Quick Answer: UK Paternity Leave Entitlement 2026
| Factor | Details |
|---|---|
| Entitlement | 1 or 2 consecutive weeks |
| Eligibility | Employee (not worker), 26 weeks continuous service by 15th week before due date |
| Pay | Statutory Paternity Pay (SPP): £187.18/week or 90% of average weekly earnings, whichever is lower |
| Notice | Must notify employer by the 15th week before expected due date |
| When taken | Within 52 weeks of birth (changing — see below) |
| Adoption | Same entitlement applies for adoption |
What Is Paternity Leave?
Paternity leave is a statutory right that allows eligible employees to take time off work following the birth or adoption of a child. It is separate from shared parental leave and can be taken in addition to any enhanced contractual entitlement your business offers.
Key point for employers: Paternity leave is a day-one right in terms of existence — all employees know it exists — but eligibility (qualifying service) still applies.
Who Is Eligible for Paternity Leave?
To qualify for statutory paternity leave, the employee must:
- Be an employee (not a worker or self-employed)
- Have 26 weeks of continuous employment with you by the 15th week before the baby's expected due date (the "qualifying week")
- Be either:
- The baby's biological father, or
- The mother's husband, civil partner, or partner (of any gender), or
- The adopter's partner
Important: Eligibility is based on relationship with the mother/primary adopter, not biological parenthood. A same-sex partner of the birth mother qualifies on the same basis as any other partner.
Eligibility for adoption
The same rules apply when an employee's partner is adopting. The qualifying week is the week in which the child is matched for adoption (domestic) or when the child enters the UK (overseas adoption).
How Much Paternity Leave Can Employees Take?
Employees can take either:
- 1 week, or
- 2 consecutive weeks
They cannot take odd days or split weeks under the current rules. Leave must be taken as a complete block.
When can paternity leave be taken?
Currently, paternity leave must be taken within 56 days of the birth (or the expected birth date if the baby arrives early).
Upcoming change under the Employment Rights Bill: The window will extend to 52 weeks from the birth, giving fathers and partners much more flexibility about when they take their leave. This is expected to come into force during 2026.
Statutory Paternity Pay (SPP) 2026
SPP Rate
From 6 April 2026, Statutory Paternity Pay is £187.18 per week (or 90% of average weekly earnings if that is lower).
| Period | SPP Rate |
|---|---|
| 2024/25 | £184.03/week |
| 2025/26 | £187.18/week |
SPP is paid for the duration of paternity leave taken (1 or 2 weeks).
SPP Eligibility
To qualify for SPP (not just leave), the employee must also:
- Earn at least £123 per week (the lower earnings limit for 2025/26)
- Have provided the correct notice
Reclaiming SPP from HMRC
Most employers can reclaim 92% of SPP from HMRC via their payroll. Small employers (total NIC liability under £45,000 in the previous tax year) can reclaim 103% (the 3% compensates for the employer's NIC cost of paying SPP).
Reclaiming is done via payroll — it reduces the PAYE and NIC payments you owe HMRC that month.
Notice Requirements
The employee must notify you by the 15th week before the expected week of childbirth (or as soon as reasonably practicable if that is not possible). Notice must include:
- The expected week of childbirth (or adoption)
- Whether they intend to take 1 or 2 weeks
- When they want their leave to start
Employees can change their start date with 28 days' notice (or as soon as reasonably practicable).
Employer's obligation: You cannot refuse paternity leave to an eligible employee. You can ask for written confirmation (using Form SC3 or equivalent) but cannot delay or withhold leave.
How Paternity Leave Interacts with Other Leave
Shared Parental Leave (ShPL)
Paternity leave is separate from Shared Parental Leave. An employee can take paternity leave and then later take ShPL (if the mother/primary adopter curtails their maternity/adoption leave to create the ShPL pot).
Paternity leave does not reduce the ShPL entitlement.
Annual Leave
Employees continue to accrue annual leave during paternity leave. They can take annual leave immediately before or after paternity leave.
Keeping in Touch (KIT) Days
Unlike maternity leave, there is no statutory provision for Keeping in Touch days during paternity leave. However, you can agree informally for an employee to do some work during paternity leave without it ending the leave.
