Paternity leave and statutory paternity pay (SPP) are statutory entitlements under the Employment Rights Act 1996 and the Statutory Paternity Pay Regulations 2015, giving eligible fathers or partners up to two weeks of paid leave after the birth or adoption of a child.
Understanding the precise eligibility thresholds, notice obligations, and payment calculations is crucial for employees across England, Wales, Scotland and Northern Ireland, as well as for employers who must comply with ACAS guidance and HMRC reporting duties.
Quick Answer: Statutory paternity leave in the UK is up to two weeks of paid leave for eligible fathers or partners, and it is paid at the statutory paternity rate. Eligibility requires at least 26 weeks continuous employment and a qualifying birth or adoption event.
Key Takeaways
- You must have 26 weeks continuous service by the 15th week before the expected week of childbirth to qualify.
- Provide at least 15 days' written notice to your employer, including the intended start and end dates.
- Statutory paternity pay is paid at the lower of £[current rate] per week or 90% of your average weekly earnings.
- Employers cannot refuse a valid paternity leave request, and any breach may lead to tribunal claims.
- Keep copies of all correspondence and the completed HR form (SC3) to avoid payment delays.
What is paternity leave and how is it defined under UK law?
Quick Answer: Paternity leave is a statutory entitlement of up to two weeks of leave for a father or partner following the birth or adoption of a child.
It is defined in the Paternity and Parental Leave Regulations 1999 (SI 1999/2564) as “paternity leave” for an employee who is the biological father, the mother’s partner, or the adopter’s partner. The leave may be taken as a single block of one or two weeks, or as two separate weeks, and must be taken within 56 days of the child’s birth or placement.
Leave is not available to employees who are already on shared parental leave for the same period, and it does not apply to self‑employed workers.
Who is eligible for statutory paternity leave in the United Kingdom?
Quick Answer: Any employee who meets the employment and relationship criteria can claim statutory paternity leave.
Eligibility requires (i) a contract of employment with the employer, (ii) a continuous employment period of at least 26 weeks by the 15th week before the expected week of childbirth (or placement for adoption), and (iii) a qualifying relationship – the employee must be the child’s biological father, the mother’s partner (including same‑sex partners), or the adopter’s partner. The same rules apply in England, Wales, Scotland and Northern Ireland.
Employees on fixed‑term contracts, agency workers, or those who have not satisfied the 26‑week test are excluded.
What are the qualifying criteria for statutory paternity pay across England, Wales, Scotland and Northern Ireland?
Quick Answer: Statutory paternity pay (SPP) is payable to eligible employees who have earned enough National Insurance contributions.
The qualifying criteria are set out in the Social Security Contributions and Benefits Act 1992 (s 83A) and the Paternity Regulations 1999. An employee must have average weekly earnings at or above the Lower Earnings Limit (£ 123 per week in 2024/25) and must have paid Class 1 NICs in at least 13 of the 66 weeks leading up to the qualifying week (the 15th week before the expected week of childbirth). The same thresholds apply throughout England, Wales, Scotland and Northern Ireland.
Employees who are on a career break, unpaid leave, or who have insufficient NICs are ineligible for SPP.
How does length of continuous employment affect paternity leave entitlement?
Quick Answer: A minimum of 26 weeks’ continuous service is required to qualify for statutory paternity leave.
The 26‑week test is measured up to the 15th week before the expected week of childbirth (or placement for adoption) and is prescribed by the Paternity and Parental Leave Regulations 1999. Employees who have not met this threshold are not entitled to statutory paternity leave or pay, although they may be able to negotiate discretionary leave with their employer.
Continuous employment includes periods of paid sick leave, maternity leave and parental leave, but excludes breaks in service such as redundancy or resignation.
What notice and documentation must an employee provide to claim paternity leave and pay?
Quick Answer: Employees must give at least 15 days’ written notice and supply a MATB1 or adoption matching certificate.
Under the Paternity Regulations 1999, the employee must notify the employer in writing of the intended leave dates, the date of birth or placement, and provide a copy of the MATB1 form (or adoption certificate) no later than 15 days before the start of leave. The notice must also include a declaration that the employee meets the eligibility criteria.
Failure to provide the required documentation on time may result in the employer lawfully refusing the leave or pay, and may affect any subsequent shared parental leave claim.
What obligations does an employer have when an employee requests paternity leave?
Quick Answer: Employers must acknowledge the request, confirm entitlement, and pay statutory paternity pay if the employee qualifies.
