Paternity Leave and Pay: Employee Entitlements Explained

Paternity leave and pay are statutory rights in England and Wales that provide time off and financial support for eligible employees when they become a parent. These entitlements are specifically designed to help the child's father, partner of the mother or birth parent, adopter, or intended parent in a surrogacy arrangement take time away from work to care for a new child. Understanding the eligibility criteria, notice requirements, duration of leave, pay rates, and associated rights helps employees and employers navigate these provisions correctly and avoid disputes. This article explains the law step by step, with practical context and references to authoritative sources.

1. Who Qualifies for Paternity Leave and Pay?

To qualify for statutory paternity leave and statutory paternity pay (SPP), an employee must meet several criteria:

Relationship to the Child
Eligible employees include:

• the biological father of the child;
• the spouse, civil partner or partner of the mother or birth parent (including same‑sex partners);
• the child's adopter;
• the intended parent in a surrogacy arrangement who expects to apply for a parental order.

Purpose of Leave
Paternity leave must be taken to look after the child or support the partner. Taking leave for other reasons does not qualify under the statutory scheme.

2. Employment and Service Requirements

Paternity Leave Eligibility

An employee must:

• be classified as an employee under employment law;
• have continuous employment with the same employer for at least 26 weeks up to any day in the qualifying week; and
• give the correct notice to the employer.

The qualifying week is defined as the 15th week before the expected week of childbirth (EWC). If adopting, a separate matching week applies.

From 6 April 2026, statutory paternity leave will become a day one right, meaning the 26‑week service requirement for leave will no longer apply for new parents - though statutory pay eligibility will still depend on earnings and service.

Paternity Pay Eligibility

To qualify for statutory paternity pay, the employee must additionally:

• earn at least £125 per week (gross) on average during the relevant period prior to the qualifying week;
• remain employed up to the date of the child's birth or placement.

3. How Much Leave Can You Take?

Eligible employees can take either one or two weeks' statutory paternity leave. The weeks can be taken consecutively or separately during the first 52 weeks after the child's birth or placement. If twins or multiples are born, the entitlement remains two weeks in total.

A week of leave is defined by the number of days the employee normally works in a week (for example, if they work two days per week, a week of paternity leave is two days).

Employees cannot start statutory paternity leave before the birth.

4. Statutory Paternity Pay: Calculation and Duration

Payment Amount

Statutory paternity pay (SPP) is paid by the employer for up to two weeks. It is calculated as:

• the statutory weekly rate set by the government (for example, a rate such as £187.18 per week, subject to annual review), or
• 90% of the employee's average weekly earnings before tax,
  whichever amount is lower. Tax and National Insurance contributions are deducted as usual.

Duration

The entitlement for statutory paternity pay is up to two weeks in total. Employers may offer enhanced paternity pay (for example, full pay for one or two weeks) under contractual schemes, but statutory paternity pay is the legal minimum.

Earning and Continuous Employment Conditions

SPP eligibility requires at least 26 weeks of continuous employment up to and including the qualifying week. If the employee's contract ends after the qualifying week but before the baby is born, they may still qualify for SPP.

5. Notice and Timing Requirements

Notification to Employer

Employees must give their employer certain information by the end of the qualifying week (15th week before the EWC). This includes:

• the expected week of childbirth;
• confirmation of intention to take paternity leave;
• the dates when they propose to take leave.

Notice of the start date and length of leave must be given at least 28 days before beginning paternity leave. Employers can request written confirmation of this information, though written notice is not mandatory unless requested.

Forms and Administration

Employees can use the government's online paternity leave and pay form to claim both leave and pay, replacing older SC3/SC4 forms. Copies of completed forms should be given to employers for record‑keeping.

6. Special Circumstances and Extended Rights

Premature Births and Bereavement

Employees remain eligible for statutory paternity leave and pay if:

• the baby is stillborn after 24 weeks of pregnancy;
• the baby is born alive but later dies.
  These rules ensure that statutory rights are protected despite challenging circumstances.

Surrogacy and Adoption

Intended parents in surrogacy arrangements and adoptive parents may also be eligible for paternity leave and pay, provided they meet the relationship, employment and service criteria. Special notice requirements for surrogacy - such as providing written confirmation of intent to apply for a parental order - apply.

Multiple Employers

Employees with more than one employer may be able to claim statutory paternity pay from each employer separately if they meet eligibility criteria for each employment.

7. Protecting Employment Rights During Leave

While on statutory paternity leave, an employee retains key employment rights, including:

• protection against unfair treatment or dismissal related to taking leave;
• accrual of statutory holiday;
• continuity of service for future rights such as redundancy or parental leave.

Employers should not penalise employees for taking paternity leave, and failure to honour paternity rights can lead to claims in an employment tribunal for breaches such as unfair dismissal or detriment for asserting statutory rights.

8. Common Questions and Practical Tips

Can paternity leave be split?
Yes. Two weeks' leave can be taken either as one block of two weeks or as two separate weeks at different times within 52 weeks of the birth.

What if I'm self‑employed?
Self‑employed individuals generally do not qualify for statutory paternity pay or leave but may be eligible for other support such as Maternity Allowance or Shared Parental Leave if conditions are met.

Can I take shared parental leave instead?
Yes. Shared Parental Leave is a different statutory scheme that allows eligible parents to share up to 50 weeks' leave and has its own eligibility criteria. Employees cannot take statutory paternity leave after beginning shared parental leave.

What if I earn less than £125 a week?
Under current rules, paying SPP requires average earnings of at least £125 per week. New reforms from 2026 aim to remove this lower earnings limit for some statutory payments, but statutory pay eligibility for paternity will still involve specific criteria.

Summary

Statutory paternity leave and pay in England and Wales provide vital support for eligible employees at the birth or adoption of a child. Eligible employees may take one or two weeks' leave and receive statutory pay for that period if they meet employment, earnings and notice requirements. Reforms from April 2026 will enhance access to paternity leave from the first day of employment, though statutory pay will remain subject to qualifying criteria. Understanding these entitlements, the notice requirements and the duration of benefits helps employees plan effectively and ensures employers fulfil their legal obligations.