Employee Rights During Paternity Leave
Employees on paternity leave retain all contractual rights except pay (replaced by SPP). This includes:
- Continuity of employment
- Accrual of annual leave
- Pension contributions (employer contributions based on normal pay; employee contributions based on actual SPP received)
- Protection from detriment or dismissal related to paternity leave
Dismissing an employee for taking or requesting paternity leave is automatically unfair dismissal, regardless of length of service.
What Changes Under the Employment Rights Bill
The Employment Rights Bill 2024 introduces significant changes to paternity leave, expected in 2026:
1. Extended window — 52 weeks
The current 56-day window for taking paternity leave extends to 52 weeks from birth. This means fathers and partners can take their leave any time in the baby's first year — not just within 8 weeks of birth.
Impact: Much more flexibility for families. Employees can take paternity leave when it suits them (e.g., when the mother returns to work, rather than immediately after birth).
2. Split leave
Employees will be able to take their 1 or 2 weeks in non-consecutive blocks, rather than as a single continuous period.
Impact: A father could, for example, take one week immediately after birth and one week when the partner returns to work.
3. Notice period reduction
The required notice period will reduce from 15 weeks before the due date to 28 days before the leave start date. This brings paternity leave into line with other statutory leave types.
Impact for employers: You will have less advance notice. Ensure your leave management system can handle late notice paternity leave requests and flag cover arrangements quickly.
HR Checklist: Managing Paternity Leave
When an employee announces a pregnancy/adoption
- Confirm eligibility (26 weeks service by qualifying week)
- Share the paternity leave policy (or signpost to it in your employee handbook)
- Remind the employee of the notice deadline (15th week before due date currently; 28 days before start once ER Bill takes effect)
When the employee gives notice
- Confirm receipt of notice in writing
- Confirm the start and end date of leave
- Calculate SPP entitlement
- Notify payroll to process SPP from the correct date
- Arrange cover for the employee's absence
- Set up reclaim of SPP via payroll (PAYE reduction)
During paternity leave
- Continue pension contributions based on normal pay
- Continue accruing annual leave on the employee's record
- Do not contact the employee about work unless they have agreed to stay in touch
When the employee returns
- Confirm the return-to-work date
- Check if the employee wants to take any accrued annual leave immediately after paternity leave
- Update HR records to reflect paternity leave period
Enhanced Paternity Pay: Should You Offer It?
The statutory minimum (£187.18/week) is low — below the National Living Wage for full-time workers. Many employers offer enhanced paternity pay as part of their benefits package.
Common enhanced paternity pay arrangements
- Full pay for 1-2 weeks — most common for UK employers offering enhanced leave
- 50% pay for 2 weeks — a middle ground
- Matching maternity/primary carer leave — some progressive employers offer 6-12 weeks at full or partial pay
Business case for enhanced paternity pay
- Attracts and retains male employees who are fathers or planning families
- Signals commitment to gender-equal parenting (reduces the "motherhood penalty" by normalising paternity leave use)
- Improves employee engagement and loyalty
- CIPD research shows men in companies with enhanced paternity pay are more likely to take their full entitlement
Conditions you can attach
Enhanced pay can be conditional on returning to work after leave (a clawback clause) — for example, requiring repayment if the employee leaves within 3-6 months of return. This is legally permitted if applied consistently.
Paternity Leave vs. Shared Parental Leave: Quick Comparison
| Paternity Leave | Shared Parental Leave | |
|---|---|---|
| Duration | 1 or 2 weeks | Up to 50 weeks (shared from mother's entitlement) |
| Flexibility | 1 block (soon: split weeks) | Blocks throughout the first year |
| Pay | SPP: £187.18/week | ShPP: £187.18/week |
| Notice | 15 weeks before due date | 8 weeks before each block |
| Both parents? | No — for the non-primary carer only | Yes — both parents share from one pot |
Managing Paternity Leave in Grove HR
Grove HR handles all statutory parental leave types:
- Leave tracking: Record paternity leave periods separately from annual leave and sick absence
- Bradford Factor: Paternity leave is automatically excluded from absence calculations
- Pay records: Document SPP periods for payroll reference
- Policy storage: Upload your paternity leave policy and track employee acknowledgements
Start your free trial or read our maternity leave guide for the primary carer entitlements.
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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.
