Paternity Leave and Pay

The following guidance applies  in respect of children expected to be born on or after 6 April 2024 and in respect of a child(ren) who is/are expected to be placed for adoption with the adopter on or after 6th April 2024.

If your child was born/ placement date for adoption was before 6th April 2024, please see the end of this page.

When you take time off because your partner is having a baby, or you are adopting a child or having a baby through surrogacy, you may be eligible for one or two weeks of paternity leave and to receive Statutory Paternity Pay (SPP).

A quick and easy way to know if you are eligible for leave and pay is to use the Government calculator.

If you need advice on benefits you might be entitled to (other than Statutory Paternity Pay) during paternity leave please see our page here.

It is important to note that statutory paternity leave is not available if you have already taken shared parental leave, you must therefore use up your paternity leave before taking any shared parental leave.

Statutory entitlements is what you are eligible for as a minimum. It may be that your employer offers a more generous scheme so you should check any paternity leave and pay policies that your employer has.

Who can take paternity leave?

To take paternity leave, you must be either the biological father of the child, or be the partner, spouse or civil partner of the birth mother.

You do not have to be male or the father of the baby to take paternity leave. A non-birth parent may be eligible for paternity leave if they are the spouse, civil partner or partner of the child’s birth mother or adopter, and shares, or expects to share, the main responsibility for bringing up the child.

In adoption cases, you must be the partner, spouse or civil partner of the child’s primary adopter. This is usually the person taking adoption leave and pay. You cannot take statutory paternity leave and be paid statutory paternity pay if you have taken statutory paid time off to attend adoption appointments.

In surrogacy cases, at least one of the parental order parents must be the child’s biological parent, and the other parent must be their partner, spouse or civil partner.

Eligibility for paternity leave

You must be an employee to take paternity leave. You cannot be self employed or a worker (such as an agency worker). However, some workers can get Statutory Paternity Pay (SPP), if they are “employed earners” (where someone, for example an agency, pays employer’s national insurance).

In order to be eligible for paternity leave, you must:

• have or expect to have responsibility for the child’s upbringing;
• be the biological father of the child or be the child’s mother’s husband, civil partner or partner (see above);
• have worked continuously for your employer for 26 weeks ending with the week immediately prior to the 14th week before the expected week of childbirth (the ‘Qualifying Week’) or the ‘matching week’ in the case of adoption; and
• still be employed by your employer on the day the child is born.

You can use the government calculator to work out when the qualifying week is. For UK adoptions the ‘matching week’ for UK adoptions is the end of the week that you are matched with the child. For overseas adoptions it is the date the child enters the UK.

Paternity leave can be taken by more than one person for the same baby, as the biological father and the birth mother’s spouse/civil partner/cohabiting partner could all be eligible.

For the child’s father to be eligible he must expect to have responsibility for the upbringing of the child, but other partners  must expect to have the “main responsibility” (apart from the mother) for the child’s upbringing.

When can I go on paternity leave?

You can choose to take either a single period of one or two consecutive weeks of paternity leave or two non-consecutive blocks of one week each. Leave cannot start before the birth (or placement in the case of adoption), and it must end within 52 weeks after that date (or 52 weeks of the due date if the baby is early). Paternity leave must also be taken before any periods of Shared Parental Leave (SPL).

As paternity leave can be taken in two blocks of leave (one week each), you could choose to take a week after the birth of your child and a second week when the mother goes back to work, for example.

Leave can be taken:

• From the date of the baby’s birth, or placement date (in the case of adoption) whenever that takes place;
• From a chosen number of weeks after the date of the baby’s birth (whenever it is born) or placement date;
• Or from a chosen date that falls at any point after the due date, as long as the leave is completed within 52 weeks of the birth or placement.

You cannot start paternity leave before the birth or placement. If you have given notice and baby is not yet born, you must continue to work, and leave will start the day after the baby is born or the child is placed with you or on another day you have chosen. If you require time off before or during the birth, then you must use some other form of leave like annual leave or time off for dependants (if applicable).

A maximum of two weeks paternity leave is available even if more than one child (e.g. twins) is born.

If a baby is stillborn after 24 weeks of pregnancy or is born alive at any time but then dies, you still have the right to take paternity leave.

How to give notice

Notice of Entitlement

To take paternity leave you must give written notice of entitlement by the end of the qualifying week – which is the 15th week before the Expected Week of Childbirth (EWC) or no more than seven days after you and/or your Partner were notified of having been matched with the child, or as soon as is reasonably possible.

