UK paternity leave is up to 2 weeks off when your partner has a baby, adopts or has a baby through surrogacy, and employees are eligible from their first day of employment. Statutory Paternity Pay, as of October 2026, is £194.32 a week or 90% of average weekly earnings, whichever is lower, but pay still needs 26 weeks' service.
That split between leave and pay is the bit both employees and employers get wrong. Here's how GOV.UK sets out the current rules.
How much paternity leave you get
- Up to 2 weeks, taken together or as two separate one-week blocks
- The same 2 weeks even for twins or more
- A week means the days you normally work in a week, so someone who works Mondays and Tuesdays gets 2 days per week of leave
- Leave can't start before the birth and must end within 52 weeks of it, or of the due date if the baby's early
You can also take Shared Parental Leave, in any order with paternity leave, and Unpaid Parental Leave of up to 18 weeks per child until their 18th birthday.
Leave versus pay: different eligibility
| Paternity Leave | Statutory Paternity Pay | |
|---|---|---|
| Must be an employee | Yes | Must be employed by the employer up to the date of birth |
| Service needed | None, eligible from day one | At least 26 weeks' continuous employment up to any day in the qualifying week |
| Earnings test | None | Average of at least £129 a week before tax (as of October 2026) |
| Notice | Correct notice required | Correct notice required |
The qualifying week is the 15th week before the baby is due. So a new starter can take the 2 weeks off as of right but may not get Statutory Paternity Pay. If they don't qualify, the employer must tell them within 28 days, and why, using form SPP1.
How much Statutory Paternity Pay is
As of October 2026, the statutory weekly rate is £194.32, or 90% of average weekly earnings if that's lower. It's paid the same way as wages, weekly or monthly, with tax and National Insurance deducted. An employer can pay more through a company scheme, but never less than the statutory amounts.
Notice dates
- Tell your employer the baby's due date at least 15 weeks before it's due. GOV.UK's online form (previously SC3) does this, or use your employer's own form.
- At least 28 days before you want leave to start, tell them when you want it to start and whether you want 1 or 2 weeks.
- You don't need a precise date. You can say the day of the birth or one week after.
- To change the start date, give 28 days' notice.
You don't have to give proof of the pregnancy or birth. GOV.UK also notes a transitional rule: if the baby was due before 25 July 2026 and you'd been employed for less than 26 weeks by the qualifying week, the 15-week notice didn't apply, though the 28 days did. For babies due on or after 26 July 2026, both notice periods apply.
Appointments and other rights
Partners can take unpaid time off to go to 2 antenatal appointments, up to 6 and a half hours each. Permanent employees can ask for this straight away; agency workers need 12 weeks in the job first. Adopters get the same for 2 adoption appointments after being matched. During paternity leave, employment rights carry on, including pay rises, building up holiday and the right to return to work.
Adoption and surrogacy
The same 2 weeks apply. For pay, the 26 weeks of continuous employment are counted to the week you're matched with a child for a UK adoption, or to the week the child enters the UK or the week you want pay to start for an overseas adoption. Leave can start from the date of placement, the date the child arrives in the UK, or, for surrogate parents, the date of birth or the day after if you're working that day. Adopters claim within 7 days of being matched; surrogate parents claim within 28 days, or as soon as reasonably possible, before the leave or pay starts.
If the baby dies
Paternity Pay and Leave are still available if the baby is stillborn from 24 weeks of pregnancy, or born alive at any point. Leave already booked can be taken, and remaining leave can still be booked within 8 weeks of the death. Statutory Parental Bereavement Pay and Leave may also apply.
For employers
Put the day-one leave right in your handbook now, and keep the pay test separate in your payroll process: 26 weeks' service by the qualifying week and the £129 earnings threshold. Remember the SPP1 form within 28 days if someone doesn't qualify for pay. If you'd like support with policies, compare UK HR support services for small businesses, and make sure every new starter has given you their National Insurance number so statutory pay runs through payroll without a hitch.
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My verdict
Two weeks of leave is now a day-one right, but pay isn't, and that's the line to explain clearly to anyone expecting a baby. Diarise the 15-week and 28-day notices, check the 26-week and earnings tests for pay, and if you want to be a better employer than the minimum, a company scheme topping up the statutory rate is where it shows.
Frequently asked questions
How long is paternity leave in the UK?
Up to 2 weeks, taken together or as two separate one-week blocks, within 52 weeks of the birth.
Is paternity leave a day-one right?
Yes. GOV.UK says employees are eligible for Paternity Leave from the first day of employment.
How much is Statutory Paternity Pay?
As of October 2026, £194.32 a week or 90% of average weekly earnings, whichever is lower.
Who qualifies for Statutory Paternity Pay?
Employees with at least 26 weeks' continuous service by the qualifying week, average earnings of at least £129 a week, who stay employed to the birth and give correct notice.
When must I tell my employer about paternity leave?
The due date at least 15 weeks before, and your leave start date and length at least 28 days before you want it to start.
Can paternity leave start before the baby is born?
No. It can't start before the birth and must end within 52 weeks of it.
