Paternity and partner leave in the United Kingdom
Reviewed by Mellow Editorial Team, HR & payroll content team
Eligible employed fathers and partners are entitled to up to two weeks of statutory paternity leave, paid at the statutory rate set by the government or 90% of average weekly earnings — whichever is lower. This applies from the first day of employment, a position reinforced by the Employment Rights Act 2025.
Who qualifies
Statutory paternity leave is available to:
- The biological father of a child
- The mother's husband or civil partner
- The mother's partner (including same-sex partners)
- The intended parent in a surrogacy arrangement (in some cases)
To qualify, the employee must have a relationship with the child's mother or co-parent, expect to be responsible for the child's upbringing, and be an employed earner — meaning they pay Class 1 National Insurance. The employee must also give their employer proper notice before the qualifying week.
Self-employed people are not entitled to statutory paternity leave, though they may be able to claim other benefits separately.
How much leave and pay
Statutory paternity leave is one or two consecutive weeks. It cannot be taken in odd days and the two weeks cannot be split — it is either one full week or two full consecutive weeks.
Pay during that leave is the statutory rate (set each April) or 90% of the employee's average weekly earnings, whichever is the lower figure. Employers reclaim most or all of this cost from HMRC through their payroll, depending on the size of their annual National Insurance bill.
Employees must earn at least the lower earnings limit (a threshold set by HMRC each tax year) to qualify for statutory paternity pay. Those who earn below it are not entitled to the statutory payment, though they are still entitled to the leave itself if they otherwise qualify.
Some employers offer enhanced or occupational paternity pay above the statutory minimum. This is a contractual matter, not a legal requirement.
Notice requirements
The employee must tell their employer:
- That they intend to take paternity leave
- How much leave they want (one week or two)
- When they want it to start
For a birth, notice must be given by the end of the 15th week before the expected week of childbirth. For adoption, notice requirements differ slightly and are tied to the matching date rather than an expected birth date.
The leave can start on the birth date itself, a chosen number of days after the birth, or a chosen number of days after the expected week of childbirth. It must be taken within 56 days of the actual birth.
Employees can change their start date by giving their employer 28 days' notice where reasonably practicable.
Shared Parental Leave as an extension
Where a couple wants to share more time caring for a child, Shared Parental Leave (SPL) is available. The mother or primary adopter can curtail their maternity or adoption leave and pay early, and the remaining entitlement converts into a shared pot that both parents can draw from.
SPL can be taken in blocks — not necessarily all at once — and both parents can be on leave at the same time. This makes it considerably more flexible than standard paternity leave, though it requires both partners' employers to be notified and the administrative process is more involved.
The pay rate during SPL mirrors statutory maternity pay: the same statutory rate or 90% of earnings, whichever is lower. Employers handle SPL payments through their standard payroll process and reclaim them from HMRC in the same way.
What employers need to do
When an employee gives notice of paternity leave, the employer should:
Confirm the leave in writing. Acknowledge the dates and confirm the employee's rights, including their right to return to the same job.
Run the payroll correctly. Statutory paternity pay is processed through payroll and reported to HMRC via Real Time Information — an FPS submission on or before each payday. If you use payroll software, it should calculate the correct amount automatically once you record the leave.
Protect the employee's terms. During paternity leave, all contractual terms except pay continue to accrue — including statutory annual leave (the minimum is 5.6 weeks for a full-time employee). Pension contributions under auto-enrolment also continue: the employer minimum is 3% of qualifying earnings and the employee contributes 5%, though contributions are typically based on actual pay received during the period.
Do not treat the employee unfavourably. Paternity leave is a protected right. Dismissing or disadvantaging an employee for taking it exposes the employer to an unfair dismissal or detriment claim. Under the Employment Rights Act 2025, day-one employment rights are strengthened, so length of service is no longer a barrier to protection in many circumstances.
---
Run HR and payroll in United Kingdom with Mellow
Mellow brings HR, payroll and 12 AI agents into one platform — built to handle United Kingdom properly, with payroll included, from £4 per employee per month. The AI agents don't just answer questions; they generate contracts, run cost estimates and draft letters for you.
- United Kingdom payroll software
[Start a free trial →](/register)