An Employer's Guide to Statutory Paternity Pay & Leave

UK employers must provide eligible employees with 1 or 2 weeks of statutory paternity leave (becoming a day-one right from 6 April 2026, no minimum service needed for the leave itself) when a partner gives birth, adopts, or uses surrogacy, with protected job rights during the absence. Statutory Paternity Pay remains tied to 26 weeks' continuous service plus earnings at or above the lower limit (£125/week now, £129 from April 2026), paid at £187.18/week currently to £194.32 from 6 April 2026, or 90% of average weekly earnings if lower, which employers pay and can mostly reclaim from the government (up to 109% for qualifying small employers from April 2026).

• What are the eligibility criteria for paternity leave and pay? (Paternity leave regulations)
• Which employees have paternity pay entitlement?
• What is contractual paternity pay?
• How much is paternity pay?
• Who pays paternity leave?
• Why wouldn’t an employee be entitled to pay?
• How do I know if my employee is entitled to Statutory Paternity Pay?
• How do I calculate an employee’s paternity leave and pay?
• Can employees get additional leave or pay for paternity leave?
• Is there a form employees need complete for paternity leave?
• What happens to an employee’s paternity leave if they lose the baby?
• What happens to employees’ paternity leave in surrogacy arrangements?
• Do employees have protected employment rights during paternity leave?
• Get help from Croner on paternity leave and pay

Paternity leave is an almost inevitable part of managing employees. All employees who meet the eligibility requirements are entitled to statutory leave when they are expecting a child or going through the adoption or surrogacy process. This is either paternity, shared parental leave, maternity leave or adoption leave.

In this article, we’ll explore the statutory rights for paternity leave in the UK. We’ll also highlight the process for statutory entitlement and the length of time an employee can take.

If you manage staff or own a business and you’re looking for specific support on how to manage paternity pay correctly, then contact Croner on 01455 858 132 to speak to our award-winning team.

Our expert staff can offer everything from a 24-hour advice line to tribunal representation.

What is statutory paternity pay?

Statutory Paternity Pay and Leave refers to the period directly after a child's birth that entitles parents, who are employees, to take time off work to support their partner or care for the child during the neonatal phase.

Paternity leave rights entitle eligible staff members to this type of absence from work. As with other forms of parental leave, paternity leave provides a baby's father or spouse, civil partner, or partner of the child’s mother with some time to spend with their new family.

When your employee takes time off after their partner has had a baby, adopted a child or where their partner has adopted a baby through a surrogacy arrangement, they might be eligible for:

• One or two weeks of paid Paternity Leave.
• Paternity Pay.
• Shared Parental Leave and Pay.

If one of your employees has a pregnant partner you should plan ahead before the baby is due. In order to manage your resources correctly, you need to ensure that you manage absence correctly and effectively.

How long is paternity leave?

Employees who meet entitlement criteria can choose to take either one week or two consecutive or non-consecutive weeks’ paternity leave. The length of time is the same even if they have more than one child (for example, twins). In other words, only one period of leave is available even if more than one child is born because of the same pregnancy or adopted as part of the same arrangement.

Paternity leave can’t start before the child's birth (unlike maternity leave). The start date must be either:

• The actual date of birth.
• An agreed number of days after the baby is born.
• An agreed number of days after the expected week of childbirth.

Leave can now be taken within one year of the child’s birth, or in adoption cases, of the child being placed with the employee. If an employee is adopting, they have the same timeframes. It can start the date on which the child is placed with the adopter, agreed number of days after child’s placement, or from specified predetermined date of expected date of placement. Leave must be taken within one year of the child being placed with the employee. 

An employee can, of course, use annual leave to extend the Paternity leave period if they wish. There is also unpaid parental leave and shared parental leave to consider.

What are the eligibility criteria for paternity leave and pay? (Paternity leave regulations)

To qualify for statutory paternity leave, an employee must meet one the following criteria:

• They must be the father (or expectant father) of the child (or children in cases of multiple births).
• They must be the spouse, civil partner, or partner of the child’s mother or main adopter – it includes same-sex partners.
• They must be the intended parent (if they’re having a baby through a surrogacy arrangement).