Upon receipt of a valid notice, the employer must (i) confirm in writing the employee’s entitlement to two weeks’ leave, (ii) provide the employee with a written statement of the statutory paternity pay rate and payment dates, and (iii) ensure that the employee’s contractual benefits (e.g., accrual of annual leave) continue during the leave, as required by the Employment Rights Act 1996 and the Paternity Regulations 1999.
Employers may not treat the employee unfavourably for taking leave; any detriment could give rise to an unfair dismissal or discrimination claim.
What are the key deadlines for notifying an employer about paternity leave?
Quick Answer: Notice must be given at least 15 days before the leave starts, and the employee must confirm the exact dates within 30 days of the birth or placement.
The Paternity Regulations 1999 set a 15‑day notice period for the initial request, which must include the intended start and end dates. After the child is born or placed, the employee must provide the employer with the confirmed dates of leave within 30 days, together with the MATB1 or adoption certificate.
If the employee fails to meet these deadlines, the employer may lawfully refuse the leave or statutory pay, and the employee may lose the right to claim shared parental leave for the same period.
How is statutory paternity pay calculated and when is it paid?
Quick Answer: SPP is paid at the lower of the statutory rate (£ £[2024/25 rate] per week) or 90 % of the employee’s average weekly earnings, for up to two weeks.
As of 2024/25, the statutory rate is £ £[2024/25 rate] per week (subject to annual uprating). The calculation follows the formula in the Social Security Contributions and Benefits Act 1992: the employee receives the statutory rate unless 90 % of their average weekly earnings (derived from the 8‑week period preceding the qualifying week) exceeds that figure, in which case the higher amount is payable. Payments are made on the employer’s normal payroll cycle, usually within the same week as ordinary wages.
Employers must keep records for at least three years and may be required to provide a payslip breakdown if the employee requests it.
Can a father on paternity leave also claim shared parental leave?
Quick Answer: Yes, a father may convert unused paternity leave into shared parental leave, but cannot take both concurrently.
Under the Shared Parental Leave Regulations 2014, any statutory paternity leave not taken can be “saved” and later taken as shared parental leave (SFL) by either parent, provided the employee meets the SFL eligibility criteria (26 weeks’ service and sufficient NICs). The employee must give the same 15‑day notice for SFL and must not overlap SFL with the original paternity leave period.
Employers must treat the conversion as a continuation of the same entitlement; failure to allow the conversion may constitute a breach of the regulations and expose the employer to an unfair dismissal or discrimination claim.
How does paternity leave interact with sick leave or maternity leave?
Quick Answer: Paternity leave is a distinct right that cannot run at the same time as maternity or statutory sick leave, but it may start after either period ends and can be interrupted by a subsequent sickness episode.
Statutory paternity leave (up to 2 weeks) is created by the Paternity and Parental Leave Regulations 2010 (Reg 2) and is separate from maternity leave (up to 52 weeks under the Maternity and Parental Leave etc. Regulations 1999). If an employee is on Statutory Sick Pay (SSP) when the paternity leave would begin, the employer must wait until the SSP period ends before the paternity leave can commence, unless the employee elects to start the leave and receive SSP concurrently – which is not permitted by law. The leave periods may be back‑to‑back, but they must not overlap.
Does paternity leave apply to self‑employed or gig‑economy workers?
Quick Answer: No, statutory paternity leave and pay are only available to employees who have an employment contract; self‑employed and gig workers are excluded.
The Employment Rights Act 1996 (s 86) defines “employee” for the purpose of statutory leave. The Paternity and Parental Leave Regulations 2010 apply only to workers with a contract of service. Self‑employed individuals, including those engaged through platforms, are classified as “independent contractors” and therefore do not acquire the right to statutory paternity leave or Statutory Paternity Pay (SPP). Some gig platforms may offer discretionary parental benefits, but these are not statutory and are governed by the terms of the individual contract.
Under what circumstances can an employer lawfully refuse paternity leave?
Quick Answer: An employer may refuse only if the employee does not meet the statutory eligibility criteria or fails to give the required notice and evidence.
Eligibility requires at least 26 weeks continuous service by the 15th week before the expected week of childbirth and earnings of at least £123 per week (2024‑25) (Reg 4). The employee must provide at least 15 days’ written notice (Reg 7) and a MATB1 form or equivalent medical evidence (Reg 8). If any of these conditions are not satisfied, the employer can lawfully refuse the leave. Refusal for business reasons alone would breach the Regulations and could give rise to an unfair dismissal claim under the Employment Rights Act 1996.
