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Rights at work

Paternity leave and pay

Employees whose partner is having a baby can take one or two weeks of paternity leave. From 6 April 2026 it is a day-one right, so no minimum length of service applies. Statutory Paternity Pay (SPP) is £194.32 a week for 2026/27, or 90 per cent of average weekly earnings if that is lower. The pay has eligibility conditions of its own.

Who can take it

The leave is for the child’s father or the mother’s partner, including a same-sex partner, husband, wife or civil partner, as long as you will be responsible for bringing up the child. It also covers the partner of someone adopting and intended parents in a surrogacy arrangement. The name is old-fashioned, and the right is not limited to fathers.

You need to be an employee to get the leave. Workers who are not employees, such as some bank or casual staff, may still qualify for SPP without a statutory right to the leave. Agency workers should check with the agency.

How much leave and when

You choose one week or two. Since April 2024 the two weeks can be taken together or as separate weeks, any time within 52 weeks of the birth (or placement, for adoption). One partner might take a week at the birth and the second when the other parent goes back to work.

Leave comes in whole weeks, and a “week” is the number of days you normally work in one. If you work three days, a week of leave is three working days.

Statutory Paternity Pay

SPP is the lower of £194.32 a week or 90 per cent of your average weekly earnings, for the one or two weeks you take. Maternity pay has a higher-rate period at the start. Paternity pay does not.

The April 2026 change made the leave a day-one right, but pay still depends on your service with the employer and your earnings. The conditions broadly follow Statutory Maternity Pay, including earning at least the lower earnings limit of £129 a week. A new starter can take the leave and may find it unpaid. The gov.uk paternity pay and leave pages list the exact tests.

Many public sector employers pay more. NHS Agenda for Change, local government and many schools and academy trusts have occupational paternity pay for staff with enough service, often full pay for the paternity weeks. Your employer’s family leave policy will say.

Giving notice

Tell your employer in advance. Give the due date, say whether you want one or two weeks, and say when you want them. Your employer can ask for a written declaration that you are eligible. Gov.uk sets the notice deadlines, which differ for the leave itself and for changing your dates later. Employees have been able to give notice for day-one paternity leave since 18 February 2026.

If the baby arrives early, the dates can usually be moved. Tell your employer as soon as you can.

Bereaved partners

Since 6 April 2026, a partner whose child’s mother or primary adopter dies in the child’s first year can take Bereaved Partners’ Paternity Leave of up to 52 weeks. It is separate from ordinary paternity leave and from bereavement leave for the death of a child.

Longer leave for new parents

Paternity leave is short. For longer at home, the main route is shared parental leave: the mother ends maternity leave early and the parents share the rest, up to 50 weeks of leave and 37 weeks of pay between them. Unpaid parental leave became a day-one right on the same date as paternity leave.

Taking paternity leave protects you from detriment and dismissal. If your employer refuses leave you are entitled to, raise it with HR in writing first. ACAS gives free advice if the dispute does not settle, and our guide to the Employment Rights Act 2025 covers the other changes now in force.

Common questions

Can I take paternity leave after shared parental leave?

The rules changed in April 2024 so that paternity leave can be taken within 52 weeks of the birth, and the order relative to shared parental leave is more flexible than it used to be. Check the current gov.uk guidance and your employer's policy before booking both.

Does paternity leave count towards my holiday?

No. Holiday keeps accruing during paternity leave, and your annual leave is separate. Many parents add a few days of annual leave to their paternity leave.

Sources

General information, not legal, tax or financial advice. Pay and conditions vary by employer and by nation. Figures checked against these sources on 16 October 2026.