Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Paternity leave just became more flexible – which is great news for employees, but it does mean UK employers need to tweak policies, forms and manager workflows.
From 6 April 2024, the law changed to allow paternity leave to be taken in two separate one‑week blocks at any point in the first year after birth or placement for adoption. There are new notice rules, documentation steps and payroll settings to get right, too.
In this guide, we break down what’s changed, how it affects scheduling and pay in small teams, and the updates you should make to your contracts and HR policies so you stay compliant and operate smoothly.
What Changed In April 2024?
The Paternity Leave (Amendment) Regulations 2024 apply where the expected week of childbirth (or adoption placement) is on or after 6 April 2024. The key changes are designed to make paternity leave easier to use and more flexible.
Headline Changes You Need To Know
- Two blocks instead of one: Employees can take paternity leave in two separate blocks of one week each, rather than a single block of one or two weeks.
- Take it any time in the first year: Leave can be taken at any point in the 52 weeks after the birth or placement (previously, it had to be taken within 56 days).
- Simplified notice for each block: Employees now give an initial “entitlement” notice in pregnancy/adoption and then at least 28 days’ notice before each week of leave (or as soon as reasonably practicable if the child arrives early).
- Same overall entitlement: The total statutory leave remains up to two weeks. It’s the timing and splitting that changed.
- Statutory Paternity Pay (SPP): The 2024/25 SPP rate is £184.03 per week or 90% of average weekly earnings if lower (subject to eligibility and earnings thresholds).
These changes sit alongside other family-friendly reforms in 2024 (like new day-one entitlements in some areas), so it’s worth taking a holistic look at your people policies this year.
Eligibility, Notice And Evidence: What You Can Ask For
Your processes should distinguish between (1) the employee’s notice that they intend to take paternity leave and (2) the scheduling notice before each actual week.
Eligibility (Core Criteria)
Eligibility for statutory paternity leave hasn’t changed. In simple terms, an employee usually must:
- Be an employee (not a worker) with at least 26 weeks’ continuous service by the end of the 15th week before the expected week of childbirth (or by the matching week for adoption).
- Be taking time off to care for the child or support the mother/primary adopter.
- Have the necessary relationship to the child (e.g. father, spouse or partner of the mother/primary adopter).
Eligibility for Statutory Paternity Pay has similar service and earnings requirements, including the Lower Earnings Limit. You can still offer enhanced contractual paternity pay if you wish – just make sure it’s clearly set out in the employee’s Employment Contract.
Notices And Timing
You can require two kinds of notice under the 2024 rules:
- Initial entitlement notice: Typically by the end of the 15th week before the expected week of childbirth (or within seven days of being matched for adoption). This confirms the employee’s entitlement and intention to take paternity leave.
- Scheduling notice(s): At least 28 days’ notice before each one‑week block of leave (unless not reasonably practicable due to an early birth).
For adoptions and surrogacy, specific evidence and timing rules apply. Build these into your template forms so managers don’t need to juggle legal nuances case by case.
Evidence You Can Request
You can still request evidence of the expected week of childbirth/placement and the employee’s relationship to the child (e.g. declaration forms). Keep the process proportionate and consistent to reduce the risk of discrimination claims.
Common Employer Questions
- Can we insist the two weeks are taken together? No – the whole point of the reform is flexibility to split into two separate weeks.
- Can we refuse a particular week? You can’t refuse statutory paternity leave if the employee follows the notice and evidence rules. However, you can set clear internal processes for scheduling and communications to manage operational impact.
- Can casuals or workers take it? Statutory paternity leave is for employees. That said, check your contracts and consider whether any enhanced, discretionary arrangements apply to non‑employees.
Update Your Policies, Contracts And Processes
To stay compliant and avoid confusion, update your written policies, HR forms and manager training. This is also a good opportunity to align related family leave policies.
Documents To Review And Update
- Employment Contracts: Ensure your paternity leave and pay clauses reflect the new flexibility, any enhanced pay you offer, and how requests are made. If you’re issuing new offers, lock this in now using a robust Employment Contract.
- Staff Handbook: Add or update a clear paternity leave policy covering eligibility, notice timing (initial and scheduling), evidence, and how employees can split their two weeks. A consolidated Staff Handbook makes it simple for managers to apply rules consistently.
- Standalone Policies: If you keep individual policies, refresh your family leave and pay policy now. Where you need specific guidance for managers, consider a practical Workplace Policy for paternity/family leave administration.
- Request Forms And Letters: Create template forms for entitlement notice and scheduling notice, plus acknowledgement letters and payroll notifications.
HRIS, Payroll And Manager Training
- HRIS updates: Ensure your HR system allows two non‑consecutive one‑week blocks and captures notice deadlines automatically.
- Payroll codes: Set up SPP codes and ensure the 2024/25 rate is applied correctly when eligibility is met.
- Manager training: Provide short guidance notes and a decision tree so managers handle requests lawfully and consistently.
