Paternity Leave: Your Rights as a New Parent

Checked against official sources on 1 September 2026. Figures shown are the 2026/27 rates, and the day-one right that took effect on 6 April 2026.

Sources: GOV.UK, Rates and thresholds for employers 2026 to 2027; Acas, Employment Rights Act 2025.

Fathers and partners of new mothers or adopters are entitled to up to two weeks of statutory paternity leave, paid at a flat weekly rate. Since 6 April 2026 paternity leave is a day one right: there is no longer any qualifying period for the leave itself, however long you have worked for your employer. A 26 week service test still applies to paternity pay. This guide explains eligibility, pay, how to give notice, and what to do if your employer refuses.

Key points

✓Two weeks in total, taken together or as two separate single weeks, and it cannot start before the birth.
✓Since 6 April 2026 the leave itself is a day one right. Pay is different: Statutory Paternity Pay still needs 26 weeks' service by the 15th week before the due date.
✓Statutory Paternity Pay is £194.32 a week for 2026/27, or 90% of your average weekly earnings, whichever is lower.
✓You have 52 weeks from the birth, or from the placement date on an adoption, to use it.
✓It is not only for biological fathers. The mother's spouse, civil partner or partner qualifies, as do adopters and intended parents in a surrogacy arrangement.

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Who qualifies for paternity leave?

You are entitled to statutory paternity leave if:

Yes: You are an employee (paternity leave is a day one right, there is no minimum length of service)
Yes: You are the biological father of the child, or the mother's spouse, civil partner, or partner
Yes: You will have main responsibility for the child's upbringing alongside the mother
Yes: For adoption: you have been matched with a child, or are an intended parent in a surrogacy arrangement
Yes: You give your employer the correct notice (see below)

Leave and pay have different rules, do not confuse them. Since 6 April 2026 the Employment Rights Act 2025 has removed the qualifying period for paternity leave, so you can take it however recently you started the job. Statutory Paternity Pay is separate and still requires 26 weeks' continuous service by the 15th week before the due date (or by the matching date for adoption), plus average earnings of at least £129 a week. If you have been told you have no right to paternity leave because you are new, that is the old rule and it no longer applies.

Same-sex couples and surrogacy: If you are a same-sex couple, the non-birthing parent can take paternity leave. Intended parents in surrogacy arrangements may qualify for adoption leave instead, the rules are complex, so check GOV.UK or get advice.

Agency workers and zero-hours contracts: Paternity leave is a right for employees. Agency workers are usually not employees of the hirer, so check your contract or get advice about your employment status. Zero-hours workers who are employees qualify on the same terms as anyone else, and since April 2026 no length of service is needed for the leave.

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How long is paternity leave?

Statutory paternity leave is two weeks in total, and you can take it as one block of two weeks or as two separate blocks of one week each. You cannot take it as odd days.

Yes: Two weeks total, taken either together or as two separate single weeks
Yes: It must start on or after the birth (not before)
Yes: You have 52 weeks from the birth (or from the placement date for adoption) to use it
Yes: You choose when each block starts: the day of birth, a set number of days after, or a specific date

These rules changed on 6 April 2024 and apply to babies born or children placed on or after that date. Before then, leave had to be a single block used within 56 days of the birth. If you have been given the old 56 day rule, ask your employer to check the current regulations.

The 52 week window is still a deadline. If you delay and the 52 weeks expire, you lose the entitlement for that child. Plan ahead, especially if the birth is premature or complicated.

Statutory Paternity Pay (SPP)

During paternity leave you receive Statutory Paternity Pay if you have been continuously employed for at least 26 weeks by the 15th week before the due date (or by the matching date for adoption) and you earn at least £129 per week on average (the Lower Earnings Limit). Unlike the leave, these conditions were not removed in April 2026. SPP is paid at:

Yes: £194.32 per week (2026/27 rate), or
Yes: 90% of your average weekly earnings, whichever is lower

SPP is uprated annually in April. Check GOV.UK for the current rate. Your employer pays SPP and reclaims most of it from HMRC (small employers can reclaim 103%).

If your employer offers enhanced paternity pay (contractual pay above SPP), that is a contractual right, check your employment contract. Many public sector employers and larger companies pay full salary for some or all of paternity leave.

How to give notice

There are two separate notices, and since 6 April 2024 they work differently. You give notice of entitlement by the 15th week before the baby is due (or within 7 days of being matched, for adoption), then 28 days' notice of the dates of each block of leave you want to take. You need to tell them:

Yes: The baby's expected week of birth
Yes: Whether you want one block of two weeks or two separate single weeks
Yes: When you want each block to start

Complete form SC3 (or your employer's equivalent)

HMRC's SC3 form is the standard way to notify your employer and confirm your entitlement. Many employers have their own form, either is fine. Keep a copy.

