Quick Answer: What Is the Paternity Leave Entitlement?
Eligible employees are entitled to up to 2 weeks of statutory paternity leave. Since April 2024, this can be taken as one block of 2 weeks, two separate blocks of 1 week, or one block of 1 week. Statutory Paternity Pay (SPP) is £187.18 per week or 90% of average weekly earnings, whichever is lower.
| Entitlement | Detail |
|---|---|
| Leave duration | 1 or 2 weeks (employee's choice) |
| How it can be taken | One block of 2 weeks, two blocks of 1 week, or one block of 1 week |
| Statutory Paternity Pay | £187.18/week or 90% of average weekly earnings (whichever is lower) |
| Must be taken within | 52 weeks of birth or placement (changed from 56 days in April 2024) |
What Changed in April 2024?
The Paternity Leave (Amendment) Regulations 2024 made significant changes:
| Before April 2024 | From April 2024 |
|---|---|
| Leave must be taken in one block of 1 or 2 weeks | Leave can be split into two separate 1-week blocks |
| Must be taken within 56 days of birth/placement | Must be taken within 52 weeks of birth/placement |
| 15 weeks' notice required | 28 days' notice required for each block |
| Leave dates must be specified in advance | More flexibility to vary dates |
These changes apply to babies due on or after 6 April 2024 and children placed for adoption on or after that date.
Eligibility for Statutory Paternity Leave and Pay
Who Qualifies?
To be eligible, the employee must:
- Be the biological father of the child, or the spouse, civil partner, or partner of the mother/adopter
- Have 26 weeks' continuous employment with you by the end of the 15th week before the expected week of childbirth (or by the week they are matched with a child for adoption)
- Have average weekly earnings at or above the Lower Earnings Limit (£123/week for 2025/26) for SPP
- Be taking time off to care for the child or support the mother/adopter
- Give you proper notice
Notice Requirements
| Requirement | Deadline |
|---|---|
| Intention to take paternity leave | By the 15th week before EWC (or within 7 days of being matched for adoption) |
| Each block of leave | At least 28 days before the start of each block |
| Varying a date | At least 28 days' notice of the change |
The employee must provide a written declaration (SC3 or SC4 form, or your own form) confirming their relationship to the child and their eligibility.
How Paternity Leave Works in Practice
Scenario 1: Two Weeks Together
The most common arrangement. The employee takes 2 consecutive weeks off starting from the date of birth, a chosen date after the birth, or a chosen number of days after the birth.
Scenario 2: Split Into Two Blocks (New from April 2024)
The employee takes 1 week at the time of birth and saves the second week for later -- perhaps when the mother returns to work or at another significant point in the first year.
Example: Baby born on 1 March 2026. Father takes week 1 from 1-7 March and week 2 from 1-7 September to coincide with the mother's return to work.
Scenario 3: One Week Only
The employee chooses to take just 1 week of paternity leave.
Pay During Paternity Leave
Statutory Paternity Pay (SPP) 2025/26
| Rate | Amount |
|---|---|
| SPP weekly rate | £187.18 or 90% of average weekly earnings (whichever is lower) |
| Duration | 1 or 2 weeks (matching leave taken) |
How SPP Is Funded
Employers can recover SPP from HMRC:
| Employer Size | Recovery Rate |
|---|---|
| Small employer (NI contributions ≤ £45,000) | 103% (100% + 3% compensation) |
| Other employers | 92% |
Recover SPP by reducing your monthly HMRC payment (PAYE, NI, student loan deductions) by the amount of SPP paid, or by submitting an Employer Payment Summary (EPS).
Enhanced Paternity Pay
Many employers offer enhanced paternity pay above the statutory minimum. Common approaches:
- Full pay for 2 weeks
- Company rate (e.g., 90% of salary) for 2 weeks
- Matching maternity pay -- some employers equalise paternity and maternity pay
If you offer enhanced pay, document it clearly in your paternity leave policy and state any conditions (e.g., repayment if the employee leaves within a certain period).
Employer Obligations During Paternity Leave
During paternity leave:
- The employment contract continues -- all terms and conditions apply except wages
- Annual leave continues to accrue
- Pension contributions continue during the paid period
- The employee is protected from unfair dismissal and detriment for taking paternity leave
- They have the right to return to the same job on the same terms
Paternity Leave vs Shared Parental Leave
| Feature | Paternity Leave | Shared Parental Leave |
|---|---|---|
| Maximum duration | 2 weeks | Up to 50 weeks (shared with mother) |
| Pay | SPP for up to 2 weeks | ShPP for up to 37 weeks (shared) |
| Flexibility | Two blocks of 1 week or one block of 2 weeks | Can be taken in multiple blocks with employer agreement |
| Notice | 28 days | 8 weeks |
| Eligibility | 26 weeks' service | Both parents must meet eligibility criteria |
Employees can take both paternity leave and shared parental leave, but the total shared parental leave available is reduced by any maternity leave or pay the mother has already used.
Common Employer Mistakes
- Refusing to split leave into two blocks -- since April 2024, this is the employee's right
- Requiring leave within 56 days -- the window is now 52 weeks from birth
- Not allowing employees to change their dates with 28 days' notice
- Not continuing benefits during paternity leave
- Treating paternity leave less favourably than other types of leave -- this could be sex discrimination
- Failing to recover SPP from HMRC (losing money unnecessarily)
Using Grove to Manage Paternity Leave
Grove tracks paternity leave entitlements, manages the new flexible booking options, and calculates SPP automatically. Employees can request leave through the system, and managers receive notifications for approval.
Get started with Grove and simplify your paternity leave administration.
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The Grove Team
Grove HR
The Grove Team writes about HR best practices, compliance, and workplace culture for Grove. Helping UK businesses cultivate thriving teams.
