Paternity Leave and Pay Rights

Eligible employees get up to 2 weeks paternity leave, taken as 2 separate one-week blocks within 52 weeks of birth if preferred. From 6 April 2026, paternity leave is a day-one right with no qualifying service required, though Statutory Paternity Pay still requires 26 weeks continuous service.

Last updated: July 2026

1-2 weeks

Leave duration

£194.32/week

SPP rate

Day 1 (from 6 Apr 2026)

Leave qualifying period

What the Law Says

The Employment Rights Act 1996 and Paternity and Adoption Leave Regulations 2002 (as amended 2024) entitle eligible employees to 1 or 2 weeks paternity leave, taken flexibly in two non-consecutive blocks within 52 weeks of birth or placement, with 28 days notice. Under the Employment Rights Act 2025, paternity leave itself became a day-one right from 6 April 2026, removing the previous 26-week qualifying period for the right to take leave. Statutory Paternity Pay (SPP) continues to require 26 weeks continuous service by the 15th week before the expected week of childbirth and average earnings at or above the lower earnings limit.

Your Obligations as an Employer

  • Allow up to 2 weeks paternity leave for all employees from day one
  • Pay Statutory Paternity Pay at £194.32/week or 90% of earnings to employees who meet the 26-week service and earnings threshold
  • Accept 28 days notice (reduced from 15 weeks)
  • Allow leave to be taken in two separate blocks within 52 weeks

What to Include in Contracts

Specify entitlement to 1 or 2 weeks leave from day one, detail any enhanced paternity pay, confirm the 28-day notice requirement, note that SPP eligibility still requires 26 weeks service, and state flexible booking options.

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Common Mistakes

  • Still requiring 26 weeks service before allowing paternity leave to be taken (leave itself is now day one; only SPP retains the service requirement)
  • Requiring employees to take both weeks consecutively
  • Refusing paternity leave to employees who are not the biological father but are the partner

FAQ

Who qualifies for paternity leave?

From 6 April 2026, all employees have a day-one right to take paternity leave, regardless of length of service, if they are the biological father, the mother's spouse/partner, or the intended parent in a surrogacy arrangement. Statutory Paternity Pay is only payable to those with 26 weeks continuous service by the 15th week before the expected week of childbirth.

Can paternity leave be extended?

Paternity leave itself cannot be extended beyond 2 weeks, but eligible employees can convert unused maternity/adoption leave into Shared Parental Leave of up to 50 weeks between both parents.

Related Topics

Maternity Leave and Pay Rights

Shared Parental Leave (ShPL)

Holiday Entitlement Calculation

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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