In the United Kingdom, eligible employees can take up to two weeks of statutory paternity leave when a child is born or placed for adoption. Paternity leave is separate from shared parental leave and is designed to allow fathers and partners time off to care for the new baby and support the mother.

Statutory entitlement

Up to two weeks of paid paternity leave. Statutory Paternity Pay (SPP) is the lower of £184.03 per week (2025/26 rate) or 90% of average weekly earnings.

Eligibility

Employees must have 26 weeks of continuous service by the 15th week before the expected week of childbirth. They must be the biological father, the mother's partner, or the adopter's partner. Must give proper notice to the employer.

Employer obligations

  • Allow eligible employees up to two weeks of paternity leave within 56 weeks of the birth or adoption placement.
  • Pay Statutory Paternity Pay at the statutory rate if the employee meets earnings thresholds.
  • Maintain all employment terms (except remuneration) during paternity leave.
  • Allow the employee to return to the same job after paternity leave.
  • Accept paternity leave notice — employees must declare entitlement by the end of the 15th week before the due date (or as soon as reasonably practicable for adoption).

Employee rights

  • Right to two weeks of paid paternity leave, regardless of length of service for the leave itself (though SPP requires 26 weeks' service).
  • Right to return to the same job with the same terms and conditions.
  • Right not to be subjected to a detriment or dismissed for taking paternity leave.
  • Right to accrue holiday entitlement during paternity leave.

Common pitfalls

  • Confusing paternity leave (two weeks) with shared parental leave (up to 50 weeks shared with the mother). These are entirely different entitlements.
  • Failing to pay SPP correctly — the weekly rate is fixed; employers must use the current rate, not an outdated figure.
  • Denying paternity leave to eligible employees — the entitlement applies to employees, not just 'fathers' in the traditional sense.
  • Not keeping proper records of paternity leave declarations (SC3 form or equivalent).

How much paternity leave can you take?

Eligible employees can take either one week or two consecutive weeks of paternity leave. The leave must be taken in a single block — it cannot be split into individual days, although employers may offer more generous contractual arrangements.

When must paternity leave be taken?

Paternity leave must start on the date of birth (or the day after) or on a predetermined date from the day after birth. For adoptions, it starts on the date of placement. Leave must be taken within 56 weeks of the birth or placement.

Statutory Paternity Pay rates

For the 2025/26 tax year, SPP is £184.03 per week or 90% of average weekly earnings, whichever is lower. Employers can recover most or all of SPP payments through HMRC small employer relief.

Self-employed partners

Self-employed fathers or partners are not eligible for statutory paternity leave or pay. However, they may be eligible for Maternity Allowance or other benefits.

Frequently asked questions

Can paternity leave be split into separate days?

Statutory paternity leave must be taken in a single block of one or two consecutive weeks. Employers may offer more flexible contractual arrangements, but the statutory minimum is a continuous block.

What is the difference between paternity leave and shared parental leave?

Paternity leave gives fathers and partners two weeks off immediately after birth or adoption. Shared parental leave allows parents to share up to 50 weeks of leave and 37 weeks of pay. SPL requires the mother to curtail her maternity leave first.

Are agency workers entitled to paternity leave?

Agency workers are not entitled to statutory paternity leave or SPP unless they have a contract of employment with the agency. However, they may have contractual entitlements depending on their arrangement.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.