Paternity leave gives eligible employees time off around the birth or adoption of a child. While the entitlement is more modest than maternity leave, it is a statutory right that employers must respect — and recent reforms have made the rules more flexible.
Eligibility
To qualify for statutory paternity leave, the employee must:
- Have 26 weeks' continuous service by the 15th week before the expected week of childbirth
- Be the biological father, the mother's partner, or the intended parent in a surrogacy arrangement
- Have responsibility for the child's upbringing
- Give the correct notice (by the 15th week before the due date)
Leave Entitlement
- Up to 2 weeks' leave
- Since April 2024, leave can be taken as two separate one-week blocks (previously had to be taken as one block)
- Leave must be taken within 56 days of the birth (or placement for adoption)
- Notice requirements have been reduced — employees can now give 28 days' notice for each week of leave
Statutory Paternity Pay (SPP)
SPP is paid at the flat statutory rate (or 90% of average weekly earnings if lower) for up to 2 weeks. The employee must earn at or above the LEL to qualify.
Like SMP, employers can recover 92% of SPP (or 103% with Small Employers' Relief).
Enhanced Paternity Pay
Some employers offer enhanced paternity pay above the statutory rate. This can be an important recruitment and retention tool. If offered, it should be documented in the employment contract or employee handbook.
Other Options
- Shared Parental Leave — allows parents to share up to 50 weeks of leave and 37 weeks of pay between them
- Unpaid parental leave — up to 18 weeks per child (up to 4 weeks per year)
- Annual leave — can be taken alongside or instead of paternity leave
Protection from Detriment
Employees must not be subjected to any detriment or dismissed for taking or seeking to take paternity leave. Any such dismissal is automatically unfair.
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