Paternity leave provides two weeks off for new fathers, or for the partner of the mother, birth parent or adopter. Paternity leave is a day-one right, but different rules apply to pay. This guide explains how paternity leave and pay work, who qualifies, and how to use it as part of your plan.
What is paternity leave?
Paternity leave is statutory time off work for the child’s father, or for the mother or birth parent’s partner. It is designed to give them time to care for the child and support the mother or birth parent after the birth.
Although the legal term is statutory paternity leave, the entitlement is not limited to fathers. It can apply to fathers, spouses, civil partners and partners of the mother or birth parent, including same-sex partners, if the eligibility conditions are met.
How much paternity leave can I take?
Statutory paternity leave is up to two weeks in total. The same two-week entitlement applies even if you have more than one child at the same time. You can choose how to use those two weeks:
- two separate blocks of one week
- one block of two weeks
A week of paternity leave is based on your normal working pattern. If you usually work five days a week, one week of paternity leave is five working days. If you work two days a week, one week is two working days.
When can paternity leave start?
Paternity leave cannot start before the birth. It must end within 52 weeks of the baby's birth, or within 52 weeks of the due date if the baby is born early. Depending on what your family needs, you might choose to take:
- one week immediately after the birth and one week later in the year
- two weeks together straight after the birth
- one week when the baby arrives and one week when the birth parent's support needs change
- paternity leave before or after a period of Shared Parental Leave
Who qualifies for paternity leave?
From 6 April 2026, statutory paternity leave is a day-one right for employees. That means you no longer need 26 weeks' continuous service to qualify for the leave itself. This is an important change — but it does not mean everyone will receive statutory paternity pay. Leave and pay are governed by different rules.
To take statutory paternity leave, you generally need to:
- be an employee
- have, or expect to have, responsibility for bringing up the child
- be the child's father, or the spouse, civil partner or partner of the mother or birth parent
- be taking the leave to care for the child or support the child's mother or birth parent
- give the required notice
If you are not classed as an employee, your position may be more complicated. Check your employment status carefully, especially if you are an agency worker, casual worker or contractor.
How much is Statutory Paternity Pay?
Statutory Paternity Pay is paid for up to two weeks if you qualify. The current statutory rate is £194.32 per week, or 90% of your average weekly earnings if that figure is lower.
The payment is made in the same way as your normal wages. Tax and National Insurance are deducted, and pension contributions or student loan repayments may also apply depending on your circumstances.
Who qualifies for Statutory Paternity Pay?
Statutory Paternity Pay has stricter rules than paternity leave. To qualify, you usually need to:
- be the father of the expected baby, or the partner, spouse or civil partner of the mother or birth parent
- have been continuously employed by the same employer for at least 26 weeks up to any day in the qualifying week
- still be employed by the same employer at the time of the birth
- earn on average at least £129 a week over the relevant eight-week period
- give the correct notice
What is enhanced paternity pay?
Enhanced paternity pay is extra pay and sometimes leave provided by your employer, above the statutory minimum. It is sometimes called contractual paternity pay or occupational paternity pay. Examples include:
- two weeks at full pay
- four weeks at full pay
- an extended number of paid leave weeks
- a gender-neutral parental leave policy
Enhanced paternity pay is entirely employer-specific, so it is worth checking the detail before you finalise your plan. Things worth confirming include:
- whether you qualify from day one or need a minimum service period
- whether statutory pay is included in the enhanced amount
- whether there is a repayment clause if you do not return
- whether taking Shared Parental Leave affects enhanced paternity pay
- whether paternity leave can be split in the way you want
Can I take paternity leave and Shared Parental Leave?
Yes — if you qualify, you can take paternity leave and Shared Parental Leave in either order. This matters because Shared Parental Leave can sometimes be used to extend the partner's time at home beyond the two-week paternity leave entitlement.
