Paternity Leave UK: Rules, Pay & Eligibility (2026 Guide)

Employers in the UK must understand the legal framework governing paternity leave to ensure compliance with employment law while supporting employees during the arrival of a new child. Paternity leave provides eligible employees with time away from work following the birth or adoption of a child, allowing them to care for the child and support their partner or family.

The statutory rules surrounding paternity leave in the UK have evolved over time, particularly with reforms introduced in April 2024 that increased flexibility around how leave can be taken. Employers therefore need to ensure their policies, HR processes and payroll arrangements reflect the current legal requirements.

Failing to comply with paternity leave rules can expose employers to legal risk, including claims for detriment, discrimination or automatically unfair dismissal. Conversely, employers who manage paternity leave effectively can support employee wellbeing, maintain positive workplace culture and reduce disputes.

What this article is about

This guide explains how paternity leave works in the UK, including eligibility requirements, how long paternity leave lasts, statutory paternity pay, notice requirements and employee rights during leave. The article is written primarily for UK employers, HR professionals and managers responsible for administering family-related leave and ensuring compliance with UK employment law.

Section A: What Is Paternity Leave in the UK?

 
Paternity leave is a statutory employment right that allows eligible employees to take time off work following the birth or adoption of a child. The purpose of paternity leave is to allow the father or partner or intended parent to care for the child and support the mother or primary adopter during the early stages of parenthood.

In the UK, paternity leave rights are primarily governed by the Employment Rights Act 1996 and the Paternity and Adoption Leave Regulations 2002, alongside statutory pay provisions administered through HM Revenue & Customs.

Paternity leave is separate from maternity leave, adoption leave and shared parental leave, although these rights may interact where parents choose to share childcare responsibilities during the first year after the child’s birth or placement.

For employers, understanding the scope of paternity leave rights is essential to ensure that employees who meet the eligibility requirements are able to take leave and receive statutory pay where applicable.

1. Definition of paternity leave under UK law

 
Statutory paternity leave allows eligible employees to take up to two weeks off work following the birth or adoption of a child.

The leave is designed to enable the employee to care for the child, support the child’s mother or the primary adopter, and assist with the transition into family life after the birth or placement of a child.

Following legislative changes introduced in April 2024, employees now have greater flexibility in how paternity leave can be taken. Eligible employees can take one week of leave, or two weeks of leave together, or two separate one-week blocks of leave.

Paternity leave must be taken within 52 weeks of the child’s birth or adoption placement.

These changes were introduced to allow families greater flexibility in planning childcare and support arrangements during the first year following a child’s arrival.
 

2. Who can take paternity leave?

 
Paternity leave is not limited solely to biological fathers. The entitlement extends to a range of individuals who have responsibility for caring for the child.

An employee may be eligible for paternity leave if they are the child’s biological father, or the partner of the child’s mother, or the spouse, civil partner or partner of the child’s adopter, or an intended parent in a surrogacy arrangement who expects to obtain a parental order, or the partner of the primary adopter in an adoption placement.

To qualify, the employee must have responsibility for the upbringing of the child and must take the leave specifically to care for the child or support the child’s mother or primary adopter.

These provisions ensure that paternity leave rights apply equally to families with different structures, including same-sex couples, adoptive parents and parents involved in surrogacy arrangements.

3. What is statutory paternity leave UK?

 
Statutory paternity leave refers to the minimum entitlement that employers must provide under UK employment law.

The statutory entitlement consists of up to two weeks of paternity leave, and Statutory Paternity Pay (SPP) where the employee meets the eligibility criteria.

While employers must provide the statutory minimum, some organisations choose to offer enhanced or contractual paternity leave as part of their family-friendly policies. These schemes may provide longer periods of leave or higher levels of pay than the statutory requirements.

Where enhanced paternity benefits are offered, the terms should be clearly set out in the organisation’s paternity leave policy or family leave policy, ensuring employees understand their entitlements and the procedures for requesting leave.

 
Section A Summary

Paternity leave is a statutory employment right that allows eligible employees to take time off work following the birth or adoption of a child. In the UK, employees can take up to two weeks of statutory paternity leave, which may now be taken as one block or as two separate weeks within the first year after the child’s birth or placement. The entitlement applies not only to biological fathers but also to partners, adoptive parents and intended parents in surrogacy arrangements, provided they meet the eligibility criteria and take the leave to care for the child or support the child’s primary carer.
 

