Expecting a little one soon? Their arrival is worth planning for. Expectant mothers can receive maternity leave once their child is born, but new fathers are also entitled to paternity leave and pay as well. Paternity pay and leave give eligible parents the opportunity to take time away from work while maintaining income and employment protections.
Paternity leave allows fathers to bond with their child in their baby’s first few weeks after birth. For many fathers, statutory paternity leave will be available to support them.
What is statutory paternity pay?
Statutory paternity leave allows eligible fathers or partners to take up to two weeks of leave, either as:
- One continuous two-week period, or
- Two separate one-week blocks, taken at different times.
This is a government funded benefit, and during this time your employment rights will be fully protected.
Additionally, fathers-to-be will also be allowed to accompany their partner to two antenatal appointments.
How much is statutory paternity pay?
Statutory Paternity Pay is paid at £194.32 per week or 90% of your average weekly earnings – whichever is lower.
This rate applies from 6 April 2026 and replaces the previous £156.66 weekly rate.
Your employer may also offer paternity leave, so you might be able to receive additional payment from your employer. However, they cannot pay you any less than the statutory minimum amount.
How long is statutory paternity leave in the UK?
Statutory paternity leave in the UK lasts a max of 2 weeks.
Per the current HMRC guidelines you can take it within the first 52 weeks after your baby arrives, or 52 weeks after adoption. This allows more time to get things sorted compared to the previous 56 day rule.
If you’ve got twins with your partner or surrogate, that’s still a max of 2 weeks.
When does paternity leave start?
While maternity leave can start just before the baby is born, paternity leave must begin when the baby arrives.
Paternity leave must be taken within 52 weeks of the child’s birth (or placement in the case of adoption).
This provides parents with significantly more flexibility than the previous 56-day limit.
If your partner or surrogate has a multiple birth, you won’t be able to get double or triple the amount of time off.
You must let your employer know that you intend to take paternity leave 15 weeks before your baby is due. They must know when your leave will start and how much leave you intend to take.
If you want to change the date you’ll start your leave, you must notify your employer 28 days in advance.
What is the eligibility criteria for statutory paternity pay?
It can be a worry not to know whether you will qualify for statutory paternity pay, but there are a few criteria you must meet in order to receive paternity pay from the government. These criteria are:
- You must be employed
- To qualify for statutory paternity pay, you must earn at least the Lower Earnings Limit, which is expected to be £129 per week from April 2026.
- You must have given the correct amount of notice ( at least 15 weeks)
- Currently, statutory paternity pay still requires a qualifying period. However, under the Employment Rights Bill, statutory paternity leave (not pay) is expected to become a day-one right for employees once implemented.
If you want to get statutory paternity leave, you must also be:
- The father
- The partner or husband of the mother
- Adopting a child
- The intended parent (for example, if you’re having a child via surrogacy)
However, if you’re adopting a child the eligibility requirements are slightly different. The week you matched with your child – or matching week – is important and you need to have been continuously employed by your employer for 26 weeks at this point.
Your employer will need proof of adoption so you can qualify for paternity pay. This can be in the form of a letter from the adoption agency or it can be the matching certificate.
What if you’re self-employed?
Currently, there’s no form of statutory paternity pay for the self-employed. You will also not be eligible for shared parental leave or pay.
However, if your partner is allowed maternity leave – they might be able to reduce this and share it between you as statutory shared parental pay.
However, you may be able to benefit from Statutory Shared Parental Pay if your partner qualifies for maternity pay and chooses to share it.
If an employee does not return to work after paternity leave
If an intended parent does not return to work after their statutory paternity leave, it’s important to understand the implications. Statutory paternity leave and pay are designed to support new parents in balancing their family and work life.
However, if an employee decides not to return, they should inform their employer as soon as possible, following the company’s leave policies. Failure to return without proper notification can affect their employment rights and may lead to the termination of employment but employees do not lose statutory employment protections automatically.
Employers should provide clear information about the terms and conditions related to paternity leave and pay, ensuring employees understand their obligations and the impact of not returning to work post-leave.
What if you’re not eligible for paternity leave?
If you’re ineligible for paternity leave, your employer must inform you within 28 days of your request using an SPP1 form. However, alternatives like unpaid parental leave are available, allowing you to spend time with your family without pay.
You might also consider statutory shared parental pay (ShPP), which offers flexible options for parents to share leave and care responsibilities.
These options ensure that, even without eligibility for paternity leave, you have avenues to balance family and work commitments effectively. It’s important to discuss these alternatives with your employer to understand what’s available to you.
How can you claim paternity leave?
You must claim paternity leave through your employer and you must inform them with enough notice.
You will need to have your leave confirmed by them before you are paid. Your employer may ask for proof, which means that you may have to sign a self-certification form (a SC3 form) which will confirm that you are eligible to take paternity leave and that you are taking this leave to care for your child.
What are the key differences between other forms of parental leave?
There are many different types of parental leave, and it will be offered to different people depending on their circumstances.
Shared parental leave allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay, which must be taken within the child’s first year. This allows for greater flexibility in terms of time off and mothers and fathers can combine their maternity or paternity leave to be off at the same time as well.
Statutory maternity leave can last up to 39 weeks, which is far longer than the two weeks of statutory paternity leave.
Does statutory paternity pay affect your holidays?
Statutory paternity pay won’t affect your holiday entitlement.
While you’re on statutory paternity leave, you still keep racking up holiday days, just like normal, per HMRC and UK employment law. Any leftover holiday time can usually be taken at a later date – but check with your employer to see what their policy is.
Conclusion
Statutory paternity leave and pay can be tricky to navigate, but with our guide you’ll be able to figure out what you’re entitled to and when you should inform your employer that you need to take it. Understanding your paternity pay, UK rights and SPP eligibility helps you plan effectively and meet notice requirements.
If you’re an employer and you want to keep track of your employee’s paternity leave, our payroll software and our HR software will help you pay your employees properly and let you know when they are taking parental leave or shared parental leave.