Read on to understand:
What is Statutory Paternity Leave?
Statutory Paternity Leave is time off work for an employee to care for their child or support their partner after birth or adoption.
As of 6 April 2026, paternity leave is a day-one right under the Employment Rights Act. That means employees no longer need a minimum length of service to take paternity leave.
Paternity leave sits alongside other family leave rights. It’s separate from, and in addition to:
If you need to calculate maternity leave for an employee, try our maternity leave calculator. You'll also find more information about Statutory Maternity Leave and Statutory Maternity Pay here.
Paternity leave entitlement
All eligible employees can take up to two weeks of paternity leave from day-one of employment. They can choose to take:
- One week or,
- Take two weeks together or,
- Take two separate one week blocks
Paternity leave can be taken at any point within the 52 weeks after the child is born or placed for adoption. This replaces the previous 56-day limit.
Our paternity leave calculator shows the earliest and latest dates leave can be taken based on the expected due date. That makes it easier to plan rotas, cover and payroll.
While two weeks is the statutory minimum entitlement, some employers choose to offer enhanced paternity leave. This allows employees to take a longer period of leave than the statutory entitlement.
Statutory Paternity Pay (the basics)
Statutory Paternity Pay (SPP) is the government-backed pay employers must provide during paternity leave.
As with Statutory Maternity Pay, most employers can reclaim the majority of the Statutory Paternity Pay they pay out from the HMRC, and small employers may be able to reclaim slightly more through Small Employers’ Relief.
For each week of SPP, the employee should receive the lower of:
- 90% of their average weekly earnings, or
- £194.32 per week (the Statutory Paternity Pay rate for the 2026/27 tax year)
This is the statutory minimum level of pay. Some employers choose to offer enhanced paternity pay, which provides a higher level of pay than the statutory entitlement.
SPP eligibility criteria
While paternity leave is now a day-one right, employees still need to meet certain eligibility requirements to qualify for Statutory Paternity Pay.
To qualify for SPP, the employee must:
- have at least 26 weeks’ continuous service by the end of the qualifying week (the 15th week before the expected week of childbirth)
- earn at least £129 per week (the 2026/27 Lower Earnings Limit) on average during the 8 weeks of pay before the qualifying week
Our calculator gives you the latest date your employee needs to have joined the business to qualify for Statutory Paternity Pay and the 8-week pay reference period that you can use to calculate the employee’s average weekly earnings.
Notice and evidence requirements for paternity leave and pay
Employees must give notice when they plan to take paternity leave.
By the 15th week before the expected week of childbirth, they must:
- Provide evidence of the baby’s due date
- Tell you that they intend to take paternity leave
For each week or block of leave they plan to take, they must:
- give at least 28 days’ notice of the start date, or
- notify you as soon as reasonably practicable.
Employers can also ask the employee to complete a declaration form confirming:
- their relationship to the child
- that the leave will be used to care for the child or support their partner.
Use the notice deadline shown in the calculator to check whether entitlement notice has been given on time. You can then work out the 28-day notice deadlines for each planned leave week.
Employee rights during the paternity leave period
While an employee is on Statutory Paternity Leave, their employment rights are protected. This includes:
- the right to return to the same or a suitable job
- continuing to accrue holiday
- being eligible for pay rises and benefits in the same way as if they were at work
It’s unlawful to treat an employee unfavourably because they’ve taken or requested paternity leave.
How paternity leave fits with maternity and Shared Parental Leave (SPL)
Paternity leave is separate from maternity leave and Shared Parental Leave (SPL).
Shared Parental Leave is a statutory right in the UK that allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of statutory pay following the birth or adoption of a child.
It works by allowing the mother or primary adopter to end their maternity or adoption leave early and convert the remaining entitlement into Shared Parental Leave. The parents can then divide that leave between them in a way that suits their family and work arrangements.
Employees can take paternity leave first, then move on to SPL later if they meet the eligibility rules.
A common approach is:
- one or two weeks of paternity leave shortly after birth, so the partner can support the family during the early days
- then Shared Parental Leave later in the first year
Historically, there were restrictions on when paternity leave could be taken if an employee also planned to take Shared Parental Leave.
But now employees can also:
- take paternity leave even if they later plan to take Shared Parental Leave, and
- take paternity leave at any point in the first 52 weeks after birth or adoption placement.
This removes earlier limitations that tied paternity leave more closely to the first weeks after birth.
The result is more flexibility for families and employers, allowing parents to combine paternity leave and Shared Parental Leave in ways that suit their childcare plans.
What happens to Statutory Paternity Pay if an employee takes Shared Parental Leave?
Statutory Paternity Pay is paid during paternity leave, for up to two weeks.
If an employee later takes Shared Parental Leave, they may qualify for Statutory Shared Parental Pay. This is the same as the statutory family pay rate.
Shared parental pay can be paid for up to 37 weeks in total, shared between the parents. This pay usually comes from the unused portion of the mother’s or adopter’s statutory maternity or adoption pay entitlement.
How the two types of pay usually work together
In practice, an employee might:
- take one or two weeks of paternity leave and receive Statutory Paternity Pay, then
- take Shared Parental Leave later in the first year, receiving Statutory Shared Parental Pay for those weeks
What about Unpaid Parental Leave?
Unpaid Parental Leave is a separate statutory right that allows employees to take unpaid time off to care for their child.
Eligible employees can take up to 18 weeks of Unpaid Parental Leave per child before the child turns 18 years old. This is a maximum of four weeks per child per year.
This type of leave is different from paternity leave or Shared Parental Leave. It is not tied to the birth or adoption period and can be used later as childcare needs arise.
As of 6 April 2026, Unpaid Parental Leave is also a day-one right, meaning employees no longer need one year of service to qualify.
Employees can take Unpaid Parental Leave in addition to paternity leave and Shared Parental Leave, as long as they meet the eligibility rules.
Neonatal Care Leave and Pay
If a baby needs specialist neonatal care (for example intensive care in the first weeks after birth), parents may also be entitled to Neonatal Care Leave and Pay.
Employees can take Neonatal Care Leave from day-one of employment if their baby is admitted for neonatal care within 28 days of birth and stays in neonatal care for at least seven consecutive days.
Statutory Neonatal Care Pay is available to employees with at least 26 weeks’ service who earn at least £129 per week on average (the Lower Earnings Limit for 2026/27). It’s paid at £194.32 per week for the 2026 to 2027 tax year, or 90% of the employee’s average weekly earnings, whichever is lower.
Neonatal Care Leave and Pay are in addition maternity, paternity and Shared Parental Leave.
Employer responsibilities and good practice
Employers should review their policies and processes.
Make sure your contracts, handbooks and policies reflect:
- the day-one right to paternity leave and Unpaid Parental Leave
- the flexible 52-week paternity leave window
- the option to take leave in two separate weeks
It’s also good practice to:
- document paternity leave and Statutory Paternity Pay decisions
- make sure managers understand employees must not be treated unfairly for taking or requesting paternity leave
- check pay arrangements remain compliant with National Minimum Wage rules where relevant.
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