If your business offers enhanced pay or benefits, spell out eligibility, coordination with Statutory Paternity Pay and what happens if the employee doesn’t meet statutory thresholds. Clear drafting reduces disputes and admin back‑and‑forth later on.
Align With Related Leave Policies
Employees often combine different types of leave (e.g. annual leave after paternity leave; emergency dependants’ leave if complications arise). Make sure your policies explain how these interact and what notice you expect for each. If you don’t already cover emergencies, build in a short section on dependants’ leave and signpost when employees should speak to their manager before booking time off.
Managing Requests, Scheduling And Pay
Smaller teams can feel the impact of two separate weeks off more than larger employers. A few simple steps will help you plan cover and keep operations running smoothly.
Scheduling And Cover
- Early dialogue: Encourage employees to flag potential weeks as early as possible (beyond the 28‑day minimum) so you can arrange cover.
- Seasonal planning: If you have peak periods, explain in your policy that early planning is essential. You still can’t refuse statutory leave, but you can suggest alternatives or agree swaps for non‑statutory leave around it.
- Workload handovers: Use checklists for handovers and define escalation points so customer commitments aren’t affected.
Pay, SPP And Holiday Accrual
- SPP calculations: Check eligibility and average weekly earnings carefully. The 2024/25 standard rate is £184.03 (or 90% of AWE if lower). Keep clear records supporting any decision to pay or decline SPP.
- Holiday accrual: Statutory paternity leave is a period of continuous employment. Annual leave continues to accrue and can be taken later, in line with your holiday policy and working time rules.
- Benefits: Keep benefits going as your contracts require. If you operate salary sacrifice or bonuses, check how your policy treats family leave periods.
If Plans Change
Babies don’t always arrive on a neat timetable. Your policy should explain how to handle early births and last-minute changes. The law allows for shorter notice where it’s not reasonably practicable to give 28 days’ notice due to an early arrival. Keep a calm, consistent process and request reasonable evidence where needed.
Alternative Or Additional Time Off
Employees might ask about other options alongside paternity leave – for example, annual leave, unpaid parental leave, or unpaid leave if they’ve used up their entitlement. Train managers to signpost options without promising anything outside policy – and to escalate queries where discretion may be appropriate.
Related Family‑Leave Changes To Factor In
2024 brought a cluster of family‑friendly reforms. Even if they don’t all relate directly to paternity leave, they affect how employees plan time off and how you respond as an employer.
- Flexible Working (Day One Right): Employees can now make a statutory flexible working request from day one of employment (rather than 26 weeks). That can impact working patterns before or after paternity leave. Your policy should set out your process and decision criteria in plain English.
- Carer’s Leave (New Day One Right): A new annual entitlement to unpaid carer’s leave came in during 2024, giving eligible employees extra flexibility to care for dependants.
- Extended Redundancy Protection: Priority status for suitable alternative roles during redundancy exercises has been extended for those who are pregnant or returning from certain family leaves. Make sure your redundancy and consultation processes reflect current law under the Employment Rights Act 1996 framework and the latest regulations.
- Neonatal Care Leave And Pay (Forthcoming): Legislation has been passed but commencement is still awaited. Keep an eye on start dates and budget/operational impacts, as this will add another layer of leave and pay administration.
It’s also sensible to line up your policy wording with adjacent entitlements such as shared parental leave, parental bereavement leave and compassionate leave so your managers have one consistent playbook for family‑related absences.
For employees and line managers returning after maternity leave, remember that Keeping In Touch (KIT) days are treated differently to paternity leave days – so don’t mix processes across regimes.
Discrimination And Equal Treatment
As you update documents, run a quick equality lens across your policies. Using gender‑neutral language (e.g. “partner”, “primary/secondary adopter”) and applying processes consistently helps reduce discrimination risk. Consistency matters just as much as the content of the policy itself.
Key Takeaways
- From 6 April 2024, paternity leave can be taken in two separate one‑week blocks at any time in the first 52 weeks after birth or placement – you can’t require it to be taken all at once.
- Keep two notices in mind: an early entitlement notice in pregnancy/adoption, and at least 28 days’ notice for each week of leave (with allowances for early births). Build both into your forms and workflows.
- Refresh your documentation now: update your Employment Contract wording, your Staff Handbook and any standalone Workplace Policies so managers can apply the rules consistently.
- Configure HRIS and payroll for two non‑consecutive weeks and the 2024/25 SPP rate of £184.03 (or 90% of AWE if lower), and keep clear evidence and eligibility records.
- Train managers on scheduling conversations, holiday accrual and interactions with other leave types, such as unpaid leave and dependants’ leave, to minimise disruption in small teams.
- Look beyond paternity: 2024 introduced broader family‑friendly changes (flexible working day one, carer’s leave, extended redundancy protections). Align your policies and processes across the board to stay compliant.
If you’d like help updating your contracts and policies for the 2024 paternity leave changes, our team can prepare clear, tailored documents and walk your managers through the new process. You can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no‑obligations chat.