Section B: How Long Is Paternity Leave UK?

 
One of the most common questions asked by employees and employers is how long paternity leave lasts in the UK. The statutory entitlement is relatively short compared with maternity leave or shared parental leave, but recent legislative reforms have made the system more flexible for families.

Under UK employment law, eligible employees are entitled to up to two weeks of statutory paternity leave following the birth or adoption of a child. The leave must be taken specifically to care for the child or support the child’s mother or the primary adopter.

Since 6 April 2024, employees have more flexibility in how this leave can be taken. Previously, the two-week entitlement had to be taken in a single block within a short period after the birth. The law now allows paternity leave to be taken at different points during the first year after the child arrives. For context on the change, see changes to UK paternity leave rights from April 2024.

For employers, this change means that HR teams may receive requests for paternity leave that are split across two separate weeks, which requires careful planning and clear internal policies to ensure consistent handling of requests.

1. Statutory length of paternity leave

 
The statutory entitlement to paternity leave in the UK is a maximum of two weeks.

Eligible employees can choose to take one week of paternity leave, or two weeks of paternity leave.

A week of paternity leave must be taken as a full week, corresponding with the employee’s normal working pattern. For example, if an employee normally works five days per week, one week of paternity leave will normally cover five working days.

Employees cannot take paternity leave as individual days or partial weeks.

Employers may offer more generous leave arrangements through contractual policies, but the statutory entitlement remains limited to two weeks unless the employer chooses to enhance it.

2. Can paternity leave be split?

 
Legislative changes introduced in April 2024 allow paternity leave to be taken in a more flexible way than previously permitted.

Employees can now choose to take two weeks together, or two separate one-week blocks.

For example, an employee may choose to take one week immediately after the birth, and another week several months later.

This flexibility allows parents to plan leave around the needs of the family, such as providing additional support when the partner returns to work or when childcare arrangements change.

Employers should ensure that internal policies reflect this change, as older policies may still incorrectly state that paternity leave must be taken in one continuous period. Background on the policy development is also covered in draft paternity leave regulations.

3. When can paternity leave be taken?

 
Paternity leave must be taken within 52 weeks of the child’s birth or adoption placement.

This means that employees can choose to take their leave at any point during the child’s first year, provided they meet the eligibility requirements and give the correct notice.

For births, the leave period runs from the date of the child’s birth. For adoptions, the 52-week period begins from the date the child is placed with the adoptive parent.

This extended window allows families to schedule leave in a way that best supports childcare responsibilities and family needs.

4. Can paternity leave start before the birth?

 
Statutory paternity leave cannot begin before the child is born or before the child is placed for adoption.

However, employees may take other forms of leave prior to the birth if agreed with the employer. These may include annual leave, unpaid leave, or time off for dependants in emergency situations.

Many employees choose to begin their paternity leave on the day of the birth, the day after the birth, or on a specified date shortly after the birth, depending on the arrangements agreed with their employer.

Because the exact date of birth is not always predictable, employers often need to accommodate a degree of flexibility when scheduling the start of paternity leave.

 
Section B Summary

In the UK, eligible employees are entitled to up to two weeks of statutory paternity leave following the birth or adoption of a child. Since April 2024, employees can take the leave either as two consecutive weeks or as two separate one-week blocks, provided the leave is taken within 52 weeks of the child’s birth or placement. Paternity leave cannot begin before the child is born, although employees may use other types of leave before the birth if agreed with the employer.
 

Section C: Paternity Leave Pay UK

 
In addition to the right to take time off work, eligible employees may also receive statutory pay during their period of paternity leave. This payment is known as Statutory Paternity Pay (SPP).

Statutory Paternity Pay is administered through the employer’s payroll system but is funded largely by the government. Employers pay the employee through payroll and then recover most or all of the statutory payment through HMRC.

For employers, understanding how statutory pay works is important not only for payroll compliance but also for workforce planning and employee expectations. Statutory rates are reviewed annually and may change each tax year. Employers should therefore ensure that payroll systems reflect the most recent statutory rates, which are typically updated alongside other statutory family-related payments. For further context see statutory pay rate updates from April 2024.

1. How much is statutory paternity pay?

 
Employees who qualify for Statutory Paternity Pay are entitled to receive the statutory weekly rate set by the government for the relevant tax year, or 90% of the employee’s average weekly earnings if this is lower.

