Paternity leave

Supporting your employees through major life events is not only compassionate but also essential for fostering a positive work environment.

One such event is the arrival of a new child, and for many working fathers or partners in the UK, paternity leave is not only a vital benefit but a statutory employment right.

As an employer, understanding the ins and outs of paternity leave can help you better support your employees during this significant time in their lives.

So, let's delve into paternity leave, statutory paternity pay, and how you can support your employees who take paternity leave and pay.

What is paternity leave?

Paternity leave is time off work that eligible employees take following the birth or adoption of a child.

In the UK, fathers, partners, and the second parent in same-sex relationships, are entitled to take paternity leave to bond with their new child and support their partner during the early stages of parenthood.

However, it's not just limited to when a baby is born or when an employee is adopting a child, it can also be used when an employee is having a child through a surrogacy arrangement.

Who is eligible for parternity leave and pay?

Eligibility for biological or adoptive parents

Employees are eligible for statutory paternity leave and pay if they meet all of the following criteria:

• They are the child’s father, or they are married to / civil partner / partner of the mother (or birth parent), including same-sex partners.

• They are classed as an employee (not just a worker) for the purposes of paternity leave.

• They have been employed continuously by the same employer for at least 26 weeks by either:

  • The end of the 15th week before the expected week of childbirth (qualifying week).

  • The week they're matched with a child for UK adoptions (matching week).

• They earn at least the statutory earnings threshold (for pay).

• The leave is taken to care for the child or to support the mother/birth parent, and begins after the child is born (or after adoption placement).

For adoptive parents or those adopting via fostering-to-adopt arrangements: if one partner is the “main adopter,” the other partner may qualify for paternity leave and pay (rather than adoption leave), provided they meet the above criteria.

Eligibility in cases of surrogacy

For intended parents using a surrogacy arrangement, statutory paternity leave and pay are still available under certain conditions:

• The employee must be an intended parent, i.e. the person (or partner) who will become legally responsible for the child.

• They must intend to apply or have applied for a parental order (or equivalent legal parenthood transfer) within 6 months of the child’s birth.

• They must satisfy the same employment and earnings criteria as other employees: continuous employment for at least 26 weeks by relevant qualifying week, being on employer’s payroll, and meeting earnings threshold for pay eligibility.

• The leave must be taken to care for the child or support the partner, and cannot start before the baby is born.

If the employer requests, the employee may need to provide a written statement (for example, a statutory declaration from a solicitor) confirming intention to apply for the parental order.

How long can paternity leave last?

Statutory leave -one or two weeks

If an employee is eligible for statutory paternity leave, they are entitled to take either one week or two weeks of leave.

Even in the case of multiple births (for example, twins), the entitlement remains the same, the leave does not increase for more than one child.

A “week” of leave corresponds to the number of days the employee normally works in a week. For example, if the employee usually works four days per week, then one week of leave would consist of those same four working days.

Option to split leave into separate weeks

The two-week statutory entitlement does not have to be taken as one continuous block. The employee can choose to take one week of leave and then take the second week later, in other words, two separate one-week blocks.

This provides flexibility for example, one week immediately after birth, and another later when it better suits the family’s needs.

If the family wants more time off than the statutory two weeks, the employee may request additional leave through other mechanisms, such as annual leave, unpaid parental leave, or Shared Parental Leave (if eligible).

Note for employers

While an employee is on statutory paternity leave, their normal employment rights remain protected. This means:

• They continue to accrue their statutory (and any contractual) annual holiday entitlement during the period of paternity leave.

• They do not take annual leave at the same time as paternity leave as statutory leave and annual leave are separate entitlements.

Our absence management tool helps employers maintain clarity and avoid disputes by letting you log leave, track holiday and parental-leave entitlements, manage notifications and approvals, and store all HR records centrally and securely.

When can paternity leave be taken

Timing around birth, adoption or placement

Paternity leave can only begin after the child is born or after an adoption placement. Employees are able to take their leave within 52 days of the baby’s birth or placement, giving them flexibility to choose a start date that suits their family circumstances.

At the early notification stage, employees don’t have to commit to an exact start date. They can give you a general indication instead such as the due date or two weeks after the birth. This allows them to adjust the timing once the baby arrives while still keeping you informed.

Employers should be ready to accommodate paternity leave taken within this timeframe.

Notice requirements and how to confirm dates

Employees must tell you at least 15 weeks before the expected week of childbirth (EWC) that they intend to take paternity leave and pay. At this point, they only need to outline their planned window for leave, not the precise date.

Once they know the exact start date, they must provide 28 days’ notice. This should be given in writing and must include:

• The expected week of childbirth

• The chosen start date for paternity leave

• How long they intend to take (one or two weeks)

• Confirmation of their relationship to the child’s mother or primary adopter

You should make sure employees understand these requirements and know how to submit the necessary documents or forms.

Statutory paternity pay - who gets it and how much?

Weekly pay rate and 2025 update

Eligible employees may receive statutory paternity pay (SPP) when taking paternity leave. As of 6 April 2025, the standard weekly rate for SPP is £187.18 (or 90% of average weekly earnings, whichever is lower).

Employees are entitled to paid paternity leave also known as statutory paternity pay (SPP) if they earn at least £123 a week before tax and continue to work for the same employer until the child is born or placed with them.
This rate applies for up to two weeks of leave.

Pay eligibilty criteria

To qualify for statutory paternity pay, the employee must:

• be on your payroll and be employed continuously for at least 26 weeks by the relevant “qualifying week.”

• have average gross weekly earnings of at least £125 (for the 2025/26 period) in the 8-week “relevant period” before the qualifying week.

• be taking time off to care for the child or support their partner, and remain employed by you at the time of birth or placement (in adoption / surrogacy cases).

Employers should ensure that eligible employees are made aware of these criteria and that payments are processed correctly and on time.

How to support employees taking paternity leave

Clear internal policies and documentation

Supporting employees starts with clarity. Make sure your organisation has a clear, accessible paternity leave and pay policy that outlines eligibility, how to apply, required notices, and what pay employees can expect.

This policy should be easy to find, ideally stored on your HR platform and consistently shared during onboarding and contract updates. Clear documentation helps employees understand their rights and helps employers manage requests fairly and consistently.

Flexible working / return-to-work planning

Flexibility plays a big role in helping employees adjust to life as new parents. Offering options such as remote working, flexible hours, or a phased return can make the transition back to work more manageable.

Open communication is essential here: checking in during leave and ahead of their return helps you understand any support they may need and gives employees confidence that they can raise concerns about workload, scheduling, or adjustments.

Fair treatment and avoiding discrimination

Employees taking paternity leave must be treated fairly and with the same respect as those taking other types of leave. The law protects them from discrimination, bias, or negative treatment linked to their decision to take time off to care for their child.

If an employee feels they’re being treated unfairly, they have the right to raise a grievance and, if issues continue, to take the matter to an employment tribunal. Promoting equal treatment and a positive, inclusive culture ensures employees feel valued and supported, regardless of their family circumstances.

Paternity leave and pay advice for employers from BrightHR

As an employer, understanding and supporting employees through paternity leave, not only demonstrates your commitment to their wellbeing but also contributes to a positive workplace culture.

The first step towards achieving this is having the right tools in place to help you fully understand and support your employees.

BrightHR offers a range of such tools, including a 24/7 employment law advice line and an HR document library with hundreds of policy templates, guides and more, including a paternity policy that you can tailor specifically to your business needs.

Not a BrightHR customer? Experience these tools for yourself by booking a free product demo today