You can change your dates

You can change the start date of a block by giving 28 days' notice (where possible). If the baby arrives early, you can start leave immediately without the full notice period.

Keep records of all communication

If your employer disputes your notice or fails to pay SPP, written evidence of when you gave notice is essential.

Your employment rights during paternity leave

While on paternity leave, you retain all your employment rights except your normal pay:

Yes: Annual leave continues to accrue at the full statutory and contractual rate
Yes: Pension contributions continue (employer must still contribute if you are in a workplace pension)
Yes: Your job is protected, you have the right to return to exactly the same role
Yes: You cannot be dismissed, selected for redundancy, or subjected to detriment because you took paternity leave
Yes: Keeping In Touch (KIT) days: you can work up to 10 KIT days during paternity leave without losing SPP, useful for attending important meetings

If your employer refuses, disciplines you, or dismisses you for taking paternity leave, this is automatically unfair dismissal. You can bring a claim at Employment Tribunal with no minimum service requirement.

Bereaved Partner's Paternity Leave

From 6 April 2026 there is a separate right for partners whose baby's primary carer dies. Under the Bereaved Partner's Paternity Leave Regulations 2026, you can take a single continuous period of up to 52 weeks' leave to care for the child. This is a completely different entitlement from the two weeks of ordinary paternity leave, and it is far longer.

Yes: The child's primary carer must have died within 52 weeks of the birth, or of the child being placed for adoption
Yes: You must be the child's father, or the partner of the primary carer who died
Yes: You must have, or expect to have, main responsibility for the child's upbringing, and be taking the leave to care for them
Yes: It is a day one right: there is no minimum length of service
Yes: Up to 52 weeks, taken as one continuous block, which cannot be split
Yes: The leave must start and finish within 52 weeks of the birth or placement

Notice: if the leave will start within eight weeks of the death, you can give notice orally or in writing and begin straight away. If you want to start more than eight weeks after the death, give your employer at least one week's notice in writing.

There is no statutory pay attached to this leave. Any pay during it is at your employer's discretion, so check your contract and staff handbook. You may also be able to claim bereavement support and other benefits. It is worth taking advice early, because the financial side is usually the hardest part to arrange.

Shared Parental Leave, extending your time off

If you want more than two weeks with your new child, you and your partner can use Shared Parental Leave (SPL). This allows you to share up to 50 weeks of leave and 37 weeks of Shared Parental Pay between you.

Yes: The mother must end her maternity leave early to 'release' leave for SPL
Yes: You can take SPL as separate blocks (subject to employer agreement) or at the same time as your partner
Yes: Shared Parental Pay is paid at the same rate as SPP: £194.32/week or 90% of earnings, whichever is lower
Yes: Both partners must give the required notice (at least 8 weeks before each block)

Ask our guidance assistant about Shared Parental Leave if you want a full explanation of how to structure the leave and calculate the best arrangement for your household.

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Frequently asked questions

Can I take paternity leave if I am self-employed?

No. Statutory Paternity Pay is only available to employees. Self-employed people are not entitled to SPP, though you may be able to claim other support. Some professional bodies and trade associations have paternity support funds, worth checking.

My employer is refusing to grant paternity leave, what can I do?

If you meet the eligibility conditions, your employer cannot legally refuse. Raise a formal grievance in writing citing your statutory right under the Employment Rights Act 1996 and the Paternity and Adoption Leave Regulations 2002. If they still refuse, contact ACAS (0300 123 1100) and consider an Employment Tribunal claim, there is no minimum service requirement for paternity rights claims.

Does paternity leave have to be taken all in one go?

No, not since 6 April 2024. You can take your two weeks as one block or as two separate blocks of one week each, at any point in the 52 weeks after the birth or placement, giving 28 days' notice of each block. You still cannot take it as individual days. If you want more flexibility than that, consider Shared Parental Leave, which can be taken in several blocks.

Can I be made redundant while on paternity leave?

Yes, but only in a genuine redundancy situation and with the same selection process that would apply to anyone. You cannot be selected for redundancy because you are on or have taken paternity leave, that would be automatically unfair dismissal.

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https://www.knowyourrightsuk.com/employment/paternity-leave

Know Your Rights UK. "Paternity Leave: Your Rights as a New Parent." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/paternity-leave