 The notice should include:

• the Expected Week of Childbirth or the Expected Placement Date; and
• a declaration that you satisfy the following conditions:

(a) that you have been continuously employed for a period of not less than 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child’s birth, and;

(b) that you are either:

(i) the father of the child and that you have or expect to have some responsibility for the child’s upbringing;  or

(ii) married to, the civil partner of or the partner of the child’s mother and you have or expect to have the main responsibility (other than that of the child’s mother) for the child’s upbringing.

Your employer may ask to you to use form SC3, which is provided by the HMRC, or to use the employer’s own version of the form.

Notice of Leave

In addition, you must also give a notice of leave on each occasion that a period of leave is requested which should:

• specify the start day or date of the period of leave and its duration (which may be a specified date after the start of the Expected Week of Childbirth or the Expected Placement Date, the actual date of birth or a specified number of days after birth or within the first year of birth); and

• include a declaration in writing that the purpose of that period of leave will be for the purpose of caring for a child or supporting the child’s mother.

This notice and declaration must be given at least 28 days before the date on which you wish to start your leave or if this is not possible, as soon as is reasonably possible.

Notice to confirm a child’s birth/Notice to confirm child’s placement

You are also required to provide notice to your employer as soon as is reasonably possible (in writing if required by your employer) confirming the date of birth/the placement date of your child.

Statutory Paternity Pay (SPP)

Most employees who are entitled to paternity leave will also be entitled to statutory paternity pay (SPP). SPP is paid by the employer (who can then reclaim payment from the government).

SPP is paid at a flat rate per week (see here for current rates) or 90% of average weekly earnings, if this is less. If you are paid weekly, average weekly earnings are based on your earnings in the eight weeks ending with the 15th week before the baby is due (or in the case of adoption, the matching week). If you are paid monthly, it is usually based on the last two pay dates before the end of the 15th week.

However, if your average weekly earnings in this period are less than the lower earnings limit for National Insurance, you will not qualify for SPP.

Some workers who are not entitled to paternity leave can still be entitled to SPP if they are an “employed earner” and meet the conditions of entitlement to leave other than being an employee. So if you are an agency worker and you have earned on average at least the lower earnings limit for National Insurance in the eight weeks ending with and including the 15th week before the baby is due, you would qualify for SPP

In order to claim SPP, you must give notice to your employer by the end of the 15^th week before the due date stating that you are the child’s  father or mother’s partner, that you will be responsible for the child’s upbringing, and that you are taking leave to care for the child or to support the mother in caring for the child.

If your employer decides you are not entitled to SPP, they should give you a written decision within 28 days of your notice (see below). If they do not give you a decision, or you think the decision is wrong, you can ask HMRC to make a decision for you. For more information, see our article on what to do if my employer does not give me statutory pay?

If you are not entitled to SPP, you may be able to claim Universal Credit (depending on your household income and circumstances) to cover your period of unpaid leave.

Your employer may offer better paternity leave and pay than the legal minimum described here, so you should always check your contract and employer policies. An employer does not have to offer more than the legal minimum but must not offer less than the legal minimum.

Frequently asked questions

Here are answers to some of the most common questions we receive on our free helpline.

If your child’s estimated week of childbirth/expected placement date for adoption is before 6th April 2024

You can choose to take either one or two consecutive weeks of paternity leave. Leave cannot start before the birth, and it must end within 56 days of the birth (or 56 days of the due date if the baby is early).

• From the date of the baby’s birth, whenever that takes place.
• From a chosen number of weeks after the date of the baby’s birth (whenever it is born).
• Or from a chosen date that falls at any point after the due date, as long as the leave is completed within 56 days of the birth.

For children expected to be born before 6 April, 2024

You must give notice for paternity leave and SPP by the end of the 15th week before the baby is due. If you have not given notice on time, give it as soon as possible. Your employer may ask to you to use form SC3, which is provided by the HMRC, or to use the employer’s own version of the form.

Your notice does not have to be on a form, as long as you give all the information required.

For leave you must state:

• When the baby is expected to be born (or the date of birth if the baby has already been born);
• Whether you want to take one or two weeks leave; and       
• When you want your leave to start.

For pay you must also state:

• Whether you want to receive one or two weeks’ SPP and when you want your pay to start; and
• That you are the baby’s father/mother’s partner and will be responsible for the baby’s upbringing, and that you will care for the child or support the child’s mother whilst getting SPP.

If you are applying for your leave and pay after a baby is born (for example, because the child arrives early, or you did not realise you had to give advance notice), remember that you must also state the actual date of birth. If you have given notice to your employer to take leave from the child’s birth, or from a set number of days after this, then you should let them know when the birth happens.

You can change your mind, but you need to give your employer’s at least 28 days’ notice.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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