Statutory pay is calculated based on the employee’s average weekly earnings during the relevant pay period before the qualifying week.

Employers are responsible for calculating Statutory Paternity Pay and paying it through their payroll in the same way as other statutory payments such as statutory maternity pay.

In many organisations, the statutory rate may be significantly lower than the employee’s usual earnings. As a result, some employers choose to provide enhanced paternity pay schemes that offer higher levels of income during the leave period.

2. Eligibility requirements for statutory paternity pay

 
Not all employees who take paternity leave automatically qualify for Statutory Paternity Pay. To be eligible, employees must satisfy specific legal requirements.

An employee must have at least 26 weeks of continuous employment with the same employer by the end of the fifteenth week before the expected week of childbirth, known as the qualifying week.

In addition, the employee must earn at least the Lower Earnings Limit for National Insurance contributions during the relevant earnings period.

The employee must also continue to be employed by the same employer up to the date the child is born or the adoption placement occurs.

If these conditions are met, the employee may receive Statutory Paternity Pay for up to two weeks during their period of paternity leave.

3. Employer recovery of statutory payments

 
Although employers initially pay Statutory Paternity Pay through payroll, most of the cost can be recovered from HMRC.

In most cases, employers can reclaim 92% of statutory paternity payments. Small employers may be able to reclaim a higher percentage under the Small Employers’ Relief scheme.

This system is designed to ensure that statutory family-related payments do not impose a significant financial burden on employers while still providing income support to employees during periods of family leave.

Employers typically reclaim statutory payments through their regular PAYE submissions to HMRC.

4. Enhanced paternity pay policies

 
Some employers choose to offer enhanced paternity pay as part of their family-friendly employment policies.

Enhanced policies may provide full pay for a period of leave, extend the length of paid leave, or supplement statutory payments.

Where enhanced benefits are offered, the terms should be clearly documented within the organisation’s policies and may also be referenced within the employee’s employment contract.

Providing enhanced paternity benefits can help employers attract and retain talent while demonstrating a commitment to family-friendly workplace practices.

 
Section C Summary

Employees who qualify for Statutory Paternity Pay can receive the statutory weekly rate set by the government for the relevant tax year, or 90% of their average weekly earnings if this is lower. Employers administer statutory pay through payroll and can recover most of the cost from HMRC. Some organisations choose to provide enhanced paternity pay schemes, offering greater financial support to employees during their period of paternity leave.
 

Section D: Who Is Entitled to Paternity Leave UK?

 
Not all workers automatically qualify for statutory paternity leave. UK employment law sets out specific eligibility criteria that employees must meet in order to take statutory paternity leave and receive Statutory Paternity Pay.

Understanding these eligibility rules is important for employers, as incorrect decisions about entitlement can lead to workplace disputes or employment tribunal claims. HR teams and managers should therefore ensure they understand the legal criteria before approving or refusing requests for paternity leave.

Eligibility rules are designed to ensure that paternity leave is available to employees who have an established employment relationship with the organisation and who have responsibility for caring for the child.

1. Employment status requirement

 
Only employees qualify for statutory paternity leave. Workers, contractors and genuinely self-employed individuals do not have the same statutory entitlement.

This distinction is important because employment status determines the level of legal protection available to individuals in the workplace. Employers should therefore ensure that employment status is correctly defined within the organisation’s types of employment contracts and HR policies.

Agency workers may qualify for paternity leave where they are legally employed by the agency rather than working as independent contractors.

Because employment status disputes can arise in practice, employers should ensure contracts clearly define whether individuals are employees, workers or self-employed contractors.

2. Continuous employment requirement

 
To qualify for statutory paternity leave, an employee must have been continuously employed by the same employer for at least 26 weeks by the end of the fifteenth week before the expected week of childbirth. This point in time is known as the qualifying week.

The continuous employment requirement ensures that the entitlement applies to employees who have an established relationship with their employer rather than individuals who have only recently started work.

Continuous employment includes periods of authorised absence such as sickness absence, maternity leave or annual leave.

If the employee does not meet the 26-week qualifying service requirement, they will not be entitled to statutory paternity leave, although the employer may still choose to grant discretionary leave.

3. Relationship with the child

 
The employee must have a qualifying relationship with the child in order to take paternity leave.

Eligible individuals may include the biological father of the child, the partner of the child’s mother, the spouse, civil partner or partner of the child’s adopter, or an intended parent in a surrogacy arrangement who expects to obtain a parental order.