Your employees must also:

• Have a contract of employment and be officially classed as an employee (for paternity leave only).
• Must remain employed by the employer at the date of birth/placement.
• Earn at least £125 a week (gross) before tax on your payroll. From 6 April 2026, this will increase to £129/week.
• Must have been continuously employed with the employer for at least 26 weeks' continuing into the 15th week before the week the baby is due. However, due to the Employment Rights Act 2025, paternity leave (the right to take 1 or 2 weeks off from work) becomes a day-one right from 6 April 2026 — meaning eligible employees can take the leave from their first day of employment, with no minimum service requirement. Statutory Paternity Pay (SPP) remains subject to the 26-week continuous service requirement and meeting the Lower Earnings Limit (£125/week currently, rising to £129/week from 6 April 2026). Note: The Paternity Leave (Bereavement) Act 2024 already removes the service requirement in cases of the death of the child's mother or adopter; from 6 April 2026, new Bereaved Partner’s Paternity Leave provides up to 52 weeks’ unpaid leave as a day-one right if the child’s mother/primary adopter dies before the child’s first birthday.
• Plan on sharing parental responsibility for the care of the baby.
• Give you (the employer) the correct notice.

As a result of these requirements, certain individuals, such as agency workers or self-employed and contract workers, are not eligible for paternity leave. However, workers may be eligible for statutory paternity pay. 

Eligibility criteria for all parental leave and pay will be outlined in an employment contract.

There are additional rules for employees who are in specific situations that could affect their pay. For example, if an employee gets a backdated pay rise, then employers must:

• Recalculate their employee’s average weekly earnings (AWE).
• Pay the extra statutory paternity pay if applicable.

If an employee isn’t eligible for statutory paternity pay, employers need to recalculate their AWE, as they may now be entitled to it.

Which employees have paternity pay entitlement?

Your employees may be eligible for Statutory Paternity Leave or Statutory Paternity Pay. To qualify your employees should be:

• Father of the child, or spouse, civil partner or partner of the child’s mother, or their partner is expecting a baby.
• Having a baby via surrogacy.
• Adopting a baby via an adoption agency. (In the case of adoption employees may qualify for statutory adoption pay and leave. Employees will only be able to take one).

In all instances, the employee may be entitled to certain benefits. It is worth noting that paternity leave is different from maternity leave. Find out more on maternity leave and statutory maternity pay with this Croner calculator.

If the child is born early, the employee is still eligible for statutory paternity pay if they would have been continuously employed by you for at least 26 weeks up to any day in the qualifying week (the 15th week before the expected week of childbirth). 

The Neonatal Care (Leave and Pay) Act 2023 means you may also be able to get paid time off if your newborn baby is premature or sick and needs neonatal care. You can get one week's leave for every 7 full and continuous days your baby is in neonatal care, for up to 12 weeks. You can claim Statutory Paternity Pay on top of this, also.

What is contractual paternity pay?

Instead of offering your employees the bare minimum, you may choose to offer a rate of pay that is higher than the statutory requirement.

This is ‘contractual’ because the length and amount offered should be set out in your employee’s contract of employment. Whilst it’s up to you to decide how much to pay, it’s worth remembering that it can’t be lower than the statutory rate.

How much is paternity pay?

As of 6 April 2026, eligible employees receive SPP pay at either £194.32/week (or 90% of their average weekly earnings, whichever is lower).

As for how to calculate paternity pay, you can either calculate this manually or use the government website.

If you’d like to calculate it by yourself, the first step is to calculate the employee’s average weekly earnings. How you do this depends on how the employee is paid e.g. weekly or monthly, and when the ‘relevant period’ is for that employee.

It’s important to remember, however, that if the employee’s average weekly earnings during this period are less than the lower-earnings limit, they won't qualify for SPP.

Payment starts the day after the last day the staff member worked before starting their paternity leave.

Who pays paternity leave?

It’s not uncommon for you to wonder, “do employers have to pay paternity leave?”. The answer is always yes. Even if you don't offer contractual paternity pay, employees are still entitled to statutory paternity pay, providing they meet the eligibility requirements.

It’s your responsibility to make these payments, although you can reclaim up to 92% of the amount of these payments from the Government. It’s worth noting, if your business qualifies for a Small Employers’ Relief, you can reclaim up to 108.5% of the original payment under current rules. From 6 April 2026, this will increase to 109% (100% + 9%) for qualifying employers for the 2026-27 tax year.

For self-employed workers, paternity pay is out of the question. This is because only staff members with an employment contract can be entitled to Paternity Leave. With that in mind, it’s important to have a plan in mind for managing family affairs and upcoming expenses before the baby arrives.

Whilst workers aren’t eligible for paternity leave, they may qualify for paternity pay if they meet the criteria for qualification.

If they do, they should write to their employer at least 28 days before they want payment to begin, stating:

• The worker’s name.
• When the baby is due.
• When they would like payment to begin.
• Whether they want one or two weeks’ pay.

Remember, your employee or worker must ask for statutory paternity pay in writing. This must be provided no later than 15 weeks before the baby is expected to be born/placed.

