What are paternity rights in the UK?

Paternity rights include statutory paternity leave and pay, plus Shared Parental Leave, with additional time-off options for antenatal care where applicable.

Paternity rights cover two main forms of time off and pay for a new or prospective father or partner. The core entitlement is Statutory Paternity Leave, which allows eligible employees to take two weeks off. Statutory Paternity Pay (SPP) supports you during that leave and is paid by the employer, not the government, for up to two weeks. In addition, Shared Parental Leave (SPL) offers a way for parents to share a longer period of leave and pay between the mother and father or partner, subject to eligibility and notice rules. For many families, SPL can provide more flexibility than traditional paternity leave, especially when the mother is returning to work.

A practical example: if your partner is due to give birth in the coming months and you meet the eligibility rules, you could plan to take two consecutive weeks off under paternity leave, or you may coordinate with SPL to share leave in a way that fits your family’s needs.

• Two weeks of Statutory Paternity Leave (OPL) as a single block or in two consecutive weeks
• Statutory Paternity Pay (SPP) for up to two weeks, paid by the employer
• Shared Parental Leave (SPL) available for eligible families to share leave and pay
• Time off for antenatal care can apply to certain agency workers under specific rules
• Paternity rights depend on employment status (employee or qualifying worker) and eligibility
• Antenatal care time off is generally a separate right for pregnancy-related care held by the expectant mother or partner

Eligibility for Statutory Paternity Leave and Pay

To qualify, you must be an employee (or a qualifying worker) with sufficient service and earnings to receive SPP.

To be eligible for Statutory Paternity Leave, you generally must be an employee or a worker with a qualifying relationship to the child and have at least 26 weeks’ service with your employer by the 15th week before the expected week of childbirth. You must still be employed by your employer in the week you start the leave. For Statutory Paternity Pay, you also need to earn at least the lower earnings limit on a weekly basis to qualify for payment.

Self‑employed individuals do not qualify for Statutory Paternity Leave or Statutory Paternity Pay. They may still work with their family in other ways, but these specific rights are tied to employment status. The law also allows for Shared Parental Leave where appropriate, which can be used by eligible parents instead of traditional paternity leave, subject to meeting SPL criteria.

• You must have 26 weeks’ service by the 15th week before the expected week of childbirth
• You must be an employee or a qualifying worker
• You must meet the earnings threshold (Lower Earnings Limit) to receive SPP
• Self-employed individuals are not eligible for SPP or paternity leave; SPL may apply if eligible

How to apply and notice requirements

You must give your employer written notice of your intention to take paternity leave, usually at least 28 days before the expected week of childbirth, with details of the dates you plan to take off.

To exercise paternity rights, you should inform your employer in writing of the due date, the dates you intend to start your leave, and how long you plan to be away. The general rule is to provide at least 28 days’ notice before the expected week of childbirth. If the baby is born earlier than expected, you should notify your employer as soon as possible. You should also confirm whether you intend to take one week or two weeks of leave (or to participate in SPL if eligible).

Your employer may request evidence of the pregnancy or birth date, depending on internal policies, but you are not required to provide it in every case. The key is to communicate clearly and keep a written record of the notice you gave.

• Write to your employer with the expected week of childbirth and your chosen start date
• Provide at least 28 days’ notice before the due date (or as soon as practicable if the birth is sooner)
• State how long you plan to take off (one week or two weeks; SPL if applicable)
• Keep a record of your notice and any reply from your employer

1. 1. Check your contract and company policies.
2. 2. Prepare a brief written notice outlining the due date and intended leave dates.
3. 3. Submit the notice to your line manager or HR.
4. 4. Confirm reception and keep a copy for your records.

Duration and pay rates

Statutory Paternity Leave lasts two weeks; Statutory Paternity Pay covers up to two weeks at a capped rate or 90% of earnings.

The core entitlement is two weeks of paternity leave. You can take these as one continuous block of two weeks or as two separate weeks, subject to your employer’s policy and SPL eligibility. Statutory Paternity Pay (SPP) covers up to two weeks of pay if you qualify for SPP, with the amount set at either a weekly rate of £172.48 (for 2024–25) or 90% of your average weekly earnings, whichever is lower. This pay is provided by your employer, not directly by the government, though employers can reclaim some costs through the tax system.

Leave must generally be taken within 56 days after the date of the child’s birth, or as your employer and you agree, and any variations should be agreed in writing. If you place a claim past the window, discuss options with your employer or HR.

• Two weeks of paternity leave (one or two weeks, as allowed)
• SPP for up to two weeks at £172.48 per week (2024–25) or 90% of weekly earnings, whichever is lower
• Leave window generally within 56 days of birth
• Employer pays SPP; it can be claimed back in some arrangements

1. 1. Confirm eligibility for SPP.
2. 2. Decide on leave start date and whether to take one or two weeks.
3. 3. Submit notice to employer according to rules.
4. 4. Receive SPP through payroll if eligible.

Shared Parental Leave and how it affects your rights

Shared Parental Leave can allow you to share leave and pay with your partner, offering flexibility beyond standard paternity leave.

Since 2015, Shared Parental Leave (SPL) has replaced much of the older “additional paternity leave” regime. SPL allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay (subject to eligibility and the partner’s maternity rights). This can be a helpful option for families who want more flexible arrangements around work and childcare. The father or partner can take leave in chunks or in blocks that fit the family’s plans, as long as the mother’s maternity leave and pay are coordinated.

• Eligible parents can share up to 50 weeks of leave and 37 weeks of pay
• Requires minimum amounts of service and proper notification
• Finance and eligibility depend on the partner’s maternity rights and the couple’s agreement

1. 1. Check SPL eligibility with your employer.
2. 2. Agree start dates with the mother and employers.
3. 3. Submit SPL requests in writing with required details.
4. 4. Coordinate with payroll for pay during SPL periods.

Agency workers and antenatal care time off

Agency workers have rights to time off for antenatal care with limits and conditions similar to employees in certain circumstances.

Agency workers who have a qualifying relationship with a pregnant woman have the right to time off during working hours to accompany her to antenatal appointments, just as employees do. However, there are limits: the right may be exercised on up to two occasions for a particular pregnancy, and the amount of time off depends on the hours you work. The rules require the temporary agency and the hirer to cooperate to enable this time off.

• Agency workers may have the right to time off for antenatal care
• The right can be exercised on up to two occasions per pregnancy
• Time off is governed by the agency contract and applicable regulations

1. 1. Inform your agency and client in writing of the pregnancy and your intention to attend antenatal appointments.
2. 2. Coordinate appointment times with your agency and hirer to minimise disruption.
3. 3. Keep records of the appointments and time off taken.