The employee must also have responsibility for the upbringing of the child.

This requirement ensures that paternity leave is taken for genuine childcare and family support purposes rather than for unrelated reasons.

4. Purpose of the leave

 
To qualify for paternity leave, the employee must take the leave specifically to care for the child or support the child’s mother or the primary adopter.

Employees cannot take paternity leave for unrelated purposes such as travel, personal projects or other non-family activities.

Employers are generally entitled to request a declaration confirming that the employee meets the eligibility requirements and intends to use the leave for the purpose of caring for the child or supporting the partner.

 
Section D Summary

Statutory paternity leave in the UK is available only to employees who meet specific eligibility requirements. Employees must have at least 26 weeks of continuous employment by the qualifying week, have a qualifying relationship with the child and take the leave to care for the child or support the child’s mother or primary adopter. Employers should ensure that eligibility criteria are applied consistently to avoid disputes and ensure compliance with UK employment law.
 

Section E: Notice Requirements for Paternity Leave

 
Employees who wish to take statutory paternity leave must provide notice to their employer in accordance with the rules set out in the Paternity and Adoption Leave Regulations 2002. These notice requirements allow employers to plan staffing arrangements and ensure payroll systems are prepared to administer Statutory Paternity Pay where applicable.

For employers, it is important that HR policies clearly explain the notice process and that managers understand how requests for paternity leave should be handled. Failure to follow the correct procedures can lead to disputes about entitlement or the timing of leave.

The notice requirements differ slightly depending on whether the leave relates to the birth of a child or the placement of a child for adoption.

1. Notice requirements for birth

 
Where paternity leave relates to the birth of a child, the employee must notify their employer by the end of the fifteenth week before the expected week of childbirth. This point in time is commonly referred to as the qualifying week.

The employee must confirm the expected week of childbirth, the length of paternity leave they intend to take, and the date on which they would like the leave to start.

Employees must normally give at least 28 days’ notice of each period of paternity leave they intend to take. Since paternity leave can now be taken as two separate one-week blocks, employees may need to give notice for each week of leave.

Employers should ensure that HR systems and policies are able to accommodate this flexibility in scheduling leave.

2. Notice requirements for adoption

 
Where paternity leave relates to adoption, the employee must notify the employer within seven days of being matched with a child for adoption.

The employee must confirm the date on which the child is expected to be placed with the adopter, the amount of paternity leave they intend to take, and the proposed start date for the leave.

Employees must also give at least 28 days’ notice of the dates on which they intend to take paternity leave, unless it is not reasonably practicable to do so.

3. Changing paternity leave dates

 
Employees may change the dates on which they intend to take paternity leave if circumstances change.

For example, if the child is born earlier or later than expected, the employee may need to adjust the timing of their leave.

Where possible, employees should provide at least 28 days’ notice of the revised dates. However, employers are generally expected to act reasonably and accommodate changes where advance notice is not possible due to the unpredictable timing of childbirth.

Clear communication between employees and managers can help ensure that paternity leave arrangements are handled smoothly.

4. Employer record-keeping obligations

 
Employers must keep appropriate records relating to statutory paternity leave and statutory paternity pay.

These records may include the employee’s declaration of eligibility, the dates of paternity leave taken, and details of Statutory Paternity Pay paid through payroll.

Maintaining accurate records is important not only for internal HR administration but also for compliance with HMRC requirements relating to statutory payments.

 
Section E Summary

Employees must provide notice to their employer in order to take paternity leave. For births, notice must usually be given by the fifteenth week before the expected week of childbirth, while adoption-related leave must be notified within seven days of a matching decision. Employees must normally give at least 28 days’ notice of each period of leave they intend to take, although employers should remain flexible where changes occur due to the timing of childbirth.
 

Section F: Employee Rights During Paternity Leave

 
Employees who take statutory paternity leave benefit from a number of legal protections under UK employment law. These protections are designed to ensure that employees are not disadvantaged or treated unfairly because they have taken or requested paternity leave.

The relevant protections arise primarily under the Employment Rights Act 1996 and the Equality Act 2010. Employers must ensure that employees are treated fairly before, during and after paternity leave, and that workplace decisions relating to pay, promotion, redundancy or dismissal are not influenced by the employee’s use of family-related leave.

For HR professionals and managers, understanding these protections is essential to reduce the risk of employment disputes and tribunal claims.

