If you are planning pregnancy, maternity, paternity, and childcare support together, use the Maternity and Family Benefits Hub as your main navigation page.
Paternity leave gives employed fathers, partners, and adopters time off work when a baby arrives. The statutory entitlement is 1 or 2 weeks, paid at a flat rate.
What is Paternity Leave?
Key Facts
| Feature | Details |
|---|---|
| Duration | 1 or 2 consecutive weeks |
| Pay rate | £187.18/week or 90% AWE (whichever is lower) |
| Who qualifies | Employed fathers, partners, adoptive parents |
| Service needed | 26 weeks with same employer |
| When to take | Within 52 weeks of birth or placement |
Paternity Leave vs Other Options
| Option | Duration | Who Can Use |
|---|---|---|
| Statutory Paternity Leave | 1–2 weeks | Employed partners |
| Shared Parental Leave | Up to 50 weeks | Both parents combined |
| Unpaid parental leave | Up to 4 weeks/year (18 weeks total) | Employed parents, child under 18 |
| Annual leave | As contracted | Anyone |
Eligibility
Qualifying Conditions
To get statutory paternity leave and pay, you must:
| Condition | Requirement |
|---|---|
| Employment | Employed continuously by same employer for 26 weeks by the Qualifying Week |
| Earnings | Average weekly earnings at least £125 (lower earnings limit) |
| Relationship | Father of the child, or partner/spouse of the mother |
| Responsibility | Expect to have responsibility for the child’s upbringing |
| Notification | Tell employer by the 15th week before due date |
Who Counts as “Partner”?
- Husband or wife of the mother
- Civil partner
- Partner living in an enduring family relationship with the mother (not a relative)
This includes same-sex partners.
Adoption
Paternity leave rules also apply to adoption. The 26-week qualifying period runs from when you were matched with the child.
How Much Statutory Paternity Pay (SPP)?
Rate
| Pay | Amount |
|---|---|
| SPP rate 2026/27 | £187.18/week |
| If 90% of AWE is lower | 90% of Average Weekly Earnings |
Example: If you earn £160/week, your SPP would be £144/week (90% of £160), not the flat rate.
Total SPP
| Leave Taken | Total SPP (at £187.18) |
|---|---|
| 1 week | £187.18 |
| 2 weeks | £374.36 |
Average Weekly Earnings Calculation
AWE is calculated from earnings in the 8 weeks (or 2 months) before the Qualifying Week (15th week before due date).
How to Claim
Telling Your Employer
You must tell your employer:
- That you intend to take paternity leave
- The week of the birth (or adoption placement)
- How long you want to take (1 or 2 weeks)
Deadline: By the end of the 15th week before the due date. For adoption, within 7 days of being matched.
You can give notice by completing form SC3 (available from gov.uk or your employer) or in writing.
Starting Your Leave
You can start paternity leave:
| Option | Details |
|---|---|
| Day of birth | Start immediately when the baby arrives |
| Fixed date | Start on a pre-agreed date after the birth |
| A week after birth | Start at beginning of the week after birth |
Leave must finish within 52 weeks of the birth (or expected due date if birth was early).
Changing Your Start Date
You can change your paternity leave start date by giving 28 days’ notice (where possible).
Rights During Paternity Leave
What You Keep
| Right | Details |
|---|---|
| Annual leave accrual | Continues during paternity leave |
| Pension contributions | Employer contributions continue |
| Contractual rights | Most contractual benefits continue |
| Return to work | Right to return to the same job |
What Happens to Your Job?
Your job is protected during statutory paternity leave. You have the right to return to exactly the same job on the same terms and conditions.
Shared Parental Leave (SPL) — Take More Time Off
If you want more than 2 weeks, Shared Parental Leave lets parents share up to 50 weeks of leave (after the mother’s first 2 mandatory maternity weeks).
How It Works
| Step | Action |
|---|---|
| 1 | Mother ends or shortens maternity leave/pay |
| 2 | Parents decide how to split remaining weeks |
| 3 | Both give employer 8 weeks’ notice |
| 4 | Leave can be taken simultaneously or in turns |
Shared Parental Pay Rate
Statutory Shared Parental Pay is the same as SPP: £187.18/week or 90% AWE, whichever is lower.
Flexibility of SPL
| Feature | Details |
|---|---|
| Can both parents take it at once? | Yes |
| Can it be taken in blocks? | Yes, with agreement |
| Minimum block | 1 week |
| Maximum blocks | Up to 3 separate blocks (more with employer agreement) |
Unpaid Parental Leave
All employed parents can take up to 18 weeks of unpaid parental leave per child, up to age 18.
| Rule | Detail |
|---|---|
| Maximum per year | 4 weeks per child |
| Notice required | 21 days |
| Minimum leave block | 1 week (unless child is disabled) |
| Employer can postpone? | Yes, for up to 6 months (not during first weeks of birth) |
This is separate from paternity leave and is unpaid.
If You’re Self-Employed
Self-employed fathers do not qualify for Statutory Paternity Pay or Leave. However:
- You have more flexibility over when you work
- Some self-employed people receive support via Universal Credit if income drops
Tax and National Insurance
| Item | Treatment |
|---|---|
| Income tax | SPP is taxable via PAYE |
| National Insurance | NI deducted on SPP above lower earnings limit |
| NI credits | Received during paternity leave |
If Your Employer Refuses
If your employer refuses statutory paternity leave or pay:
- Check your employment contract and company policy
- Raise a formal grievance
- Contact ACAS (0300 123 1100) for free advice
- Claim via an Employment Tribunal if unlawfully denied
HMRC can also investigate SPP disputes — contact them if your employer won’t pay.
Adoption Paternity Leave
The rules are virtually identical for adoptive parents. The secondary adopter (the partner) gets 1–2 weeks of paternity leave when a child is placed for adoption.
| Feature | Adoption Detail |
|---|---|
| Qualifying period | 26 weeks from matching date |
| Notice | Within 7 days of being matched |
| Start date | From the date of placement |
| Pay rate | Same as birth — £187.18/week or 90% AWE |
Quick Reference
| Question | Answer |
|---|---|
| SPP rate 2026/27 | £187.18/week or 90% AWE |
| Maximum leave | 2 weeks statutory |
| Qualifying service | 26 weeks continuously |
| Minimum earnings | £125/week average |
| Notice deadline | 15th week before due date |
| Complete leave by | 52 weeks after birth |
| More time available? | Yes — via Shared Parental Leave |
| Self-employed qualify? | No |
| Taxable? | Yes |