Paternity leave and pay: what partners are entitled to in the UK
Knowing your paternity leave rights before your baby arrives means you can plan your time off with confidence and make sure your employer has the notice they need. UK law gives employed fathers and partners the right to take paid leave after the birth, and a separate scheme called Shared Parental Leave can open up considerably more time if your family wants to split it differently. This article explains how the rules work, what you will be paid, and what you need to do to claim it, drawing on GOV.UK guidance.
Who is entitled to paternity leave?
Paternity leave in the UK is available to three categories of people: the biological father of the baby, the mother's partner (whether married, in a civil partnership or living together), and the partner of someone who is adopting. The key requirement beyond those categories is continuous employment. You must have worked for the same employer without a break for at least 26 weeks, and that 26-week period must be complete by the 15th week before the baby's due date. In practical terms, this means if your baby is due in late September, you would need to have been with your employer continuously since around the start of January at the latest.
It is worth noting that the entitlement is tied to employment status. Agency workers and employees on zero-hours contracts may qualify provided they meet the continuous service threshold, but self-employed people have no entitlement to Statutory Paternity Pay because it is an employment benefit rather than a state benefit. If you are self-employed, you may be able to claim other forms of support, so it is worth checking GOV.UK directly for the most up-to-date information on your situation.
How long is paternity leave?
Statutory paternity leave is either one week or two consecutive weeks. You cannot split the two weeks across different points in time or take odd days here and there. If you choose to take two weeks, they must run back to back as a single uninterrupted block. This differs from the more flexible arrangements available under Shared Parental Leave, which is covered later in this article.
Your leave can begin on the day your baby is born, or you can choose a later start date, provided it falls within 56 days of the birth. If the baby arrives earlier than expected, your leave can still begin from the actual birth date, even if that is earlier than the start date you originally gave your employer. You do not need to commit to a precise start date at the time you give notice, only an indication of when you plan to begin.
Statutory Paternity Pay: what you will receive
While you are on paternity leave, most eligible employees receive Statutory Paternity Pay (SPP). The amount you receive is whichever is lower: a flat weekly rate set by the government, or 90 per cent of your average weekly earnings. For 2024 to 2025, the flat weekly rate is 184.03 pounds. SPP is paid for the same number of weeks as the leave you take, so one week of leave means one week of SPP, and two weeks of leave means two weeks of SPP.
Your employer pays SPP through payroll in the same way as your regular salary, and they then reclaim the majority of it from HMRC. You will pay income tax and National Insurance contributions on it in the normal way. Some employers choose to offer contractual or enhanced paternity pay that goes beyond the statutory minimum, so it is worth checking your contract or staff handbook to see whether your employer pays more than the legal floor.
To be eligible for SPP you must also be earning at least the Lower Earnings Limit for National Insurance, which is another threshold worth checking if your earnings are variable. If you earn below that limit you will not qualify for SPP, though you will still be entitled to take unpaid paternity leave if you meet the service criteria.
Telling your employer
You must notify your employer that you intend to take paternity leave at least 15 weeks before the baby is due. At the point of notification you need to provide three pieces of information: the expected week of the birth, how much leave you want to take (one week or two), and when you would like your leave to start. Your employer may ask you to put this in writing and to sign a self-certification form confirming your eligibility.
You are allowed to change your mind about the start date after you have given notice, provided you give your employer at least 28 days' notice of the change. If the baby arrives early and you want to start your leave immediately, you need to let your employer know as soon as reasonably possible.
Employers cannot refuse a paternity leave request from an eligible employee. The right to take leave is a legal entitlement, and your employer is also required to protect your job during your absence and to allow you to return to the same role on the same terms and conditions.
Shared Parental Leave: a more flexible option
Shared Parental Leave (SPL) is a separate scheme that operates alongside, not instead of, standard paternity leave. It becomes available when the mother or primary adopter decides to return to work before the end of their maternity or adoption leave entitlement. At that point, the remaining leave and pay can be converted into Shared Parental Leave and Pay and split between both partners in almost any combination they choose.
In total, up to 50 weeks of leave and 37 weeks of Shared Parental Pay can be divided between eligible partners. You can take it at the same time as each other, one after the other, or in multiple separate blocks, which gives families far more flexibility than the two-week paternity leave window on its own. Both partners must individually meet qualifying criteria related to employment, earnings and continuous service, and the process involves notifying both employers with a curtailment notice from the mother and a leave notice from the partner.
SPL is a more administratively involved process than standard paternity leave, but for families who want to share childcare responsibilities more evenly in the early months, or where one partner earns significantly more than the other, it can make a meaningful practical and financial difference. GOV.UK has a Shared Parental Leave planner tool that lets you map out different arrangements before you commit.
Paternity leave and self-employment
If you are self-employed, you do not have an employer to claim back SPP from and you do not qualify for Statutory Paternity Pay. There is no equivalent state payment for self-employed fathers and partners at the statutory paternity level. This is a gap in the system that affects a significant number of people, and it is worth planning your finances around the assumption that any time you take off after the birth will be unpaid. Some self-employed people may be eligible for other benefits depending on their household circumstances, so checking GOV.UK or speaking to Citizens Advice is worthwhile if you are in this position.
Frequently asked questions
How much paternity leave are fathers and partners entitled to?
Employed fathers and partners are entitled to 1 or 2 consecutive weeks of paid paternity leave from the day of birth. You cannot split the leave into separate periods.
How much is Statutory Paternity Pay?
Statutory Paternity Pay (SPP) is the lower of 184.03 pounds per week (in 2024/25) or 90% of your average weekly earnings. Your employer pays it and reclaims it from HMRC. Some employers offer enhanced paternity pay beyond the statutory minimum.
What is Shared Parental Leave?
If the mother returns to work before the end of their maternity leave, the remaining entitlement can be shared with their partner as Shared Parental Leave. Up to 50 weeks of leave and 37 weeks of pay can be split in various ways. Both partners must meet qualifying criteria.
When do I need to notify my employer?
You must tell your employer at least 15 weeks before the baby is due. You will need to provide the expected week of birth and when you intend for your leave to start.
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