UK paternity leave is built around a single statutory right: 1 or 2 weeks of paid leave for the father or partner when a child is born or adopted. The entitlement sits in the Employment Rights Act 1996, is paid at a flat weekly rate through Statutory Paternity Pay (SPP), and must be taken within strict time limits.
This guide covers UK paternity leave in 2026: the statutory entitlement, SPP rates and employer recovery, eligibility criteria, the notice requirements that trip up small employers, and how paternity leave fits alongside Shared Parental Leave.
Key takeaways
- Fathers and partners can take 1 or 2 weeks of statutory paternity leave, under section 80FA of the Employment Rights Act 1996.
- Statutory Paternity Pay (SPP) is the flat rate of £184.03 per week (or 90% of average weekly earnings if lower) in 2025/26.
- Eligibility requires 26 weeks of continuous employment ending with the 15th week before the expected week of childbirth.
- Employees must give notice by the 15th week before the expected week of birth, confirming the birth week and duration of leave.
- The leave must be taken within 52 days of the birth or placement for adoption.
- Paternity leave runs alongside — not instead of — Shared Parental Leave, which gives parents up to 50 weeks to share.
The statutory entitlement
Section 80FA of the Employment Rights Act 1996 grants a qualifying employee the right to be absent from work for a period of 1 week or 2 consecutive weeks in connection with the birth of a child. The leave is a day-one right for eligibility — the employee does not need a qualifying period of service to take the leave itself, though the pay requires earnings thresholds.
Key rules:
- The leave must be taken within 52 days of the child’s actual or expected date of birth.
- Employees cannot start leave before the birth — the earliest start is the date of birth itself.
- The two weeks must be taken together. Employees cannot split them into non-consecutive blocks.
- Once the start date or duration is confirmed, changes are at the employer’s discretion.
For adopted children, equivalent rules apply under sections 80FB–80FI, but the entitlement in practice is more commonly accessed through Shared Parental Leave in adoption cases.
Statutory Paternity Pay (SPP)
SPP is paid through payroll for the duration of the paternity leave taken. For the 2025/26 tax year, the rate is:
| Component | Detail |
|---|---|
| Weekly rate | £184.03 (or 90% of average weekly earnings, if lower) |
| Duration | 1 or 2 weeks, matching the leave taken |
| Lower Earnings Limit | Same threshold as SMP (£123/week) |
| Employer recovery | 100% of SPP from HMRC for most employers |
The recovery mechanism is important for cash flow. Employers with fewer than 50 employees in the previous tax year can claim 100% of statutory paternity pay from HMRC through the Business Payment Support Service. Larger employers deduct SPP from their PAYE/NI contributions.
SPP is subject to income tax and employee NICs in the normal way — it is not a flat cash payment to the employee, it is pay processed through the payroll system.
Eligibility criteria
To qualify for statutory paternity leave, the employee must meet three conditions:
- 26 weeks of continuous employment ending with the 15th week before the expected week of childbirth (the “qualifying week”).
- Average weekly earnings at or above the Lower Earnings Limit (£123/week for 2025/26) across the 8-week qualifying period.
- The employee must be the father, the mother’s husband or civil partner, or a partner living with the mother (in a relationship that is not living apart under a court order or by agreement).
For adoption, the qualifying conditions are similar but measured against the expected placement date rather than the expected week of birth.
Employees who do not meet the earnings threshold cannot receive SPP, though they may still have a contractual right to paternity leave and pay. Check the employment contract.
Notice requirements
The notification window is where small employers most commonly stumble. The employee must notify you by the end of the 15th week before the expected week of childbirth. The notice must include:
- The expected week of childbirth.
- Whether the employee intends to take 1 or 2 weeks.
- The date the leave should start (which must be within 52 days of the birth).
If the child arrives early, the employee must notify you as soon as reasonably practicable. For adoptions, the notice period is 7 days after the child is placed with the family.
The employer cannot unreasonably refuse a paternity leave request, but can request medical evidence of the pregnancy to confirm the expected week of childbirth.
