What is Paternity Leave?
What is Paternity Leave?
Paternity leave is a legal right in the UK that allows eligible fathers and partners to take time off work following the birth or adoption of a child. This right is designed to help you support your partner and bond with your new baby during those important early days.
Who Can Take Paternity Leave?
Paternity leave isn’t just for biological fathers. You may be entitled to paternity leave if you are:
- The baby’s biological father,
- The mother’s husband or partner (including same-sex partners),
- The child’s adopter or the partner of an adopter.
To qualify, you generally need to be an employee (not a worker or self-employed), have worked for your employer for at least 26 weeks by the end of the 15th week before the baby is due, and be taking leave to care for the child or support the mother.
Purpose of Paternity Leave
The main aim of paternity leave is to give you time to care for your new child and support the mother or primary adopter. This period can be crucial for helping your family adjust and ensuring everyone’s wellbeing.
Timing: When Can You Take Paternity Leave?
Paternity leave is usually taken shortly after the birth or adoption of your child. Legally, you must take your leave within 56 days (eight weeks) of the birth or adoption placement. This flexibility allows you to choose the timing that works best for your family, whether that’s immediately after the birth or a little later within the allowed period.
How Can Paternity Leave Be Taken?
You can choose to take either one week or two consecutive weeks of paternity leave. It cannot be taken as odd days or split into two separate weeks. However, you can decide whether to take your leave as a single block of one week or two weeks together. Remember, you need to give your employer adequate notice of when you want your leave to start.
Legal Framework
The right to paternity leave is set out in the Paternity and Adoption Leave Regulations 2002. These regulations outline who is eligible, how much leave can be taken, and the protections you have while on leave.
Further Reading
To understand how paternity leave fits within the wider landscape of parental rights, you may want to explore Your Rights to Maternity, Paternity and Parental Leave in the UK. For a broader legal context on leave entitlements, see the Leave Rights in the UK: Legal Overview.
Paternity leave is just one part of the UK’s commitment to supporting working parents. Knowing your rights can help you make informed decisions for your family and your career.
Who is Eligible for Paternity Leave and Pay?
To qualify for paternity leave and paternity pay in the UK, you must meet certain legal requirements relating to your employment status, your relationship to the child, and the timing of your request. Understanding these criteria will help you plan and make the most of your rights at this important time.
Employment Status and Length of Service
You are eligible for statutory paternity leave if you are an employee (not self-employed or a worker) and have been continuously employed by your employer for at least 26 weeks by the end of the 15th week before the baby is due (or, if adopting, by the end of the week you are matched with a child). This means agency workers and some casual workers may not qualify for paternity leave, though they may still have other rights.
For statutory paternity pay, the same length of service applies. In addition, you must earn at least the lower earnings limit for National Insurance contributions, which is reviewed annually (for the 2023/24 tax year, this is £123 per week).
Relationship to the Child
You do not need to be the biological father to qualify. You may be eligible if you are:
- The baby’s biological father
- The mother’s husband, civil partner, or partner (including same-sex partners)
- The adopter’s spouse, civil partner, or partner
- The intended parent (if having a baby through surrogacy)
You must be taking the leave to care for the child or to support the mother or adopter.
Notifying Your Employer
To take paternity leave and claim paternity pay, you must inform your employer in writing at least 15 weeks before the expected week of childbirth (or within 7 days of being matched with a child for adoption). You should specify:
- The expected date of birth or adoption
- When you want your leave to start
- How long you want the leave to last (either one week or two consecutive weeks)
If you do not give the correct notice, your employer may delay or refuse your leave or pay, so it’s important to communicate clearly and on time.
Further Guidance and Support
For a detailed breakdown of eligibility rules, how to apply, and what to expect, you can visit the official government guidance on Paternity pay and leave: Overview – GOV.UK. This resource includes step-by-step instructions and the latest updates on statutory entitlements.
If you are interested in how paternity leave fits alongside other family-related employment benefits, such as maternity and parental leave, you can read more in our section on Maternity, Paternity, and Parental Leave.
Understanding your rights ensures you can take the time you need to support your family without unnecessary stress. If you have questions about your specific situation, consider speaking to your employer’s HR department or seeking legal advice.
How Much Paternity Leave Can You Take?
How Much Paternity Leave Can You Take?
In the UK, eligible fathers and partners can take up to two weeks of statutory paternity leave. This entitlement is set out under the Employment Rights Act 1996 and the Paternity and Adoption Leave Regulations 2002. It applies whether you are the biological father, the partner of the mother (including same-sex partners), or the adopter’s partner.
How Can You Take Your Paternity Leave?