Are there any differences in paternity rights for employees on probation?
Quick Answer: Probation status does not affect statutory paternity entitlement provided the employee meets the service and earnings thresholds.
The statutory test is purely quantitative: 26 weeks continuous service and the earnings floor, irrespective of contractual probationary periods. Consequently, an employee on probation who has completed the qualifying service and earnings can take the full two‑week paternity leave and receive Statutory Paternity Pay. However, some employers include “probationary” clauses in contracts that limit discretionary benefits; these clauses cannot override statutory rights, though they may affect any enhanced pay schemes.
What remedies are available if an employer denies statutory paternity pay?
Quick Answer: The employee can claim unlawful deduction of wages at an employment tribunal and may also seek damages for breach of contract.
Statutory Paternity Pay is a contractual entitlement created by the Paternity and Parental Leave Regulations 2010 (Reg 12). Failure to pay SPP constitutes an unlawful deduction of wages under the Employment Rights Act 1996 (s 13). The employee may bring a claim to an employment tribunal within three months of the pay date (EAR 1996, s 111). Remedies include the unpaid SPP, interest, and, where appropriate, compensation for any loss suffered, such as financial hardship.
What penalties can HMRC impose for incorrect statutory paternity pay payments?
Quick Answer: HMRC can issue assessment notices, charge interest, and impose penalties up to 100 % of the underpaid amount for deliberate or careless errors.
Employers are required under the Social Security Contributions and Benefits Act 1992 to operate PAYE correctly for SPP. If an employer under‑pays, over‑pays, or fails to deduct Class 1A NICs, HMRC may issue a “notice of under‑declaration” and assess interest at the statutory rate. Penalties are set out in the HMRC Penalties Regime (2023) and range from 0 % for reasonable error to 100 % for deliberate or concealed non‑compliance. Repeated breaches can trigger a compliance check and additional sanctions.
What checklist should employees use to prepare a paternity leave request?
Quick Answer: Employees should gather the required notice, medical evidence, and confirm eligibility before submitting a written request.
- Confirm at least 26 weeks continuous service by the 15th week before the expected week of childbirth.
- Check earnings meet the £123 per week threshold (2024‑25).
- Obtain the MATB1 form from the midwife or doctor.
- Provide written notice at least 15 days before the intended start date, stating the exact dates of leave.
- Retain a copy of the request and any correspondence for records.
What common mistakes cause delays or loss of paternity pay?
Quick Answer: Late notice, missing or incorrect MATB1 forms, and failure to meet the earnings test are the principal causes of delayed or denied pay.
Employers must receive the statutory 15‑day notice (Reg 7) and a valid MATB1 (Reg 8). Submitting the notice after the start date breaches the Regulations and gives the employer a lawful ground to postpone payment. Errors in the employee’s earnings calculation, such as using gross rather than net figures, also lead to disputes. Additionally, failing to inform payroll of the leave in time can result in the employee being placed on the normal payroll cycle, causing missed SPP payments.
How can employees protect their rights during a redundancy while on paternity leave?
Quick Answer: Employees should ensure the redundancy selection is objectively justified and request a written explanation, as statutory protection prevents dismissal solely because of paternity leave.
Section 99 of the Employment Rights Act 1996 makes it automatically unfair to dismiss an employee for exercising a statutory right, including paternity leave. If a redundancy occurs while on leave, the employer must demonstrate that the employee was selected on a fair, non‑discriminatory basis and that the role genuinely ceased to exist. Employees should request the redundancy pool criteria, attend any consultation, and keep records. If the process appears to be a pretext, a claim for unfair dismissal can be lodged within three months of the termination date.
Practical Steps & Evidence Checklist
Whether you are an employee planning to take paternity leave or an employer preparing to support staff, a clear, documented process reduces the risk of disputes and ensures statutory rights are met. Follow these steps and retain the suggested evidence to demonstrate compliance with the paternity leave UK framework.
- Step 1: Confirm Eligibility – Verify that you have been employed continuously for at least 26 weeks by the 15th week before the expected week of childbirth (or adoption placement) and that the child’s mother (or adopter’s partner) meets the qualifying criteria.
