Paternity Leave Rights for Fathers in the UK: 2025 Rules Explained

Fathers and partners in the UK have a legal right to paternity leave when a child is born or adopted, provided they meet the employment conditions. The right is separate from pay: you can be entitled to leave even if pay is capped or your employer offers more than the statutory minimum. For 2025/26, statutory paternity leave lasts one or two consecutive weeks, and Statutory Paternity Pay is £187.18 per week or 90% of average weekly earnings, whichever is lower.

This guide sets out your rights as they stand in 2025, how to exercise them, and what to do if your employer pushes back. Start with our paternity pay calculator to see how much you are likely to receive based on your salary.

The legal right to paternity leave

Statutory paternity leave is a day-one right for employees. Unlike statutory sick pay, you do not need a minimum period of service for the leave itself. However, you do need 26 weeks of continuous employment with the same employer by the end of the 15th week before the baby is due to qualify for Statutory Paternity Pay. The leave must be taken to support the mother or care for the new child.

You can choose one week or two consecutive weeks. You cannot take two separate single weeks. The leave must start on or after the date of birth (or placement, for adoption) and must finish within 56 days of that date. If the baby is born early, the 56-day window starts from the due date instead. You cannot start paternity leave before the birth unless your employer agrees.

Who qualifies as a father or partner

The right applies to the biological father, the husband or civil partner of the mother, or a partner who lives with the mother in an enduring family relationship. You must expect to share responsibility for the child's upbringing. Agency workers can qualify if they have a contract that lasts at least until the end of the week when leave would be taken and have not been working on an assignment for more than 12 weeks.

Self-employed fathers and partners do not have a statutory right to paternity leave or pay. If you work for yourself, you rely on your own ability to step away from the business. For a comparison of employment and self-employment structures, see our sole trader vs limited company calculator.

The earnings test for pay

To receive Statutory Paternity Pay, you must earn at least £123 per week on average. This is the lower earnings limit for 2025/26. Earnings are calculated over an eight-week reference period ending with the last payday on or before the end of the qualifying week. Only pay subject to Class 1 National Insurance counts. Bonuses, commission and overtime are included. Expenses and benefits in kind are not.

If you earn above the lower earnings limit but your average weekly pay is modest, you may receive less than £187.18 per week because 90% of your earnings falls below the cap. A part-time worker earning £150 per week would receive roughly £135 per week in SPP (90% of £150), not the full £187.18.

How much paternity pay you will receive

Statutory Paternity Pay for 2025/26 is the lower of £187.18 per week or 90% of your average weekly earnings. Most fathers on typical full-time salaries hit the cap because 90% of their weekly pay exceeds £187.18. A £40,000 salary gives average weekly earnings of about £769. Ninety per cent is roughly £692, so the statutory rate is £187.18 per week. Over two weeks, that is £374.36 before tax.

SPP is paid through PAYE. Your employer deducts Income Tax and National Insurance. The payment appears on your payslip alongside your normal deductions. Use the paternity pay calculator for a quick estimate, then compare with your usual net pay from a UK salary calculator to see the income gap during leave.

Notice you must give your employer

You must tell your employer you want paternity leave by the end of the 15th week before the baby is due. The notice should state the baby's due date, whether you want one or two weeks, and when you expect the leave to start. If you want to change the start date after the birth, you must give 28 days' notice unless that is not reasonably practicable.

For Statutory Paternity Pay, you must give 28 days' notice before you want the pay to start. Your employer may ask you to complete form SC3 (paternity pay and leave self-certification). You do not need to provide a birth certificate before receiving pay, though your employer may ask for one for their records after the birth.

• Leave notice: by the 15th week before the due date
• Pay notice: 28 days before you want pay to start
• Form SC3: self-certification of eligibility
• Change of dates: 28 days' notice where possible

Enhanced paternity packages

Many employers offer paternity leave and pay above the statutory minimum. Common enhancements include two weeks at full pay, an additional week of unpaid or paid leave, or a flat cash payment on the birth of a child. These benefits are contractual, not statutory. They depend on your employment contract, staff handbook, or company policy.

If your employer offers enhanced paternity pay, the statutory rules still form the floor. Your employer cannot pay you less than SPP if you qualify. They can pay more. Check whether enhanced pay requires you to return to work for a minimum period afterwards. Some clawback clauses apply if you leave within six or twelve months of taking enhanced paternity leave.

What your employer cannot do

An employer cannot refuse statutory paternity leave if you meet the conditions and give proper notice. They cannot require you to use annual leave instead of paternity leave, though you may choose to combine them if you want a longer period off and your employer agrees. They cannot dismiss you, demote you, or treat you unfavourably because you take paternity leave. Doing so is unlawful discrimination and could amount to automatic unfair dismissal.

Your employment rights are protected during paternity leave. You continue to accrue holiday entitlement. Pension contributions should continue on your normal pay if your contract provides for them during statutory leave, though the rules on pension during statutory pay periods can be complex. Your right to return to the same job is protected if you take 26 weeks or less of ordinary paternity leave.

If your employer refuses or underpays

If your employer refuses leave or pays the wrong amount, raise a written grievance first. Keep copies of your notice, payslips, and any correspondence. If the issue is not resolved, contact ACAS for early conciliation. You may be able to bring a claim to an employment tribunal for unlawful detriment or failure to pay statutory pay. HMRC operates a statutory payment dispute team for pay issues that your employer will not correct.

Paternity leave and adoption

Fathers and partners in adoption cases have equivalent rights to paternity leave and pay. The leave must be taken within 56 days of the placement date. Only one person in a couple can take paternity leave; the other may take adoption leave. The eligibility rules mirror birth cases: 26 weeks of service for pay, earnings above the lower earnings limit, and proper notice to the employer.

Planning your leave around household finances

Two weeks at £187.18 per week is a sharp drop for most employed fathers. If your partner is on Statutory Maternity Pay, the household may already be running on reduced income. Map out your combined income during the leave period, including any employer top-ups, child benefit, and savings you plan to use.

Understanding how your pay is taxed during leave helps you avoid surprises. Statutory payments are taxable but often fall within your personal allowance. For wider context on how PAYE tax is calculated on employment income, read our explanation of UK income tax bands for 2025. Fathers who are also company directors and take dividends should check our dividend tax guide for how investment income interacts with earned income in the same tax year.

Alternatives if you want more than two weeks

If two weeks is not enough, shared parental leave may allow you to take additional time off, provided your partner curtails her maternity leave and you both meet the SPL conditions. Some employers offer unpaid parental leave of up to 18 weeks per child, taken in blocks of up to four weeks per year. This is a separate right available to parents with at least one year of service, but it is unpaid unless your employer chooses to pay it.

Annual leave is another option. You can take paid holiday immediately before or after paternity leave if your employer approves the dates. Combining statutory paternity leave, annual leave, and shared parental leave is a common way for fathers to spend more time at home in the first year without relying on a single scheme.