How paternity leave fits with Shared Parental Leave
Paternity leave and Shared Parental Leave (ShPL) serve different purposes and cannot overlap. Paternity leave is a short, fixed entitlement taken around the birth. Shared Parental Leave gives parents up to 50 weeks to share between them, taken in blocks of at least 1 week.
| Feature | Paternity leave | Shared Parental Leave |
|---|---|---|
| Duration | 1 or 2 weeks | Up to 50 weeks (shared) |
| Pay | £184.03/week (SPP) | £184.03/week (ShPP) |
| When taken | Within 52 days of birth | From 1 week after birth |
| Can it overlap? | No | No — but consecutive blocks are allowed |
| Notice | 15 weeks before EWC | 8 weeks before first block |
Parents can take paternity leave first and then move to Shared Parental Leave if they wish. The paternity entitlement does not reduce the Shared Parental Leave pool.
Employer obligations
UK employers managing paternity leave have six core duties:
- Process SPP through payroll at the correct rate and recover from HMRC where eligible.
- Respond to paternity leave notices within a reasonable time, and confirm the leave dates with the employee.
- Track the 52-day window for leave commencement — once that window closes, the right to paternity leave lapses.
- Maintain employment terms during the leave period — holiday accrual, pension contributions, and other terms continue.
- Protect against detriment or dismissal for taking or seeking to take paternity leave, under sections 80F and 104.
- Coordinate with Shared Parental Leave if the employee transitions between the two entitlements.
Worked example
James has been with his employer for 3 years. His partner’s expected week of childbirth is the week of 14 September 2026. The qualifying week is the week containing 14 June 2026 (15 weeks before).
James must give notice by the end of 14 June 2026, confirming he wants to take 2 weeks starting on 14 September 2026.
His average weekly earnings are £520 — well above the LEL. He receives SPP at the flat rate of £184.03 per week for 2 weeks = £368.06. His employer deducts tax and NICs and claims the full £368.06 back from HMRC.
James’s annual leave continues to accrue during his 2 weeks of paternity leave. He cannot be treated unfavourably for having taken the leave.
Common pitfalls
1. Missing the notice deadline
If the employee fails to notify by the end of the 15th week before the EWC, the employer is not obligated to grant leave. However, for good-faith mistakes or early births, a pragmatic approach avoids tribunal risk.
2. Confusing paternity and Shared Parental Leave
They are separate entitlements with separate rules. Paternity leave is fixed, short, and taken around the birth. Shared Parental Leave is flexible, long, and shared between parents.
3. Treating paternity leave as “time off for dependants”
Some employers incorrectly classify paternity leave under the general dependant leave provisions. It is a distinct statutory right with its own pay and notice rules.
4. Not recovering SPP from HMRC
Small employers in particular miss the 100% recovery, leaving money on the table.
For more UK context, see our guide to maternity and paternity leave in the UK, the overview of types of leave, and our guide to absence management.
Frequently asked questions
How many weeks of paternity leave can you take in the UK?
You can take 1 or 2 consecutive weeks. There is no option to take less than a full week or to take the two weeks separately.
When does paternity leave start?
The earliest possible start date is the date of birth of the child. Paternity leave cannot begin before the birth. The leave must be taken within 52 days of the birth or expected date of birth.
Can an employer refuse paternity leave?
An employer cannot unreasonably refuse a qualifying request, but the statutory right has narrow scope. If the employee does not meet the eligibility criteria — for example, insufficient continuous employment or below the earnings threshold — they may not have a statutory right, though contractual rights may still apply.
Is paternity leave the same as Shared Parental Leave?
No. Paternity leave is a short, fixed entitlement for the father or partner taken around the birth. Shared Parental Leave is a longer, flexible entitlement (up to 50 weeks) that both parents can share. They can be taken consecutively but not simultaneously.
Do employees accrue annual leave during paternity leave?
Yes. Paternity leave is treated as a period of employment — holiday accrues at the usual rate, and the employee’s statutory holiday entitlement is unaffected.
Tracking paternity leave alongside Shared Parental Leave, KIT days, and maternity leave across payroll and HR systems is where the complexity lives. A leave management system that handles statutory calculations, notice tracking, and HMRC recovery in one place keeps you compliant without the admin burden.
Sources
- GOV.UK — Paternity leave and pay (primary source)
- Employment Rights Act 1996, section 80FA
- GOV.UK — Shared Parental Leave and Pay
- HMRC — Statutory Paternity Pay
Last updated: 26 July 2026. This article is general guidance, not legal advice. SPP rates and LEL thresholds change annually — confirm current figures with GOV.UK and check the applicable collective bargaining agreement.