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According to research, 3 in 5 fathers take two weeks or less of paternity leave following the birth of their most recent child. And 70% of those who don't use their full entitlement say they simply can't afford to.
This guide covers everything employers and employees need to know about UK paternity leave: who's eligible, how much Statutory Paternity Pay is worth and how to handle it all without the headache.
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What is paternity leave?
Paternity leave is paid time off work for employees when their partner gives birth, when they adopt a child, or when they're having a baby through a surrogacy arrangement.
It's separate from an employee's normal holiday allowance. Employees can add holiday on top of paternity leave if they want to, but the two are treated differently.
Paternity leave isn't just good for families. It's good for your business too. Supporting fathers and partners through this time builds loyalty, improves wellbeing, and sends a clear message about your company culture.
Changes from 6 April 2026
This is the big one. As of 6 April 2026, paternity leave and unpaid parental leave are day-one rights under the Employment Rights Act. That means employees are entitled to paternity leave and unpaid parental leave from their very first day in a new job, regardless of how long they've been with you.
Previously, employees had to meet a length-of-service requirement before they could qualify. That's no longer the case. If someone starts with you and their partner is expecting, their employment rights around paternity leave apply immediately.
This is one of the most significant changes to parental leave and pay in recent years, and it's important that your policies reflect it.
How long is paternity leave?
Eligible employees can take one or two weeks of statutory paternity leave.
Under the Paternity Leave Amendment Regulations 2024, paternity leave can be split into two separate blocks of one week, taken at any point in the first year after the birth or adoption of a child. So employees don't have to take it all in one go.
Paternity leave is in addition to any shared parental leave an employee might take. If parents want to share more of the leave and pay between them, Shared Parental Leave allows them to share up to 50 weeks of leave, providing real flexibility in how they split caregiving responsibilities.
Could you offer more than two weeks?
Statutory Paternity Leave sets the legal minimum at two weeks. But there's nothing stopping you from offering more as part of an enhanced paternity leave policy. Some employers offer four weeks, others offer up to six. The right amount will depend on your business, but offering extra leave can make a real difference to retention, morale, and the wellbeing of new parents on your team.
How much is Statutory Paternity Pay (SPP)?
For the 2025/26 tax year, the weekly rate for Statutory Paternity Pay is £187.18 or 90% of the employee's average weekly earnings, whichever is lower.
For the 2026/27 tax year, this increases to £194.32 (or again, 90% of the employee's average weekly earnings, whichever is lower).
Tax and national insurance are deducted from Statutory Paternity Pay in the same way as normal wages.
It's worth knowing that Statutory Paternity Pay is treated the same way as Statutory Maternity Pay and Statutory Adoption Pay for tax purposes. If you're unsure how to process it through payroll, your payroll provider or HMRC's guidance can help.
What about the financial reality?
The current system means some employees, particularly lower earners, may experience a real drop in income during paternity leave.
Research shows that employed fathers on lower incomes can lose approximately £350 in the month they take leave, and many families, especially those on low or middle incomes, forgo paternity leave altogether because of the financial gap.
Self-employed fathers don't qualify for statutory paternity pay at all, which means they face a complete loss of income during any time off. It's worth being aware of this if you have contractors or self-employed workers on your books.
Can you offer enhanced paternity pay?
Yes, and many people-focused employers do. Enhanced paternity pay means topping up an employee's pay above the statutory rate during their leave, so they're not taking as much of a financial hit.
Here's what that might look like in practice:
Say you have an employee earning £35,000 a year (around £673 a week). Their Statutory Paternity Pay would be capped at £194.32 per week, which is a significant drop. As an employer, you could choose to offer full pay for the first week of paternity leave and statutory pay for the second. Or, if budget allows, full pay for both weeks.
Even topping up to 50% of normal pay makes a meaningful difference, and it signals to your team that you genuinely support them through one of the biggest moments of their lives.
Enhanced paternity pay doesn't have to be expensive. For a small team, the cost of topping up one or two employees a year is usually modest. The return, in terms of loyalty, goodwill, and the ability to attract and retain great people, tends to far outweigh it.