You have the flexibility to take your paternity leave as either one whole week or two consecutive weeks. Alternatively, since April 2024, you can also choose to split your leave into two separate one-week blocks, if that better suits your family’s needs. However, you cannot take odd days or split the leave into anything less than a full week at a time.
Example
If your baby is born on a Monday, you could choose to take one week off immediately and another week a few weeks later, as long as both weeks fall within the allowed timeframe.
When Must Paternity Leave Be Taken?
Your paternity leave must be taken within 56 days (eight weeks) of the child’s birth (or adoption placement). The earliest you can start your leave is the day the baby is born, but you can also choose to start it any time after the birth, as long as it’s within this 56-day window. If the baby is born early, the 56-day period begins from the actual date of birth.
Protecting Your Job During Paternity Leave
Taking paternity leave does not put your job at risk. By law, your employment rights are protected while you’re on leave. This means you have the right to return to the same job, with the same terms and conditions, once your leave ends. Your employer cannot treat you unfairly or dismiss you because you have taken, or plan to take, paternity leave.
If you’re interested in learning more about how paternity leave fits within the wider framework of workplace benefits for parents, you may find our overview of Maternity, Paternity, and Parental Leave helpful.
Understanding your rights ensures you can take the time you need with your new child, without worrying about your job security or entitlements. If you have questions about eligibility or how to request paternity leave, it’s a good idea to speak with your employer’s HR department or seek further advice.
Paternity Pay: What You Can Expect
Paternity Pay: What You Can Expect
If you’re welcoming a new child, understanding your rights to paternity pay is essential. In the UK, most fathers and partners – including same-sex partners – may qualify for Statutory Paternity Pay (SPP). Here’s what you need to know about how much you can expect to be paid, eligibility criteria, and how to claim your entitlement.
What Is Statutory Paternity Pay?
Statutory Paternity Pay (SPP) is a legal entitlement designed to help eligible employees take time off work following the birth or adoption of a child. SPP is paid by your employer, but you must meet certain conditions to qualify. The rules around SPP are set out in the Employment Rights Act 1996 and associated regulations.
How Much Is Statutory Paternity Pay?
As of the 2024/25 tax year, Statutory Paternity Pay is paid at the lower of £172.48 per week or 90% of your average weekly earnings (before tax). Your employer will make deductions for tax and National Insurance as usual. The rate is reviewed annually, so it’s wise to check the official Paternity pay and leave – GOV.UK page for the most up-to-date figures.
Example:
If your average weekly earnings are £200, you’ll receive £172.48 per week (since this is less than 90% of £200, which is £180). If your average weekly earnings are £150, you’ll receive £135 per week (90% of £150).
Who Qualifies for Paternity Pay?
To qualify for SPP, you must meet the following conditions:
- Employment Status: You must be an employee (not self-employed).
- Earnings: Your average weekly earnings must be at least equal to the lower earnings limit for National Insurance contributions (currently £123 per week).
- Length of Service: You must have been employed by your employer for at least 26 continuous weeks by the end of the 15th week before the baby is due (or by the end of the week you’re matched with a child for adoption).
- Relationship to the Child: You must be the child’s biological father, the mother’s spouse or partner (including same-sex partners), or the adopter’s partner.
- Notice: You must give your employer the correct notice and provide any required evidence.
For a broader understanding of how paternity rights compare with other types of family leave, see Maternity, Paternity, and Parental Leave.
How to Claim Paternity Pay
Claiming SPP involves notifying your employer in writing at least 15 weeks before the baby’s due date (or within 7 days of being matched with a child for adoption). You’ll need to specify:
- The date the baby is due or the date of adoption,
- When you want your leave to start,
- Whether you want to take one or two consecutive weeks of leave.
Employers may ask you to complete a self-certificate form (SC3 for births, SC4 for adoptions), which confirms your eligibility and intended leave dates. For detailed guidance on the claiming process and required paperwork, refer to Paternity pay and leave: Pay – GOV.UK.
Practical Tips and Further Information
- Check Your Contract: Some employers offer enhanced paternity pay, so review your employment contract or staff handbook.
- Other Benefits: If you don’t qualify for SPP, you might still be eligible for other Employee Benefits provided by your employer.
- Stay Informed: Government guidance is updated regularly, so check official sources for the latest information.
Understanding your rights helps you plan for this important time. If you have questions about your specific situation, your employer’s HR department or a legal adviser can provide tailored advice.
How to Apply for Paternity Leave and Pay
How to Apply for Paternity Leave and Pay
Applying for paternity leave and pay in the UK involves a few clear steps to ensure you receive your entitlements smoothly. Here’s what you need to know about the process, including deadlines, documentation, and practical tips for communicating with your employer.
