Quick Answer: What Is the Paternity Leave Entitlement?
Eligible employees are entitled to up to 2 weeks of statutory paternity leave. Since April 2024, this can be taken as one block of 2 weeks, two separate blocks of 1 week, or one block of 1 week. Statutory Paternity Pay (SPP) is £194.32 per week (from April 2026) or 90% of average weekly earnings, whichever is lower.
| Entitlement | Detail |
|---|---|
| Leave duration | 1 or 2 weeks (employee's choice) |
| How it can be taken | One block of 2 weeks, two blocks of 1 week, or one block of 1 week |
| Statutory Paternity Pay | £194.32/week (from April 2026) or 90% of average weekly earnings (whichever is lower) |
| Must be taken within | 52 weeks of birth or placement (changed from 56 days in April 2024) |
What Changed in April 2024?
The Paternity Leave (Amendment) Regulations 2024 made significant changes:
| Before April 2024 | From April 2024 |
|---|---|
| Leave must be taken in one block of 1 or 2 weeks | Leave can be split into two separate 1-week blocks |
| Must be taken within 56 days of birth/placement | Must be taken within 52 weeks of birth/placement |
| 15 weeks' notice required | 28 days' notice required for each block |
| Leave dates must be specified in advance | More flexibility to vary dates |
These changes apply to babies due on or after 6 April 2024 and children placed for adoption on or after that date.
Eligibility for Statutory Paternity Leave and Pay
Who Qualifies?
To be eligible, the employee must:
- Be the biological father of the child, or the spouse, civil partner, or partner of the mother/adopter
- Have 26 weeks' continuous employment with you by the end of the 15th week before the expected week of childbirth (or by the week they are matched with a child for adoption)
- Have average weekly earnings at or above the Lower Earnings Limit (£129/week for 2026/27) for SPP
- Be taking time off to care for the child or support the mother/adopter
- Give you proper notice
Notice Requirements
| Requirement | Deadline |
|---|---|
| Intention to take paternity leave | By the 15th week before EWC (or within 7 days of being matched for adoption) |
| Each block of leave | At least 28 days before the start of each block |
| Varying a date | At least 28 days' notice of the change |
The employee must provide a written declaration (SC3 or SC4 form, or your own form) confirming their relationship to the child and their eligibility.
How Paternity Leave Works in Practice
Scenario 1: Two Weeks Together
The most common arrangement. The employee takes 2 consecutive weeks off starting from the date of birth, a chosen date after the birth, or a chosen number of days after the birth.
Scenario 2: Split Into Two Blocks (New from April 2024)
The employee takes 1 week at the time of birth and saves the second week for later -- perhaps when the mother returns to work or at another significant point in the first year.
Example: Baby born on 1 March 2026. Father takes week 1 from 1-7 March and week 2 from 1-7 September to coincide with the mother's return to work.
Scenario 3: One Week Only
The employee chooses to take just 1 week of paternity leave.
Pay During Paternity Leave
Statutory Paternity Pay (SPP) 2026/27
| Rate | Amount |
|---|---|
| SPP weekly rate | £194.32 or 90% of average weekly earnings (whichever is lower) |
| Duration | 1 or 2 weeks (matching leave taken) |
How SPP Is Funded
Employers can recover SPP from HMRC:
| Employer Size | Recovery Rate |
|---|---|
| Small employer (NI contributions ≤ £45,000) | 103% (100% + 3% compensation) |
| Other employers | 92% |
Recover SPP by reducing your monthly HMRC payment (PAYE, NI, student loan deductions) by the amount of SPP paid, or by submitting an Employer Payment Summary (EPS).
Enhanced Paternity Pay
Many employers offer enhanced paternity pay above the statutory minimum. Common approaches:
- Full pay for 1-2 weeks -- the most common enhanced arrangement
- 50% pay for 2 weeks -- a middle ground
- Company rate (e.g., 90% of salary) for 2 weeks
- Matching maternity/primary carer leave -- some progressive employers offer 6-12 weeks at full or partial pay
Business Case for Enhanced Paternity Pay
- Attracts and retains employees who are fathers or planning families
- Signals commitment to gender-equal parenting (reduces the "motherhood penalty" by normalising paternity leave use)
- Improves employee engagement and loyalty
- CIPD research shows men in companies with enhanced paternity pay are more likely to take their full entitlement
Clawback Clause
Enhanced pay can be conditional on returning to work after leave -- for example, requiring repayment if the employee leaves within 3-6 months of return. This is legally permitted if applied consistently and documented clearly in your paternity leave policy.