Here are some of the details they need to include:

1. Birth – Notice of entitlement

First, the employee must give their employer notice of their entitlement to take paternity leave in or before the 15^th week before the expected week of the child’s birth.

2.The notice must specify the expected week of birth and must include a signed declaration that:

A). The employee is either the father of the child or married to the partner of the child’s mother, but not the child’s father;

1. B) If the employee is the father, that they have or expect to have responsibility for the upbringing of the child; and
2. C) If employee is the mother’s husband or partner but not the child’s father, they must expect to have the main responsibility (apart from any responsibility of the mother) for the upbringing of the child.

3. Birth – Notice of leave

Then, once the employee has chosen the dates of each occasion of their paternity leave, they are required to give their employer a further notice, in writing, of:

1. A) When they want their leave to start and
2. B) The length of leave they want to take

4. The employee must also give their employer a signed declaration that they are taking leave for the purpose of caring for a child or supporting the child’s mother.

5. If the employee wants to take leave starting on the date of birth, they need to give their employer notice of leave at least 28 days before the first day of the expected week of the child’s birth.

How do I know if my employee is entitled to Statutory Paternity Pay?

Paternity leave entitlement in the UK allows your staff who are off work for this reason to be paid, but only if they qualify for paternity leave.

Employees on statutory paternity leave may be entitled to receive statutory paternity pay. The standard weekly pay rate for this is currently £187.18, or 90% of their average weekly earnings. Whichever is lower.

If you decide to offer contractual paternity pay, remember the rate of pay cannot be lower than the statutory rate.

It’s essential to set out the length and amount they’re entitled to in their contract of employment.

How do I calculate an employee’s paternity leave and pay?

Check out this useful GOV guide for calculating paternity leave and pay using their maternity and paternity calculator.

Can employees get additional leave or pay for paternity leave?

There are instances where your employees are entitled to additional leave or pay. For example:

• If their partner returns to work and they qualify for shared parental leave and pay.
• Your organisation may run a contractual pay scheme which offers more leave or pay.

Irrespective of whether you run this kind of scheme or not, it is imperative that your paternity leave and pay policies are clear and easily accessible to all staff.

Is there a form employees need complete for paternity leave?

To claim paternity leave and pay, employees will to provide you with a completed copy of a paternity leave online form. Also, employers can ask that the employee fills out information using their own tailored form.

For employees adopting, they’ll need to fill out this online form to apply for leave within seven days of matching with a child.

Employees are required to inform you of:

• The estimated due date.
• When they’d like to start their leave.
• Whether they want one or two weeks’ leave.

Remember, the employee must notify of eligibility by the 15th week before the expected week of childbirth. Then notice of leave dates must be given with 28 days’ notice. In adoption cases, notice of entitlement and notice of leave dates must be given within 7 days of being matched with the child.

Although not necessary, most employers request this in writing. consistency, consider using the paternity leave letter template. Remember you’ll need to adapt it to your specific requirements.

Remember, the worker must also confirm in writing that they are either:

• The child’s father.
• Married to, the civil parter or partner of the mother or birth parent – this includes same-sex partners.

What happens to an employee’s paternity leave if they lose the baby?

In this tragic circumstance, the employee would still qualify for paternity leave and pay if they still meet the normal eligibility criteria and if the baby is:

• Born alive at any point in the pregnancy but later dies.
• Is stillborn from 24 weeks of pregnancy onwards

You can take any leave you booked before losing the baby. If after losing the baby you have leave left to book, you can still book and take this. You must do this within 8 weeks of the death.

What happens to employees’ paternity leave in surrogacy arrangements?

If parents have the intention of having a child through a surrogacy arrangement, they may qualify for Statutory Paternity Leave and Pay.

To be eligible, the employee must give you a written statement to confirm that they’ve applied or intend to apply for a parental order. This must take place in the 6 months following the baby’s birth.

Do employees have protected employment rights during paternity leave?

An employee’s employment rights, such as pay, pay rises, pension contributions, holidays and returning to a job, are protected during paternity leave. However, they won't get their usual pay if they do receive Statutory Paternity Pay (SPP).

Employers are still required to pay Statutory Paternity Pay even if they cease trading if they can, if not they would have to claim it from the Government.

Get help from Croner on paternity leave and pay

Paternity leave and pay can be tricky issues to get right. If your staff believe they have received unfair treatment then this could leave your organisation open to tribunal claims.

Clear contracts and documentation are vital, and an employee should be able to claim statutory paternity pay and claim paternity leave with ease.

If you’d like to find out more information on any of the topics mentioned in this article, please contact Croner on 01455 858 132.