Paternity Leave UK: What Employers Need to Know

Paternity Leave Entitlement

Eligible employees are entitled to 2 weeks of statutory paternity leave. Following changes introduced in April 2024, this can now be taken as either:

• Two consecutive weeks
• Two separate one-week blocks at different times

Previously, the two weeks had to be taken consecutively. The new flexibility allows fathers and partners to spread their leave over the first year of the child's life, rather than taking it all at once immediately after the birth.

Paternity leave must be taken within 52 weeks of the birth or placement for adoption. It cannot be taken before the birth. Each week of paternity leave must start and end on the same days of the week.

Eligibility Requirements

To qualify for statutory paternity leave, the employee must:

• Be an employee (not a worker or contractor) with at least 26 weeks' continuous service by the end of the 15th week before the expected week of childbirth
• Be the biological father, the mother's spouse or partner, or the intended parent in a surrogacy arrangement
• Have responsibility for the child's upbringing and be taking time off to care for the child or support the mother

For adoptions, the employee must have 26 weeks' continuous service by the end of the week in which the adopter is notified of being matched with the child. The employee must be the adopter's spouse or partner.

Statutory Paternity Pay (SPP)

Statutory Paternity Pay is paid at a flat rate for the duration of paternity leave:

Some employers offer enhanced paternity pay above the statutory rate as part of their benefits package. This is becoming increasingly common as employers recognise the importance of supporting new parents equally.

Employers can reclaim 92% of SPP from HMRC, or 103% if they qualify for Small Employers' Relief.

Notification & Timing

Following the April 2024 changes, the notification requirements have been updated:

• The employee must give notice of their entitlement to paternity leave by the 15th week before the expected week of childbirth
• They must give at least 28 days' notice before each period of leave they wish to take
• Each period of leave can be taken at a different time within the 52-week window

The employee must provide a declaration stating the expected date of birth, their relationship to the mother, and whether they are taking one or two weeks of leave.

Shared Parental Leave

Shared Parental Leave (ShPL) allows parents to share up to 50 weeks of leave and up to 37 weeks of pay between them. This can provide much more flexibility than the standard 2 weeks of paternity leave.

To use ShPL, the mother must curtail her maternity leave early, and the remaining leave and pay can be shared between both parents. Both parents must meet eligibility requirements:

• The employee taking ShPL must have 26 weeks' continuous service by the 15th week before the expected week of childbirth
• The other parent must have worked for at least 26 of the 66 weeks before the expected week of childbirth and earned at least £30 per week in any 13 of those weeks

ShPL can be taken in blocks separated by periods of work, giving families genuine flexibility in how they divide caring responsibilities. However, uptake remains relatively low, partly due to the complexity of the scheme and the fact that Shared Parental Pay is paid at the flat statutory rate (£187.18/week) rather than at 90% of earnings.

Employer Obligations

As an employer, you have several key obligations regarding paternity leave:

• You cannot refuse paternity leave if the employee meets the eligibility requirements and has given proper notice. There is no right to postpone it.
• Protection from detriment: Employees must not suffer any detriment or dismissal because they took or sought to take paternity leave.
• Right to return: The employee has the right to return to the same job on the same terms and conditions after paternity leave.
• Annual leave continues to accrue during paternity leave.
• Record keeping: Maintain records of paternity leave taken and SPP paid for at least 3 years for HMRC purposes.

How Leavely Helps

Leavely makes it easy to manage paternity leave alongside other leave types:

• Dedicated leave type: Configure paternity leave as a separate leave policy with its own entitlement, ensuring it is tracked distinctly from annual leave or sickness.
• Flexible block tracking: Record paternity leave as one or two separate blocks to reflect the new flexibility rules.
• Automatic balance updates: Annual leave continues to accrue during paternity leave, and Leavely keeps balances accurate in real time.
• Team calendar visibility: Managers can see paternity leave on the shared team calendar to plan workload coverage.
• Compliance audit trail: All leave records are fully auditable for HMRC and internal compliance purposes.