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
