week, so a person who normally works three days takes three working days for a week of leave.
Source: GOV.UK: paternity leave · GOV.UK: paternity eligibility
Book the dates within the right window
For a birth, paternity leave cannot begin before the baby is born and must finish within 52 weeks of the birth, or the due date where the baby is early. Adoption has different start-date rules, so check the relevant guidance rather than applying the birth timetable automatically.
GOV.UK requires notice of the due date at least 15 weeks before the baby is due, with rules for booking and changing the leave itself. Confirm dates in writing and make room for the uncertainty of an actual birth date. Paternity and Shared Parental Leave can now be taken in either order.
Source: GOV.UK: paternity leave
Pay has its own eligibility test
The statutory weekly rate for 2026/27 is £194.32 or 90% of average weekly earnings, whichever is lower. It is paid through payroll with normal deductions.
For birth-related statutory pay, check the 26-week continuous service requirement by the qualifying week, the current £129 average weekly earnings threshold, employment through the birth and the required notice. These pay conditions do not remove an eligible new employee's right to unpaid paternity leave. A company scheme may provide more pay.
Source: GOV.UK: paternity pay · GOV.UK: paternity eligibility
In practice
A new starter asks for paternity leave
An employee joins shortly before their baby is born. The manager checks the current leave eligibility and notice position instead of rejecting the request because the employee has not worked for 26 weeks.
Payroll separately checks statutory pay. If the service test for pay is not met, leave may still be available, with payment determined by the company's own scheme. The written confirmation should explain both decisions.
Your next steps
- Check employee status, relationship, caring responsibility and notice.
- Confirm whether leave will be one block or two separate weeks.
- Apply the statutory pay test separately and explain any company enhancement.
- Record the agreed dates and what to do if the birth changes the plan.
Sources and review
Reviewed against the official guidance below on 7 September 2026. Rates and employment rules can change; use the linked guidance for a decision about an individual case.
Contains public sector information licensed under the Open Government Licence v3.0. Crown copyright. This is Leavely's independently written guide.
Related guides and tools
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