For example, a partner might take:
- two weeks paternity leave after the birth
- annual leave after paternity leave
- a later block of Shared Parental Leave when the birth parent returns to work
- Shared Parental Leave before taking the second week of paternity leave
The right plan depends on your eligibility, your employer's policy, your household finances and how much maternity leave or pay the birth parent plans to take.
Can I take annual leave as well?
Yes, subject to your employer's normal holiday approval rules. Annual leave is one of the most common ways to extend the statutory paternity leave period. For example, a partner might take:
- two weeks paternity leave plus one week annual leave
- one week paternity leave at birth, one week annual leave, and the second paternity week later
- annual leave before the due date, because paternity leave cannot start before birth
- annual leave before or after a Shared Parental Leave block
Annual leave is usually managed under normal holiday rules, so give your employer as much notice as you reasonably can.
Can my employer refuse paternity leave?
If you qualify and give the correct notice, statutory paternity leave is a legal entitlement which your employer cannot simply refuse. Notice rules do matter, though, and your employer may need clear dates for payroll and workforce planning.
If your employer offers enhanced paternity leave beyond the statutory minimum, the rules for that enhanced element will depend on the employer's own policy.
What notice do I need to give?
You need to tell your employer that you are having a baby, that you plan to take paternity leave, and the expected week of childbirth. The standard rule is that you give the required information before the end of the qualifying week — the 15th week before the baby is due — and at least 28 days' notice of the dates of each period of leave.
There are transitional notice rules for some parents affected by the April 2026 change. Fathers and birth partners who become newly eligible because paternity leave has become a day-one right may be able to give 28 days' notice instead of 15 weeks if the due date is between 5 April and 25 July 2026. For most future births, the standard 15-week notice point will apply again.
What if the baby is early or late?
Birth dates do not always follow the plan. If the baby arrives early or late, tell your employer as soon as you can. You may need to change the start date of your leave if the baby is born early, born late, born prematurely, or needs to stay in hospital.
If the baby needs neonatal care, there may also be separate neonatal care leave and pay rights. These are distinct from ordinary paternity leave and may be relevant if the baby receives neonatal care for a qualifying period.
Do I have to repay paternity pay if I do not return to work?
You do not have to repay statutory paternity pay if you do not return to work after paternity leave. Enhanced or contractual paternity pay can be different — a contract may require repayment of enhanced paternity pay if the employee does not return, but the contract must be clear about the circumstances.
Before accepting enhanced paternity pay, check whether there is a return-to-work condition attached.
Common paternity leave planning mistakes
Assuming day-one leave means day-one pay
Since April 2026, paternity leave is a day-one right, but Statutory Paternity Pay still has qualifying service and earnings rules. The two are not the same.
Using both weeks immediately without considering later needs
Some families benefit from saving the second week for a later point in the first year — for example, when the birth parent returns to work.
Forgetting annual leave
Annual leave may be the simplest way to extend time at home, especially when statutory paternity leave on its own feels too short.
Ignoring Shared Parental Leave
If the birth parent does not plan to use their full entitlement of maternity leave or pay, SPL may allow the partner to take a more substantial period of leave.
Not checking enhanced policy rules
Enhanced paternity pay may have service requirements, notice requirements or repayment terms that affect your plan.
Not planning around monthly pay
Two weeks of statutory paternity pay may create a noticeable income drop, particularly if your employer does not top it up.
Paternity leave planning checklist
Before finalising your plan, check:
- Are you classified as an employee?
- Do you qualify for statutory paternity leave?
- Do you qualify for Statutory Paternity Pay?
- Does your employer offer enhanced paternity pay?
- Do you qualify for Shared Parental Leave?
- What notice or forms does your employer need?
What to do next
Paternity leave is short, so make the timing count. Think about when those two weeks will help most: immediately after the birth, later in the first year, and how you might be able to use them alongside other leave types you have available to you.
The best plan depends on your employer’s policy, your partner’s leave dates, your childcare needs and the impact on household income.
Put it into practice
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