1. Protection from detriment

 
Employees must not suffer any detriment because they have taken or sought to take paternity leave.

A detriment could include being denied promotion opportunities, being excluded from training or development, receiving negative treatment from managers, or being subject to disciplinary action because they requested paternity leave.

If an employer treats an employee unfavourably for exercising their statutory right to paternity leave, the employee may bring a claim in the employment tribunal.

Such treatment may also overlap with wider claims relating to employment discrimination, particularly where family responsibilities are treated differently within the workplace.

2. Protection from dismissal

 
Employees are protected from dismissal if the reason for the dismissal is connected with their paternity leave.

Where an employee is dismissed for taking or requesting paternity leave, the dismissal may be classified as automatically unfair dismissal. Unlike ordinary unfair dismissal claims, employees bringing an automatically unfair dismissal claim in these circumstances do not need to have two years of continuous service.

This protection is intended to ensure that employees can exercise their statutory rights without fear of losing their job.

Employers should therefore ensure that dismissal decisions are based on legitimate business reasons that are clearly documented and unrelated to family-related leave.

3. Protection from discrimination

 
Employees must not be treated less favourably because they have taken paternity leave or because they have responsibilities relating to the care of a child.

In some circumstances, unfavourable treatment linked to family responsibilities may also amount to sex discrimination or direct discrimination under the Equality Act 2010.

For example, if an employer consistently treats male employees who request paternity leave less favourably than other employees, this could give rise to a discrimination claim.

Employers should therefore ensure that workplace policies and management practices treat employees consistently regardless of their parental responsibilities.

4. Contractual rights during leave

 
During paternity leave, employees remain employed and continue to benefit from most of the terms and conditions of their employment.

This means that employees continue to accrue statutory holiday entitlement during paternity leave. Employees also remain entitled to contractual benefits that are not directly linked to the performance of work.

Employers should therefore ensure that paternity leave does not affect the employee’s length of service or entitlement to benefits.

In the event that organisational changes occur while an employee is on leave, such as restructuring or redundancy, employers must ensure that employees on leave are kept informed and treated fairly.

 
Section F Summary

Employees who take paternity leave are protected by UK employment law from detriment, dismissal and discrimination. Employers must ensure that employees are not disadvantaged for exercising their right to paternity leave and that contractual rights such as holiday entitlement continue during the leave period. Failure to respect these protections may expose employers to claims in the employment tribunal.
 

Section G: Special Circumstances and Paternity Leave

 
While statutory paternity leave generally follows the birth or adoption of a child, certain circumstances can affect how the entitlement operates in practice. Employers should understand how paternity leave interacts with situations such as stillbirth, parental bereavement, multiple births and surrogacy arrangements.

Handling these situations appropriately requires sensitivity as well as legal compliance. HR policies should therefore address these scenarios clearly to ensure employees receive the support and leave entitlements they are legally entitled to.

1. Paternity leave following stillbirth

 
If a child is stillborn after 24 weeks of pregnancy, the employee remains entitled to take statutory paternity leave.

In these circumstances the employee may also be entitled to take parental bereavement leave, which provides additional time off for parents following the death of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy.

Employers should ensure that policies dealing with family leave and bereavement are aligned so that employees understand the options available to them in these difficult circumstances.

2. Multiple births

 
Where twins, triplets or other multiple births occur, the statutory entitlement to paternity leave does not increase.

The entitlement applies per pregnancy rather than per child, meaning that the employee remains entitled to a maximum of two weeks of statutory paternity leave.

However, employers may choose to offer enhanced contractual arrangements that provide additional time off where multiple births occur.

3. Surrogacy arrangements

 
Employees involved in surrogacy arrangements may qualify for paternity leave if they meet the statutory eligibility criteria.

An intended parent who expects to obtain a parental order may qualify for paternity leave if they meet the service and relationship requirements and intend to take the leave to care for the child.

The partner of the intended parent may also qualify for paternity leave in certain circumstances.

Surrogacy arrangements can involve complex legal issues relating to parental responsibility, so employers should ensure HR policies are flexible enough to deal with these cases appropriately.

4. Adoption and paternity leave

 
Where a child is placed for adoption, the partner of the primary adopter may be entitled to statutory paternity leave.

The employee must meet the same eligibility requirements that apply in birth cases, including the continuous employment requirement and the requirement to take the leave to support the adopter and care for the child.

The notice requirements for adoption differ slightly from birth cases, as employees must normally notify their employer within seven days of being matched with a child for adoption.

