This fact sheet gives you FACTS and TIPS regarding your paternity leave rights. The below information is correct as of June 2026 and was kindly drafted for Pregnant Then Screwed by Law student volunteers from Chester Community Law Project (based within The University of Chester’s School of Law and Social Justice). To learn more about this project, click here.
PATERNITY LEAVE AND PAY
FACT: Paternity leave is the right to have time off work for fathers and partners after the birth or adoption of a child. Paternity leave and pay rules apply to all partners, regardless of gender.
How long does paternity leave last?
Statutory paternity leave lasts up to two weeks – you can choose to take a two-week block, or two separate blocks of one week. A week of leave is the amount of time you would usually work in a week. For example, if you only work Thursday and Friday then a week’s leave would be two days.
TIP: you do NOT have a legal right to take paternity leave in days here and there; you can only take it in blocks of a week (or both weeks at once). Your employer may have a more generous policy than that provided by law. You should check this.
How do I qualify for paternity leave?
For paternity leave, you must:
- be an employee
- have – or expect to have – responsibility for the child’s upbringing
- be the biological father of the child – OR – be the mother’s (or primary adopter’s) spouse, civil partner or partner
- give the correct notice (see below)
Paternity leave is a ‘day one right’ and can be taken from the first day of employment.
How do I qualify for statutory paternity pay?
You must:
- Meet all the requirements for paternity leave
- Have earned a minimum average amount (this is a figure set by the government each year: www.gov.uk/paternity-pay-leave/eligibility) in the 8 weeks ending with the 15th week before the expected week of childbirth or the date you are matched with a child for adoption.
- Have been continuously employed by your employer for at least 26 weeks, up to the end of any day in the 15th week.
What information will my employer need from me?
- When the baby is due, or when the child will be placed for adoption (or the date of birth or adoption if this has already passed)
- Whether you want to take one week or two weeks’ leave
- The date you want your leave to start
For statutory paternity pay (SPP) you must also state:
- Whether you want to receive two-weeks’ statutory paternity pay at once, or two blocks of one week at separate times
- When you want your pay to start
- 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 statutory paternity pay
TIP: You do not have to inform your employer of these things in writing BUT it is a very good idea to do so, to keep a paper trail in case of disagreements later.
When can I take paternity leave?
Paternity leave is now a day one right, which means that you will be eligible for paternity leave from the 1st day of employment. You can take paternity leave within 52 weeks of the baby’s birth or due date, but not before the baby is born.
Do I need to fill in a form?
Your employer may ask you to use a form, but there is no legal need for this.
Can I change my mind about when paternity leave starts?
Yes, you can change your mind about this by giving 28 days’ notice.
Can I start paternity leave before the birth/adoption to prepare?
No. Paternity leave cannot start before the baby is born/before the child is adopted. Paternity leave can only start from the day after the baby is born or the child is placed for adoption.
TIP: If you want time off before birth or adoption, you may choose to use annual leave, or your employer may have a more generous policy: you should check this.
Can the employer refuse paternity pay?
If your employer decides that you are not entitled to statutory paternity pay, they should give you a written decision within 28 days of when you give them notice of your wish to take it.
If they do not give you a decision, or you think the decision is wrong, you can ask HMRC to decide for you.
What happens if my partner dies?
From 6 April 2026, if the child’s mother or primary adopter dies within the first year after birth or placement for adoption, the surviving partner or father of the child can take bereaved partner’s paternity leave, which is also a ‘day one right’. This consists of up to 52 weeks of unpaid leave.
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