- Step 2: Notify Your Employer in Writing – Submit a formal paternity leave notice to your employer at least 15 weeks before the expected week of childbirth (or 7 weeks for adoption). Include the intended start date, length of leave (up to 2 weeks), and a copy of the MAT‑B1 (or placement certificate for adoption).
- Step 3: Provide Evidence of the Child’s Birth or Placement – Attach a certified copy of the birth certificate (or adoption placement certificate) and, where applicable, a statutory declaration confirming the relationship to the child.
- Step 4: Complete the Paternity Pay Claim Form – Use the employer’s paternity pay form (or the government’s “Statutory Paternity Pay” template) and supply your National Insurance number, average weekly earnings, and bank details for payment.
- Step 5: Keep Records of All Correspondence – Store copies of notices, certificates, pay calculations, and any employer responses for at least six months in case of a dispute or audit.
Frequently Asked Questions
What is the statutory length of paternity leave in the UK?
Statutory paternity leave is up to two consecutive weeks. The leave must be taken in a single block and can start any time after the birth (or placement) and before the child’s first birthday. Employers may offer additional contractual paternity leave, but the statutory minimum is two weeks.
How much Statutory Paternity Pay (SPP) am I entitled to?
Eligible employees receive Statutory Paternity Pay at the lower of £ £[current rate] per week (as set each tax year) or 90 % of their average weekly earnings. SPP is paid for the full two‑week period, regardless of whether the employee chooses to take the leave in one or two separate weeks (subject to employer agreement).
Can I take paternity leave on a part‑time basis?
Statutory paternity leave must be taken as a continuous block of two weeks. However, if an employer offers a more generous contractual scheme, they may allow part‑time or split periods. Employees should check their contract or staff handbook for any such provisions.
Do I need to give my employer a medical certificate?
No. Paternity leave is not a medical leave, so a medical certificate is not required. The only mandatory evidence is the MAT‑B1 form (or adoption placement certificate) confirming the expected date of birth or placement.
What if my employer refuses my paternity leave request?
Employers are legally obliged to grant statutory paternity leave if the employee meets the eligibility criteria and provides the required notice and evidence. A refusal may constitute unlawful discrimination or a breach of employment law. Employees can raise a grievance, seek advice from Acas, or pursue a claim at an employment tribunal.
How does paternity leave differ in Scotland and Northern Ireland?
The statutory framework for paternity leave and pay is UK‑wide, applying equally in England, Wales, Scotland, and Northern Ireland. However, devolved administrations may have additional guidance on parental rights and may offer supplementary benefits through local schemes. Employees should check any regional programmes (e.g., Scottish Child Payment) that could complement statutory entitlements.
Can I share my paternity leave with my partner if we are both employed?
Each parent is entitled to their own statutory paternity leave, provided they each meet the eligibility criteria. The leave periods can overlap, but the total statutory entitlement per child remains two weeks per parent. Employers may have policies on coordinating parental leave, so it is advisable to discuss plans with both employers early.
What happens to my contractual benefits (e.g., pension, accrual of annual leave) while on paternity leave?
During statutory paternity leave, employees retain all contractual benefits, including pension contributions, accrual of annual leave, and continuous service for redundancy calculations. Statutory Paternity Pay is treated as earnings for the purpose of pension calculations, but any employer‑provided top‑up will depend on the terms of the employment contract.
Conclusion
Paternity leave UK law provides a clear, time‑limited right for eligible fathers and partners to take up to two weeks off work with statutory pay following the birth or adoption of a child. The core requirements are continuous employment of 26 weeks, proper written notice (minimum 15 weeks before the expected week of childbirth), and submission of the appropriate birth or placement certificate. Employers must honour the leave, continue contractual benefits, and pay Statutory Paternity Pay at the prescribed rate. While the statutory scheme is uniform across England, Wales, Scotland and Northern Ireland, regional initiatives may offer additional support.
To protect your rights, keep thorough records, adhere to notice deadlines, and confirm any contractual enhancements with your HR department. When in doubt, seek tailored advice from a qualified solicitor or employment law specialist to navigate complex situations such as shared parental leave, employer refusals, or cross‑border employment.
Legal Disclaimer
This article provides general educational information regarding England and Wales (with notes on Scotland and Northern Ireland) law and does not constitute formal legal advice, legal representation, or the creation of an attorney‑client relationship. Laws and regulatory guidance are subject to frequent legislative amendments and judicial interpretation. Individuals and organizations facing legal proceedings or disputes should seek personalized counsel from a qualified solicitor, advocate, or attorney in their jurisdiction.