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What is paternity leave in the UK? Rules, pay and 2026 updates explained

Marine de Roquefeuil
Last updated on 3 mins

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Summary

Key takeaways

  • Paternity leave in the UK lasts up to two weeks and can be taken after birth or adoption.

  • From April 2026, paternity leave and pay are day-one rights, with no minimum service requirement.

  • Statutory Paternity Pay (SPP) applies if earnings and notice conditions are met.

  • Leave can be taken as one block or two separate weeks.

  • Clear policies help employers manage requests fairly and stay compliant with current UK law.

Paternity leave gives eligible partners time off work to support their family after the birth or adoption of a child.

UK paternity leave rules, pay conditions, and eligibility criteria can feel complex at first, especially with recent legal updates. That’s why it’s essential for employees, employers, HR teams, and business owners to understand how paternity leave works in practice.

How can we define a paternity leave in the UK?

In the UK, paternity leave is the period that an eligible partner (including the father or nominated carer) can take off work when a child is born or is placed for adoption.

It is a legal right for employees who meet the qualifying criteria. Paternity leave is separate from maternity leave and parental leave.

Who can take paternity leave?

To qualify, someone must:

  • be employed (not just a worker or contractor), and

  • have worked continuously for the same employer for at least 26 weeks by the end of the 15th week before the baby is due (for birth) or before the matching week (for adoption), and

  • be the child’s father, the mother’s spouse or partner, or the expected primary carer’s partner, and

  • provide the correct notice and proof.

⚠️ Important update (from 6 April 2026):

Under new rules, paternity leave and pay will become a day-one right for new hires, meaning the 26-week qualifying period will no longer be required for eligibility. This change removes a major eligibility barrier for many employees. (Always check the latest gov.uk guidance when applying in payroll systems.)

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How long is paternity leave?

Eligible employees can take either:

  • one week, or

  • two consecutive weeks

…of paternity leave, not odd days, not split days.

For someone with a typical five-day workweek, two weeks equates to 10 working days, but the actual number of working days depends on the individual’s normal working pattern.

Leave must be taken within the first 52 weeks after the baby’s birth or adoption placement.

How much paternity pay is there?

If eligible, most employees can receive Statutory Paternity Pay (SPP) for the period they take off.

Current SPP rules (2026)

Paternity pay is either:

  • a flat weekly rate set by the government, or

  • 90% of the employee’s average weekly earnings,
    whichever is lower.

This pay is subject to income tax and National Insurance contributions, and should be processed through payroll.

Employers may choose to offer enhanced paternity pay above the statutory minimum; this will depend on company policy or employment contracts.

What’s changed for paternity leave in 2026?

As part of recent UK employment law reforms, paternity leave has been strengthened in 2026 to make it more accessible and fair.

The key update:

  • Paternity leave and pay are now day-one rights

  • Employees no longer need 26 weeks of service

  • Applies to births and adoptions on or after 6 April 2026

This change means employers must ensure policies, payroll systems, and manager guidance are up to date.

💡Good to know:

While eligibility rules changed, the length of leave (two weeks) and the statutory pay rate remain unchanged.

What notice and evidence are required to take paternity leave in the UK?

Employees must give notice to their employer by both:

  1. 1st requirement: Informing them of the expected week of childbirth (or adoption placement), and

  2. 2nd requirement: Notifying how much paternity leave they intend to take (1 week or 2), and when they plan to start.

This should be provided at least 15 weeks before the due date (for birth) or as soon as reasonably practicable for adoption.

Employers can ask for evidence of the expected birth or adoption.

How paternity leave interacts with other entitlements

  • Paternity leave is separate from maternity leave, shared parental leave, and parental leave.

  • Employees can request other leave (e.g., annual leave) before or after paternity leave, if agreed.

  • Taking paternity leave does not reduce maternity leave entitlements.

Paternity leave at a glance

Aspect Key details
Length of leave 1 or 2 consecutive weeks
Working days equivalent Depends on the employee’s normal working pattern
Eligibility requirement Must be employed and meet the qualifying period (updated in 2026)
Paternity pay Statutory Paternity Pay (SPP): government rate or 90% of average earnings (whichever is lower)
Notice required At least 15 weeks before the due date or adoption placement
Interaction with other leave Separate from maternity leave and parental leave

Frequently asked questions (FAQ) about paternity leave

Can paternity leave be split into two separate weeks?

No. Paternity leave must be taken as one single block of 1 or 2 weeks. Split weeks are not permitted under statutory rules.

Do all employees get paid paternity leave?

Employees qualify for Statutory Paternity Pay (SPP) if they meet eligibility criteria. Some employers offer enhanced pay as part of their company policy.

What happens if the baby is born early?

Employees can still give notice and take paternity leave; the rules allow for flexible notice timing around early births, but you must follow the formal notice requirements as closely as possible.

Can same-sex or adoptive partners take paternity leave?

Yes, parents of any gender who meet the qualifying criteria (including adoptive, same-sex partners and nominated carers) can take paternity leave when the child is placed for adoption or born.

Does taking paternity leave affect annual leave?

Paternity leave does not reduce statutory annual leave entitlements. Annual leave can usually be taken before or after paternity leave if agreed with the employer.

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