Paternity leave
Paternity leave applies to the:
- Father of the child
- Mother’s husband or partner (including same-sex partners)
- Child’s legal adopter (who is not taking adoption pay and leave)
- Intended parent in a surrogacy arrangement
Paternity leave is now a day 1 right
This means that employees will be able to give notice to take paternity leave from their first day of employment.
Employees will no longer need to have 26 weeks of continuous service to take paternity leave, but they will need this service to qualify for statutory paternity pay (explained below).
This is set out in the government's bereavement, paternity and unpaid parental leave factsheet and The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying