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Paternity leave and pay

Eligible employees are entitled to statutory paternity pay and leave. Read government guidance on your responsibilities as an employer, and expert advice on fitting paternity leave around school holidays.

Last reviewed on 4 April 2024See updates
School types: All•School phases: All•Ref: 1797
Contents
  1. Paternity pay and paternity leave have different eligibilities
  2. Statutory paternity leave is 1 or 2 weeks
  3. Statutory paternity pay
  4. Paternity leave and pay for adoption
  5. You may choose to let employees split paternity leave
  6. Employees may request shared parental leave

Paternity pay and paternity leave have different eligibilities

Please note: The DfE's guidance on paternity pay and leave has not yet been updated to reflect the 2024 regulations.

Paternity leave applies to the:

  • Father of the child
  • Mother’s husband or partner (this includes same-sex partners)
  • Child’s legal adopter (who is not taking adoption pay and leave)
  • Intended parent in a surrogacy arrangement

To qualify for paternity leave, a person must:

  • Be an employee, and have been continuously employed for at least 26 weeks by the time the due date is 15 weeks away (the ‘qualifying week’)
  • Notify the employer at least 4 weeks (28 days) before the due date

Be employed up to the due date, and have been continuously employed for at least 26 weeks by the time the due date is 15 weeks away (the ‘qualifying week’) Earn at least £123 per week before tax Notify their employer at least 15 weeks before the