 
Section G Summary

Paternity leave may apply in a range of special circumstances, including stillbirth, adoption, surrogacy and multiple births. In most cases the statutory entitlement remains limited to two weeks of leave, although additional rights such as parental bereavement leave may apply in certain situations. Employers should ensure their HR policies address these circumstances clearly so that employees receive appropriate support and statutory entitlements.
 

Section H: Paternity Leave and Shared Parental Leave

 
In addition to statutory paternity leave, UK employment law also provides parents with the option of Shared Parental Leave (SPL). Shared parental leave allows eligible parents to share responsibility for caring for a child during the first year following birth or adoption.

While paternity leave provides a relatively short period of leave, shared parental leave allows parents to divide a longer period of leave between them. This system is designed to give families greater flexibility when deciding how childcare responsibilities will be shared during the child’s first year.

For employers, understanding the relationship between paternity leave and shared parental leave is important because employees may choose to take both types of leave at different points.

1. What is shared parental leave?

 
Shared parental leave 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.

The system 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 that can be used by either parent.

Parents can choose to take shared parental leave at the same time or at different times during the child’s first year.

Employees who wish to explore this option should be aware of the rules governing shared parental leave, which involve more complex notice and eligibility requirements than standard paternity leave.

2. Eligibility requirements for shared parental leave

 
In order to qualify for shared parental leave, both parents must meet certain eligibility requirements.

The employee requesting shared parental leave must have at least 26 weeks of continuous employment with their employer by the qualifying week and must remain employed until the week before the leave begins.

The employee’s partner must also satisfy the partner employment and earnings test under the Shared Parental Leave Regulations. In general terms, this requires the partner to have worked for at least 26 weeks during the 66 weeks before the expected week of childbirth and to have earned a minimum level of income during that period.

Because the eligibility rules are more complex than those that apply to paternity leave, employers often provide guidance through HR policies or refer employees to relevant resources such as ACAS shared parental leave guidance.

3. How paternity leave and shared parental leave work together

 
Employees may take statutory paternity leave before choosing to take shared parental leave.

For example, an employee may take one or two weeks of paternity leave immediately after the birth of the child and later take shared parental leave once the mother or primary adopter has chosen to curtail their maternity or adoption leave.

Because these leave types can interact in different ways, employers should ensure that HR policies explain clearly how employees can request each type of leave and how the notice requirements apply.

Providing clear guidance helps employees understand their options and reduces the risk of misunderstandings about entitlement.

 
Section H Summary

Paternity leave provides up to two weeks of statutory leave following the birth or adoption of a child, while shared parental leave allows parents to share a longer period of leave during the child’s first year. Employees may choose to take paternity leave first and later request shared parental leave, provided they meet the relevant eligibility requirements and follow the correct notice procedures.
 

Section I: Employer Responsibilities for Managing Paternity Leave

 
Employers play an important role in ensuring that paternity leave is administered correctly and in accordance with UK employment law. Clear internal policies, effective HR procedures and informed managers can help organisations handle requests for paternity leave smoothly while reducing the risk of disputes.

Employers should also ensure that paternity leave policies sit alongside wider workplace policies, including those dealing with family leave, equality and workplace rights. These policies often form part of the employee’s employment contract or employee handbook.

A consistent and transparent approach to managing paternity leave helps organisations maintain compliance with employment law while supporting employees during significant life events.

1. Creating a clear paternity leave policy

 
A written paternity leave policy helps ensure that employees understand their entitlements and the procedures for requesting leave.

The policy should clearly explain eligibility requirements, notice requirements, statutory pay rules and the process for requesting leave. It should also explain whether the organisation provides enhanced paternity leave or enhanced pay beyond the statutory minimum.

Policies should be regularly reviewed to ensure they reflect current legislation, particularly following changes such as the reforms to paternity leave rules introduced in April 2024.

Providing clear written guidance reduces confusion and helps ensure that requests for paternity leave are handled consistently across the organisation.

2. Training managers and HR teams

 
Managers are often the first point of contact for employees requesting paternity leave. It is therefore important that managers understand the organisation’s policies and the legal framework surrounding paternity leave.

Training should cover eligibility criteria, notice requirements and employee protections under employment law.

Managers should also understand the potential legal risks associated with mishandling paternity leave requests, including claims relating to employment discrimination or unfair treatment.

