Understanding Statutory Paternity Leave in the UK: What Employers Need to Know

Welcoming a new child is a huge milestone - not just for employees and their families, but for workplaces too. If you’re an employer in the UK, you may already know that new dads (and partners of new mothers, including adopters and same-sex couples) have legal rights to time off. But what exactly are your obligations under UK statutory paternity leave? What qualifies, how much leave do employees get, how does pay work, and what paperwork do you need to keep things compliant?

Don’t stress - this guide will walk you through the essentials of statutory paternity leave in the UK, clarify recent changes, and help you set up clear policies for your team. With the right approach, you can support your staff and remain fully compliant with UK law. Read on for answers to your most common questions.

What Is Statutory Paternity Leave in the UK?

Statutory paternity leave in the UK is a legal entitlement giving certain employees the right to take time off when a child is born or adopted. It’s designed to let new dads, partners, or intended parents (in surrogacy arrangements) take paid leave so they can support their families at a crucial time. This is a separate entitlement from statutory maternity leave and adoption leave, with its own set of rules.

Under current law, eligible employees can take up to two weeks of statutory paternity leave. This applies whether the employee is the biological father, the mother’s partner, adopter, or intended parent through surrogacy.

It’s important for employers to understand these rights, as failing to comply can result in legal claims or even financial penalties. Not sure if you’ve implemented the correct policy for your business? Keep reading for a step-by-step overview.

Who Is Eligible for Statutory Paternity Leave in the UK?

Not everyone qualifies automatically for UK statutory paternity leave; employees must meet certain conditions. As an employer, it’s essential to know who’s covered, so you can give the right information and process requests fairly.

• Employment status: The employee must be classed as an “employee” (not a contractor or worker) and have a contract of employment with your business.
• Length of service: The employee must have worked continuously for your company for at least 26 weeks by the end of the “qualifying week”. For births, the qualifying week is the 15th week before the baby is due; for adoption, it’s the week they are matched with a child.
• Relationship to child: The employee must be either:
  • The baby’s biological father
  • The mother’s husband, partner, or civil partner
  • The adopter’s partner (for adoption cases)
  • The intended parent in a surrogacy arrangement (if they intend to apply for a parental order)
• Notice given: The employee must notify you in writing at least 15 weeks before the due date (birth) or within 7 days of being matched with a child for adoption. This notice should include the baby’s due date (or the adoption placement date), the start date of the leave, and its duration.

Employees who don’t meet these criteria might still be eligible for other types of family-related leave or unpaid leave, but this falls outside statutory paternity rules.

How Much Statutory Paternity Leave Can Employees Take?

Employees can choose to take either one week or two consecutive weeks of statutory paternity leave - but not odd days or two separate weeks. The leave must be taken in full, within 56 days of the child’s birth or adoption placement. If the child is born early or late, the window shifts to start from the child’s actual date of birth.

It’s important to note:

• If the employee returns to work after one week, they cannot “split” the leave and return for a second week later.
• Paternity leave cannot start before the baby is born or the child is placed for adoption.
• If an employee qualifies for both paternity and adoption leave (e.g. in a joint adoption), they can only take one, not both.

From April 2024, there has been an update granting more flexibility in how paternity leave is taken. Eligible employees can opt to split their leave into two separate week-long blocks, or take them together, within the first year after birth or adoption (rather than the previous 56-day window). Review your current policies to ensure you’re aligned with these reforms!

What Is Statutory Paternity Pay and How Does It Work?

Alongside time off, employees on statutory paternity leave in the UK are usually entitled to statutory paternity pay (SPP).

For the 2024/2025 tax year, SPP is paid at either £184.03 per week or 90% of the employee’s average weekly earnings (whichever is lower).

• You must pay statutory paternity pay through your normal payroll processes (like wages or salary).
• It’s subject to tax and National Insurance deductions.
• Employees who do not meet the earnings threshold (average of £123 per week in the 8 weeks up to the qualifying week) are not entitled to SPP, but may be eligible for unpaid paternity leave.

Some employers choose to offer an enhanced pay policy (often called “company paternity pay”), but this is entirely optional. If you do offer more than the statutory minimum, make sure your employment contracts and staff handbook clearly describe how it works.

What Are Employers’ Legal Responsibilities?

If you employ staff in the UK, you’re legally required to provide statutory paternity leave and pay where eligible, and not penalise staff for exercising their rights. Here’s what you’ll need to do:

• Recognise and process paternity requests fairly - don’t unreasonably postpone, restrict, or block eligible leave.
• Maintain pay, benefits, and rights - other employment terms (like pension, holiday accrual, and seniority) must also continue as normal during paternity leave.
• Uphold job security protections - employees must be able to return to the same job after paternity leave.
• Avoid unlawful detriment or dismissal - it’s illegal to treat an employee unfairly, select them for redundancy, or dismiss them just because they’ve taken (or requested) statutory paternity leave.
• Keep robust documentation and records of all leave requests, notices given, and payments made (for at least 3 years, to satisfy HMRC and for potential employment tribunal claims).
• Communicate policies clearly - ideally through onboarding, employment contracts, and accessible staff handbooks.

For additional guidance on setting up the right contracts and workplace policies, see our guide on employment law essentials for UK employers.

Parental Leave and Other Family-Friendly Options

Statutory paternity leave isn’t the only family-friendly option available in the UK. As an employer, it’s good practice to be aware of the broader landscape and support your team’s family needs.