Employer Obligations During Paternity Leave
During paternity leave:
- The employment contract continues -- all terms and conditions apply except wages
- Annual leave continues to accrue
- Pension contributions continue during the paid period (employer contributions based on normal pay; employee contributions based on actual SPP received)
- The employee is protected from unfair dismissal and detriment for taking paternity leave -- dismissing an employee for taking or requesting paternity leave is automatically unfair dismissal, regardless of length of service
- They have the right to return to the same job on the same terms
Note on Keeping in Touch (KIT) days: Unlike maternity leave, there is no statutory provision for KIT days during paternity leave. However, you can agree informally for an employee to do some work during paternity leave without it ending the leave.
HR Checklist: Managing Paternity Leave
When an Employee Announces a Pregnancy or Adoption
- Confirm eligibility (26 weeks' service by qualifying week)
- Share the paternity leave policy (or signpost to it in your employee handbook)
- Remind the employee of the notice deadline (28 days before the start of each block)
When the Employee Gives Notice
- Confirm receipt of notice in writing
- Confirm the start and end date of each leave block
- Calculate SPP entitlement
- Notify payroll to process SPP from the correct date
- Arrange cover for the employee's absence
- Set up reclaim of SPP via payroll (PAYE reduction)
During Paternity Leave
- Continue pension contributions based on normal pay
- Continue accruing annual leave on the employee's record
- Do not contact the employee about work unless they have agreed to stay in touch
When the Employee Returns
- Confirm the return-to-work date
- Check if the employee wants to take any accrued annual leave immediately after paternity leave
- Update HR records to reflect paternity leave period
Paternity Leave vs Shared Parental Leave
| Feature | Paternity Leave | Shared Parental Leave |
|---|---|---|
| Maximum duration | 2 weeks | Up to 50 weeks (shared with mother) |
| Pay | SPP for up to 2 weeks | ShPP for up to 37 weeks (shared) |
| Flexibility | Two blocks of 1 week or one block of 2 weeks | Can be taken in multiple blocks with employer agreement |
| Notice | 28 days | 8 weeks |
| Eligibility | 26 weeks' service | Both parents must meet eligibility criteria |
Employees can take both paternity leave and shared parental leave, but the total shared parental leave available is reduced by any maternity leave or pay the mother has already used.
Common Employer Mistakes
- Refusing to split leave into two blocks -- since April 2024, this is the employee's right
- Requiring leave within 56 days -- the window is now 52 weeks from birth
- Not allowing employees to change their dates with 28 days' notice
- Not continuing benefits during paternity leave
- Treating paternity leave less favourably than other types of leave -- this could be sex discrimination
- Failing to recover SPP from HMRC (losing money unnecessarily)
Using Grove to Manage Paternity Leave
Grove tracks paternity leave entitlements, manages the new flexible booking options, and calculates SPP automatically. Employees can request leave through the system, and managers receive notifications for approval.
Get started with Grove and simplify your paternity leave administration.
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Rachel Richardson
Head of Growth & Marketing, Grove HR
Rachel leads growth and marketing at Grove HR, with over a decade of experience in UK HR technology. She writes practical guides to help small businesses navigate employment law and build better workplaces.
Frequently Asked Questions
Can an employee take paternity leave in two separate weeks?
Yes, from April 2024. The employee can take their 2-week entitlement as two separate 1-week blocks at different times within the first 52 weeks after birth or adoption placement. They need to give at least 28 days notice for each block.
Can agency workers or contractors take paternity leave?
Agency workers and contractors who are employees of the agency may be entitled to statutory paternity leave and pay if they meet the eligibility criteria (26 weeks continuous employment and minimum earnings). Self-employed contractors are not entitled to paternity leave or SPP.
What if the baby is born early or late?
If the baby is born early, the employee can start paternity leave from the actual date of birth, even if this is before their planned start date. If the baby is late, the employee can adjust their leave dates with 28 days notice if possible, or start from the actual date of birth.
Do fathers have to take paternity leave?
No. Paternity leave is an entitlement, not an obligation. The employee can choose to take 1 week, 2 weeks, or no paternity leave at all. They cannot be pressured to take or not take paternity leave.
Can I refuse a paternity leave request?
No. If the employee meets the eligibility criteria and gives proper notice, you must grant the leave. Unlike flexible working requests, there is no statutory ground for refusing paternity leave. Refusing could result in claims for detriment or unfair dismissal.
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