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Paternity Leave: Your Rights as a New Parent

Last updated: Checked against primary legislation on legislation.gov.uk

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. Your rights apply from day one of employment for adoption, but require 26 weeks' service for birth paternity leave. This guide explains eligibility, pay, how to give notice, and what to do if your employer refuses.

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Who qualifies for paternity leave?

You are entitled to statutory paternity leave if:

  • You are the biological father of the child, or the mother's spouse, civil partner, or partner
  • You have been continuously employed for at least 26 weeks by the 15th week before the baby's expected due date (the 'qualifying week')
  • You will have main responsibility for the child's upbringing alongside the mother
  • For adoption: you must have been matched with a child and been employed for 26 weeks by the date of matching
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: You must have been working for the same hirer continuously for 12 weeks to qualify. Zero-hours workers who meet the continuous service test qualify on the same terms as employees.

How long is paternity leave?

Statutory paternity leave is one or two consecutive weeks, you cannot take it as odd days. You choose either one week or two weeks when you give notice.

  • Leave must be taken as a single block (you cannot split it)
  • It must start on or after the birth (not before)
  • It must end within 56 days of the birth (or the due date if the baby is early)
  • You choose when it starts: the day of birth, a specific number of days after, or a specific date
The 56-day window is strict. If you delay taking paternity leave and the 56-day period expires, you lose your 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 earn at least £129 per week (the Lower Earnings Limit). SPP is paid at:

  • £194.32 per week (2026/27 rate), or
  • 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

You must notify your employer by the 15th week before the baby is due (or as soon as reasonably practicable). You need to tell them:

  • The baby's expected week of birth
  • Whether you want one week or two weeks
  • When you want the leave to start
1
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.
2
You can change your start date
You can change your chosen start date by giving 28 days' notice (where possible). If the baby arrives early, you can start leave immediately without the full notice period.
3
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:

  • Annual leave continues to accrue at the full statutory and contractual rate
  • Pension contributions continue (employer must still contribute if you are in a workplace pension)
  • Your job is protected, you have the right to return to exactly the same role
  • You cannot be dismissed, selected for redundancy, or subjected to detriment because you took paternity leave
  • 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.

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.

  • The mother must end her maternity leave early to 'release' leave for SPL
  • You can take SPL as separate blocks (subject to employer agreement) or at the same time as your partner
  • Shared Parental Pay is paid at the same rate as SPP: £194.32/week or 90% of earnings, whichever is lower
  • 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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Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
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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?

Yes, statutory paternity leave must be taken as one or two consecutive weeks. You cannot take individual days. If you want more flexibility, consider Shared Parental Leave instead, which can be taken in separate 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.

Related guides

Maternity Leave
Your partner's maternity rights and how SPL interacts with them.
Parental Leave
Unpaid parental leave rights after your child is born.
Unfair Dismissal
What to do if you are dismissed for taking paternity leave.

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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