If you do offer enhanced pay, make sure the terms are clearly written into your paternity leave policy and employment contracts, including any conditions such as a minimum period of service or a requirement to repay if the employee leaves shortly after returning.
Who is eligible for Statutory Paternity Pay?
To qualify for statutory paternity pay, an employee must meet all of the following criteria.
1. Have a qualifying relationship with the child
The employee must be taking time off to look after their child. They need to be one of the following:
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The biological father
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The spouse, civil partner or partner of the mother or guardian, including same-sex couples and LGBT partnerships
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The child's legal guardian
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An intended parent (where the baby is planned through a surrogacy arrangement)
2. Earn at least the Lower Earnings Limit
To be eligible for Statutory Paternity Pay in the 2025/26 tax year, employees must earn at least £125 per week before tax. This is known as the Lower Earnings Limit.
For the 2026/27 tax year, the Lower Earnings Limit increase means employees must earn at least £129 per week before tax.
3. Give the right amount of notice
Employees need to give at least 15 weeks' notice before the baby's due date. The notice should include:
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When they'd like their paternity leave to start
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Whether they want one or two weeks of leave
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The expected due date
Exact dates don't need to be confirmed at this stage. For example, an employee can simply say they'd like their leave to start on the day of the birth, or a week after. If an employee wants to change their start date later, they'll need to give at least 28 days' notice.
4. Have worked with your business for at least 26 weeks before the "qualifying week"
To qualify for Statutory Paternity Pay, the employee will also need to have been under your employment for at least 26 weeks before the "qualifying week". The qualifying week is the 15th week before the baby's expected week of birth.
What if an employee isn't eligible ffor Statutory Paternity Pay?
If an employee doesn't qualify for Statutory Paternity Pay, you're required to let them know in writing within 28 days of receiving their notice.
Self-employed fathers and agency workers don't qualify for Statutory Paternity Pay. If a self-employed father wants to claim maternity allowance or Statutory Adoption Pay, they should check what's available through GOV.UK directly.
What rights do employees have during paternity leave?
While an employee is on paternity leave, they're entitled to the same terms and conditions as if they were at work, including pay and benefits. Their job is protected.
When they return, they're entitled to come back to the same job. If they decide not to return to work after paternity leave, they don't have to repay their Statutory Paternity Pay.
What is Unpaid Parental Leave, and how does it differ?
It's easy to confuse paternity leave and Unpaid Parental Leave, so it's worth being clear on the difference.
Paternity leave is paid leave for partners in the period after a birth or adoption. Unpaid Parental Leave and pay is a separate entitlement that allows eligible parents to take up to 18 weeks of unpaid leave per child, up until their child turns 18.
As of 6 April 2026, Unpaid Parental Leave is also a day-one right under the Employment Rights Act, so the same rule applies. Employees can access this from their first day with you.
What about adoption?
Employees who are adopting a child are also entitled to Statutory Paternity Leave and Pay, in the same way as biological parents. If a child is placed through an adoption agency, the same eligibility criteria and notice requirements apply.
For same-sex couples and civil partners going through an adoption process, both partners may be entitled to parental leave and pay. It's worth checking GOV.UK or speaking to an HR adviser for guidance specific to your circumstances.
Supporting working fathers and partners in your business
Statutory Paternity Pay and Paternity Leave set the legal floor, but the best employers go further. Whether that's enhanced pay, extra leave, flexible return-to-work arrangements, or simply having a clear and compassionate policy in place, the way you handle parental leave says a lot about your culture.
The conditions around parental leave and pay are very much in your hands beyond the statutory minimums. There's nothing stopping you from offering more if you can.
Making sure your paternity leave policy is up to date, especially with the changes from 6 April 2026, protects both your employees and your business. And having it written down clearly, somewhere employees can easily find it, is half the battle.
Breathe's HR software makes it simple to track length of service, record parental leave, and keep all your policies in one secure place. See how Breathe can help your business.
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