Well-trained managers are better equipped to respond to requests appropriately and provide accurate information to employees.

3. Payroll and statutory pay administration

 
Employers are responsible for administering Statutory Paternity Pay through their payroll systems.

This includes calculating statutory payments, ensuring that payments are made correctly and maintaining accurate records for HMRC purposes.

Payroll teams should ensure that statutory payment rates are updated annually and that systems are capable of processing paternity leave payments alongside other statutory payments.

Accurate payroll administration helps prevent compliance issues and ensures that employees receive the payments they are entitled to.

4. Supporting employees returning from leave

 
Although paternity leave is typically short, employers should still ensure that employees are supported when they return to work.

Employees should return to the same job on the same terms and conditions they had before taking paternity leave. Employers should also ensure that the employee has not missed important workplace communications or changes during their absence.

Maintaining open communication before, during and after paternity leave helps ensure a smooth transition back into the workplace.

 
Section I Summary

Employers should implement clear policies, train managers and ensure payroll systems are prepared to administer statutory paternity pay. A structured approach to managing paternity leave helps organisations comply with employment law while supporting employees during important family events.
 

Paternity Leave FAQs

1. How long is paternity leave in the UK?

 
Eligible employees in the UK can take up to two weeks of statutory paternity leave following the birth or adoption of a child. Since April 2024, the leave may be taken either as two consecutive weeks or as two separate one-week periods, provided the leave is taken within 52 weeks of the child’s birth or placement.
 

2. Is paternity leave paid in the UK?

 
Paternity leave may be paid if the employee qualifies for Statutory Paternity Pay (SPP). Eligible employees receive the statutory weekly rate set by the government for the relevant tax year or 90% of their average weekly earnings, whichever is lower. Some employers provide enhanced paternity pay through internal policies.
 

3. Who is entitled to paternity leave?

 
To qualify for statutory paternity leave, an individual must be an employee, have a qualifying relationship with the child and have been continuously employed by the same employer for at least 26 weeks by the qualifying week. The employee must also be taking the leave to care for the child or support the child’s mother or primary adopter.
 

4. Can paternity leave be split?

 
Yes. Since April 2024, eligible employees can take paternity leave either as two consecutive weeks or as two separate one-week blocks, provided the leave is taken within the first year after the child’s birth or adoption placement.
 

5. How much notice must employees give for paternity leave?

 
For births, employees must normally inform their employer by the end of the fifteenth week before the expected week of childbirth. Employees must also give at least 28 days’ notice of each period of leave they intend to take.
 

6. Can an employer refuse paternity leave?

 
An employer cannot refuse statutory paternity leave if the employee meets the eligibility criteria and provides the correct notice. Refusing paternity leave in these circumstances may expose the employer to legal claims, including claims for detriment or automatically unfair dismissal.
 

7. Can paternity leave be taken after adoption?

 
Yes. The partner of the primary adopter may take paternity leave following the placement of a child for adoption, provided they meet the statutory eligibility requirements.
 

8. Do self-employed fathers get paternity leave?

 
Statutory paternity leave and Statutory Paternity Pay are available only to employees. Self-employed individuals do not have a statutory entitlement to paternity leave, although some may qualify for other forms of government support depending on their circumstances.
 

9. Can employees change their paternity leave dates?

 
Employees may change the dates of their paternity leave if circumstances change. Where possible, employees should normally provide at least 28 days’ notice of any revised dates.
 

Section FAQs Summary

Paternity leave provides eligible employees with up to two weeks of statutory leave following the birth or adoption of a child. The leave may now be taken flexibly within the first year after the child’s arrival, and employees who meet the eligibility criteria may also receive Statutory Paternity Pay. Employers should ensure that requests for paternity leave are handled in accordance with statutory rules and internal policies.
 

Conclusion

 
Paternity leave is an important statutory employment right that enables fathers, partners and intended parents to take time away from work following the birth or adoption of a child. In the UK, eligible employees can take up to two weeks of paternity leave, which may now be taken flexibly within the first year after the child’s arrival.

Employers must ensure that they comply with the statutory rules governing paternity leave, including eligibility requirements, notice procedures and the payment of Statutory Paternity Pay where applicable. Employees who take paternity leave are protected by employment law and must not suffer detriment or dismissal as a result of exercising their rights.

By implementing clear policies and ensuring managers understand the relevant legal obligations, employers can support employees during significant life events while maintaining compliance with UK employment law.
 

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