The Essential Paternity Leave Playbook for 2025: Rules & Laws Explained

Many employees want to understand how paternity leave works in practice. They may be unclear on the number of days they’re entitled to. For example, is paternity leave 14 working days in the UK? Can the number of days be taken in one block, or can it be split up into two?

This article provides a clear scenario to illustrate the typical process and options available for new fathers or partners.

Here you’ll find a straightforward explanation of paternity leave in the UK and an example showing how paternity leave might be used for a UK employee.

What Is Paternity Leave?

Paternity leave is a type of paid or unpaid time off work that allows fathers, or the partner of someone having a baby, to support their family after a birth or adoption.

In the UK, statutory paternity leave is typically available to employees for either one week or two consecutive weeks.

This leave is designed to give individuals time to bond with their new child and assist their partner.

To qualify for statutory paternity leave, an individual must typically be an employee and provide the required notice to their employer.

Eligibility also depends on certain employment conditions, such as continuous service with the same employer.

The key features of statutory paternity leave are:

• Available for births and adoptions
• Must be taken in a single block (either one or two weeks)
• Cannot start before the date of birth or adoption
• Usually needs to be taken within 56 days of the birth or adoption

Employers may offer enhanced paternity leave arrangements that go beyond the statutory minimum.

Employees should check their contract or staff handbook for any additional benefits that may be available.

Paternity leave is separate from maternity leave and adoption leave, although these types of leave can be used in combination within a household if both parents are eligible.

Who Is Eligible for Paternity Leave?

Eligibility for paternity leave depends on several factors related to employment status and the relationship to the child.

Only employees, not self-employed workers, are entitled to statutory paternity leave.

Typically, a person may qualify if they are:

• The child’s biological father
• The husband or partner of the mother or adopter (including same-sex partners)
• The child’s adopter or intended parent through a surrogacy arrangement

The employee must also have worked for their employer for a minimum length of time.

Usually, this is at least 26 continuous weeks by the end of the 15th week before the expected week of childbirth, or by the time of being matched with a child for adoption.

Table: Basic Eligibility Criteria

Part-time and full-time employees are both covered under these rules. Agency workers and those on fixed-term contracts may also qualify if they meet the other requirements.

It’s important for employees to inform their employer in advance and follow the notice requirements set out in their organisation’s policies.

Proof of the relationship to the child or mother may also be requested in some cases.

When Can Paternity Leave Be Taken?

Employees in the UK can choose to take either one or two consecutive weeks of paternity leave. The leave must be taken in one block and cannot be split into separate days.

Paternity leave cannot start before the actual birth or adoption placement. It must begin after the child is born or adopted.

If an employee wants to take paternity leave, the leave must be completed within 56 days of the birth or adoption. This means the window for taking leave extends up to eight weeks after the child arrives.

In the case where the baby arrives earlier than expected, the employee can adjust their leave to start from the actual date of birth.

The timing requirements are:

• Leave must be taken within 56 days of the birth or adoption
• Leave cannot start before the birth or adoption placement
• The two weeks of leave are not 14 working days, but two consecutive weeks, regardless of the working pattern

Employees can choose the specific start date, such as the day of the birth, a set number of days after the birth, or a specific date within the allowed window.

Employers usually require notice before the expected week of childbirth or adoption. Written notice is often necessary to confirm the intended dates for paternity leave.

Paternity leave applies for each birth or adoption, not per child. This means if multiple children are born or adopted at the same time, the entitlement to leave remains one or two weeks.

Pay During Paternity Leave

Eligible employees can receive Statutory Paternity Pay (SPP) while on paternity leave.

The standard rate is £187.18 per week or 90% of average weekly earnings, whichever amount is lower.

Employees may be able to take either one week or two consecutive weeks of paid leave.

SPP cannot be split into separate weeks.

Paternity pay can be claimed on the birth of a child, adoption, or surrogacy.

The payment is subject to tax and National Insurance contributions.

Some employers may offer enhanced paternity pay, which goes beyond the statutory minimum.

Employees should check their employment contracts or speak with HR for specific workplace policies.

What Should a Paternity Leave Notice Include?

A paternity leave notice must clearly provide specific details to the employer. Written notice helps ensure compliance with workplace and legal requirements.

The key elements to include in a paternity leave notice are:

• Employee’s intention to take paternity leave - The notice should state that the employee wishes to take statutory paternity leave.
  
  
• Expected week of childbirth or adoption date - Employers need the expected week of childbirth or the date a child is placed for adoption.
  
  
• Length of leave requested - Specify whether the employee plans to take one week or two consecutive weeks. The law specifies that the leave must be taken in a single block.
  
  
• Actual start date of leave - Indicate the intended start date for the leave. Employees must give this information, usually at least 15 weeks before the expected week of childbirth.
  
  
• Confirmation of eligibility - Employees should state that they meet the eligibility criteria, including length of service and their relationship to the child.

Timely notice is important.

If an employee needs to change the start date, they should provide at least 28 days’ notice before the new date begins.

This table clarifies what should be included in a paternity leave notice:

Providing accurate and complete information can help prevent delays or misunderstandings with the employer.

Other Types of Leave for Fathers and Partners

Aside from statutory paternity leave, fathers and partners may be eligible for other forms of leave. These additional options are designed to support families at different stages.

Shared parental leave allows parents to share up to 50 weeks of leave and up to 37 weeks of pay between them. Both parents can decide how to split the time off in their child’s first year.

This option gives families more flexibility compared to standard paternity and maternity leave.

Fathers and partners have the right to attend up to two unpaid antenatal appointments with their partner or the expectant mother. Time off for these appointments supports involvement before the baby is born.

Parental leave is different from paternity leave and shared parental leave. Eligible employees may take up to 18 weeks of unpaid leave per child, up to their 18th birthday.

This leave is usually limited to four weeks per child per year.

Employees should check their employment contract or talk to their HR department for details.

Important Considerations for Employers

Employers must confirm employee eligibility before granting statutory paternity leave.

Employees typically need at least 26 weeks’ continuous service by the 15th week before the expected birth or adoption.

The amount of leave is standard across cases. Employees can take either one or two consecutive weeks, even if multiple children are born or adopted at the same time.

This leave cannot be split into separate weeks.

Statutory Paternity Pay is the lower of £187.18 per week or 90% of the employee’s average weekly earnings.

Employers should process pay accurately and on time.

A clear application process is vital. Employers should request written notice regarding the leave dates and length, ensuring compliance with legal requirements.

Communication with employees is important. Outlining policies in staff handbooks or contracts can help prevent misunderstandings and ensure everyone knows their rights and responsibilities.

Employers are required to keep records of leave taken and payments made. Proper documentation can be useful for payroll, audits, or if queries arise.

Employers should avoid treating employees less favourably for requesting or taking paternity leave. Fair treatment is legally required and promotes a positive workplace culture.

Key Takeaways

Paternity leave in the UK allows eligible employees to take one or two consecutive weeks off to support their family after a birth or adoption. 

To qualify, individuals must meet specific employment criteria and give proper notice, with leave taken within 56 days of the child’s arrival. 

Statutory Paternity Pay is available during this period, and some employers may offer enhanced benefits. 

Clear communication between employees and employers, along with fair and timely processes, ensures legal compliance and supports a positive work environment for new parents.