Informing Your Employer: The Notification Process
To qualify for statutory paternity leave and pay, you must let your employer know about your intention to take leave. The law requires you to give your employer at least 15 weeks’ notice before the expected week of childbirth (or adoption placement). This notice period gives your employer time to make arrangements for your absence.
You should provide the following information in writing:
- The expected week of childbirth or the date of adoption placement
- The date you want your paternity leave to start (this can be the day the baby is born, a set number of days after the birth, or a specific date)
- How long you intend to take off (either one week or two consecutive weeks)
While there is no strict legal requirement for the format of this notice, many employers will have their own forms or HR procedures. If not, you can use the government’s SC3 form for birth parents or the SC4 form for adoptive parents.
Deadlines and Timings
It’s crucial to meet the 15-week deadline before the baby’s due date or adoption placement. If you miss this deadline, you might not be eligible for statutory paternity leave or pay. For changes to your leave dates, try to give your employer as much notice as possible – ideally at least 28 days.
Documents and Evidence You May Need
Employers may ask you to provide certain documents or declarations, such as:
- A completed SC3 or SC4 form (as mentioned above)
- A declaration that you are taking leave to support the mother or care for the child
- In most cases, you do not need to provide a birth certificate to your employer, but you must confirm your relationship to the child and your intention to take paternity leave
For a step-by-step guide and downloadable notification forms, visit the official Paternity pay and leave: How to claim – GOV.UK.
Tips for Communicating with Your Employer
Open and early communication with your employer can help avoid misunderstandings and ensure a smooth process. Here are some practical tips:
- Check your company’s policy: Some employers offer enhanced paternity benefits beyond the statutory minimum. Review your staff handbook or employment contract.
- Keep everything in writing: Submit your notification and any changes in writing (email is usually sufficient) so you have a clear record.
- Discuss your plans: If possible, talk to your manager or HR team about how your workload will be covered during your absence.
- Ask about pay arrangements: Make sure you understand when and how statutory paternity pay will be paid, and whether your employer offers any additional pay.
For more information about related rights and how paternity leave fits with other family-friendly policies, see our section on Maternity, Paternity and Parental Leave.
By following these steps and keeping your employer informed, you can ensure your paternity leave and pay are processed smoothly, allowing you to focus on your new arrival.
Frequently Asked Questions About Paternity Leave and Pay
Frequently Asked Questions About Paternity Leave and Pay
Understanding your rights around paternity leave and pay can be confusing, especially as every family’s situation is unique. Below, we answer some of the most common questions fathers and partners have about taking time off work after the birth or adoption of a child.
Can you take paternity leave if you are self-employed?
Unfortunately, self-employed people are not entitled to statutory paternity leave or statutory paternity pay under UK law. These rights apply only to employees who meet certain eligibility criteria, such as having worked for their employer for at least 26 weeks by the end of the 15th week before the baby is due. If you are self-employed, you may want to explore other forms of financial support, such as Maternity Allowance, which can sometimes be claimed by partners in specific circumstances. For more information on related entitlements, you might find it helpful to read about how to calculate your maternity pay.
What happens if your baby is born early or late?
You can still take paternity leave if your baby arrives earlier or later than expected. The law allows you to choose to start your paternity leave on the actual date of birth, a specific number of days after the birth, or a chosen date after the expected week of childbirth. If your baby is born prematurely, you can begin your paternity leave from the actual date of birth, even if this is before the date you originally planned. It’s important to inform your employer as soon as possible if your plans change due to an early or late arrival.
Can you change the dates of your paternity leave?
Yes, you can change the start date of your paternity leave, but you must give your employer at least 28 days’ notice of the new date, or as much notice as reasonably possible. If your baby is born earlier than expected, you should let your employer know as soon as possible so they can accommodate the change. If you want to change your leave after it has started, you may not be able to do so unless your employer agrees.
How does paternity leave work alongside maternity or shared parental leave?
Paternity leave is separate from maternity leave and shared parental leave. It is designed to allow fathers or partners to support the mother or main adopter in the early days after birth or adoption. Typically, you can take up to two weeks of paternity leave, while maternity leave can last up to 52 weeks. Shared parental leave allows parents to share up to 50 weeks of leave and up to 37 weeks of pay, giving families more flexibility. To understand how all these types of leave fit together, see our overview of maternity, paternity and parental leave. If you’re interested in how leave affects your holiday entitlement, you may also want to read about holiday accrual during maternity leave.
Where to get more help or advice
If you have further questions or need personalised advice, you can speak to your employer’s HR department, contact Acas (the Advisory, Conciliation and Arbitration Service), or visit the government’s official website for the latest guidance. Understanding your rights helps ensure you get the support you need during this important time for your family.
