When an employee tells you they are about to become a father or a partner's baby is due, you need to know exactly what they are entitled to and what your obligations are. Paternity leave rules were updated significantly in April 2024, introducing more flexibility in how and when leave can be taken. Further changes are expected under the Employment Rights Act 2025.
This guide covers everything UK employers need to know about paternity leave and statutory paternity pay, from eligibility and notice requirements through to upcoming reforms.
Paternity leave entitlement
Eligible employees are entitled to either one week or two weeks of paternity leave. This is the employee's choice. They cannot take odd days. It must be taken in blocks of one complete week.
Since April 2024 there has been an important change. Previously, paternity leave had to be taken as one continuous block of either one or two weeks. Under The Paternity Leave (Amendment) Regulations 2024, the two weeks can now be taken as two separate, non-consecutive blocks of one week each.
This gives employees much more flexibility. They might take one week immediately after the birth and the second week a few months later to coincide with the partner's return to work.
When paternity leave can be taken
The window for taking paternity leave has also been extended. Under the old rules, paternity leave had to be taken within 56 days of the birth (or placement for adoption). Since April 2024, the window has been extended to 52 weeks from the date of birth or placement.
This is a significant expansion. From an employer's perspective, it requires more forward planning, as you may need to accommodate paternity leave requests well beyond the immediate post-birth period.
Eligibility requirements
To qualify for statutory paternity leave, the employee must:
- Have 26 weeks of continuous service with you by the end of the 15th week before the expected week of childbirth (the "qualifying week"). For adoption, this is 26 weeks by the end of the week they are notified of being matched.
- Be the biological father, the mother's spouse or civil partner, or the mother's partner (including same-sex partners). The employee must have, or expect to have, responsibility for the child's upbringing.
- Be taking leave to care for the child or support the mother.
Statutory Paternity Pay (SPP)
Eligible employees receive Statutory Paternity Pay for each week of paternity leave. From April 2025, the SPP rate is £187.18 per week, or 90% of the employee's average weekly earnings (AWE) if that is lower.
To qualify for SPP, the employee must meet the paternity leave eligibility criteria and have average weekly earnings at or above the Lower Earnings Limit for National Insurance (£123 per week for 2025/26).
SPP is paid through your normal payroll and is subject to tax and National Insurance. You can recover 92% of SPP paid, or 100% plus 3% compensation if you are a small employer (one whose total Class 1 NIC liability is £45,000 or less per year).
Some employers offer enhanced paternity pay above the statutory minimum. If you do, set out the terms clearly in your paternity leave policy and in the employee's contract. Be aware that offering enhanced pay to mothers but not to fathers or partners could give rise to a sex discrimination claim.
Notice requirements
The notice rules were updated in April 2024.
Before the birth: The employee must give notice by the 15th week before the expected week of childbirth. They must tell you the expected date, whether they want one or two weeks of leave, and when they want the leave to start.
Changing the start date: The notice requirement for each week of leave is 28 days before the start of that week. Because the two weeks can now be taken separately, the employee gives separate notice for each block.
After the birth: The employee must confirm the actual date of birth as soon as reasonably practicable. If they gave a specific start date that falls before the actual birth, the leave starts on the day of the birth instead.
It is good practice to confirm the leave arrangements in writing, even though there is no statutory requirement to respond formally as there is with maternity leave notifications.
Rights during paternity leave
Employees on paternity leave are entitled to the benefit of all their normal terms and conditions except wages. Contractual benefits such as pension contributions, private medical insurance, and accrued holiday entitlement all continue. Continuity of employment is preserved throughout.
Protection from detriment and dismissal
Employees are protected from being subjected to any detriment or dismissed because they took, or proposed to take, paternity leave. This protection is automatic and does not depend on length of service.
Dismissing an employee because they took paternity leave is automatically unfair with no qualifying period. Detriment short of dismissal, such as being passed over for promotion or having responsibilities reduced, is also unlawful if it is connected to paternity leave.
If a redundancy situation arises while the employee is on paternity leave, they have the right to be offered a suitable alternative vacancy in priority over other employees, where one is available.
Shared Parental Leave as an alternative
Eligible parents may use Shared Parental Leave (SPL) instead of, or in addition to, paternity leave. SPL allows parents to share up to 50 weeks of leave and 37 weeks of statutory pay. To access SPL, the mother must curtail her maternity leave early.
SPL offers more flexibility than paternity leave alone. Parents can take leave in blocks, return to work between blocks, and both be on leave at the same time. The eligibility rules and notification process are more complex, so it is worth having a clear policy in place. Our guide to maternity leave and pay covers the interaction between maternity leave, paternity leave, and SPL.
What is changing under the Employment Rights Act 2025
The Employment Rights Act 2025 makes paternity leave a day-one right. The current requirement for 26 weeks of continuous service will be removed, meaning employees will be entitled to paternity leave from their first day of employment.
This change is expected to take effect in April 2026. You will need to accommodate paternity leave for employees who may have only been with you for a matter of weeks. Update your onboarding materials and contracts to reflect this, and ensure managers are aware that the qualifying period no longer applies for new hires starting from the implementation date.
Practical tips for employers
Include paternity leave in your employee handbook. Set out entitlements, notice requirements, pay arrangements, and how to make a request.
Plan workload cover in advance. One to two weeks may not seem long, but if the employee is in a key role, even a short absence needs planning. Discuss cover arrangements early.
Be flexible where you can. The extended 52-week window means employees may take their second week of leave at an unexpected time. Supporting employees through major life events builds loyalty and retention.
Record everything. Keep a record of the notification, the dates confirmed, any changes, and the pay arrangements.
Consider your wider parental leave offering. Many businesses now offer enhanced paternity pay as part of their benefits package. If you are competing for talent, a generous parental leave policy can be a differentiator. Make sure enhancements are applied consistently and do not discriminate on the basis of gender.
How Rebox HR can help
From calculating SPP to advising on Shared Parental Leave and updating your policies and procedures, we help employers manage paternity leave correctly every time.
Our retained HR support clients contact us as soon as a paternity leave notification comes in, and we handle the guidance from there. If you are preparing for the upcoming day-one right changes, we can help update your documentation and train your managers.
Book a free consultation to discuss your requirements, or call us on 01327 640070.