• Shared Parental Leave: Allows parents to share up to 50 weeks of leave and 37 weeks of pay, provided they meet eligibility requirements. This is separate to, and can be used instead of, paternity leave - but does require both parents to coordinate with each other and their employers.
• Parental Leave: Employees can take up to 18 weeks’ unpaid leave for each child up to age 18 (after at least one year’s service).
• Time Off for Dependants: All employees have the right to reasonable unpaid time off to deal with family emergencies or care for dependants.
• Maternity and Adoption Leave: Distinct rights and obligations apply for employees who give birth, as well as adoptive parents. See our guide on key UK employment laws for more information.

Understanding these options and communicating them to your team can help you build a trusted, supportive workplace culture, and avoid accidental non-compliance.

How Should Employers Handle Paternity Leave Requests?

Dealing with statutory paternity leave requests doesn’t need to be complicated - as long as you have a clear process and stick to the law. Here’s a practical checklist for employers:

1. Provide clear information upfront. Let staff know about their statutory rights to paternity leave as part of your onboarding process or staff handbook.
2. Request written notice and evidence. You’re entitled to ask for notice in writing. For paternity pay claims, you can also request certain evidence, such as a copy of the MATB1 maternity certificate or adoption confirmation.
3. Confirm the leave arrangements in writing. When an employee requests paternity leave, reply in writing confirming dates, pay terms, and how/when they’ll return.
4. Update payroll and internal records. Make sure your payroll team process paternity pay correctly and mark the employee as on paternity leave (not holiday, sickness, or unpaid leave).
5. Keep it confidential. Personal information about an employee’s family or medical status should be kept confidential and processed according to UK GDPR rules.
6. Welcome them back. Ensure the employee returns to the same job with the same pay, terms and seniority. Check in with them after they return and update them on any important changes that occurred during their leave.

Proper record-keeping isn’t just a good idea - it’s essential for HR, payroll, and legal compliance. If you’re unsure what counts as fair process, our team can help you design or review your onboarding and leave policies.

What If Things Get Complicated? Common Paternity Leave Scenarios

While most requests are straightforward, you might encounter some grey areas. Here’s how to manage them:

• Early or late births: If the baby arrives early, employees can take their paternity leave from the actual date of birth. The leave window (56 days, or up to a year after April 2024) begins from the actual birth date, not the original due date.
• Multiple births (twins/triplets): Employees are entitled to the same maximum two weeks, regardless of how many children are born in a single pregnancy.
• Staff on fixed-term or zero hours contracts: As long as they are classed as employees and have sufficient continuous employment, they will be eligible for leave and pay.
• New staff members: For new employees, consider running a thorough onboarding process and clarifying that eligibility for paternity leave kicks in after 26 weeks’ service.
• Non-eligible employees: If someone doesn’t qualify, let them know in writing and inform them of any enhanced or alternative family-friendly support you can provide.

Get in touch if you’re unsure about a tricky situation, or need advice on wording your internal policies. Our specialist employment law team can review your documents and processes to ensure you’re protected from employee claims.

What Legal Documents and Policies Should Employers Have?

Having robust and up-to-date workplace documents is crucial when handling statutory paternity leave in the UK. We recommend reviewing and updating the following:

• Employment contract: Clearly outline paternity leave and pay in your employment contracts, including notice requirements and what happens during leave.
• Staff handbook and leave policy: Maintain a detailed, easily accessible staff handbook and specific paternity leave policy - covering eligibility, evidence, and how to make a request.
• Payroll and HR forms: Use standard paternity leave request and declaration forms to capture necessary evidence and keep your records consistent.
• Privacy notices: Ensure you’ve got appropriate privacy notices for staff data, especially for sensitive family or health information.

Avoid using generic templates or “winging it” with ad-hoc emails - professionally drafted documents will help you avoid disputes, demonstrate compliance if challenged, and build trust with your team.

What Are the Risks of Non-Compliance With Statutory Paternity Leave?

Falling short on your statutory paternity leave obligations can spell big trouble for employers. Staff who are refused leave or pay (or face negative consequences for exercising their rights) can bring claims for unfair dismissal or unlawful detriment to an employment tribunal. If successful, you could face:

• Orders to pay compensation (with no upper limit for discrimination claims related to paternity leave)
• Legal costs and payout of unpaid pay or benefits
• Reputational damage (and poor staff morale or retention)
• HMRC penalties if you fail to pay SPP correctly or keep accurate records

Getting the legal side right from day one is your best defence - it’s much easier, less stressful, and more cost-effective to have compliant policies than to deal with claims after the fact.

Key Takeaways: Statutory Paternity Leave for Employers

• Statutory paternity leave in the UK gives eligible employees up to two weeks’ time off (with pay) to support new children, whether by birth, adoption or surrogacy.
• To qualify, employees must have 26 weeks’ continuous service, be classed as “employees”, and give the correct notice.
• Your legal duties include processing requests fairly, ensuring job security, maintaining pay and benefits, and preventing any discrimination or detriment.
• Recent changes (April 2024) have increased flexibility - review your policies so you can offer paternity leave in split weeks across the baby’s first year.
• Protect your business by using watertight employment contracts, clear leave policies, and compliant payroll practices.
• Non-compliance can lead to tribunal claims, compensation orders, and reputational damage. Get specialist advice if you’re unsure.

If you’d like tailored support managing statutory paternity leave in the UK, or reviewing your employment contracts and family-friendly policies, our experts are here to help. You can reach us at team@sprintlaw.co.uk or call 08081347754 for a free, no-obligations chat. Don’t leave your legal protections to chance - get the right guidance from the start.