Paternity leave

Paternity leave: an introduction

If your partner is expecting a child (or your partner is adopting a child) then you may be eligible for paternity leave and pay. There are two types of paternity leave: Ordinary Statutory Paternity Leave and Additional Paternity Leave.

Ordinary Statutory Paternity Leave

Ordinary Statutory Paternity Leave is an allowance to help you care for your child and the child’s mother. You can choose to take either one or two consecutive weeks of paternity leave, but not an odd number of days. From 6 April 2024,  leave and pay can be taken at any point in the first year after the birth or adoption of their child, and employees will be able to split their leave into two blocks of one week.

Who is eligible for Ordinary Statutory Paternity Leave?

To qualify for Ordinary Statutory Paternity Leave you must be:

• employed by your employer for at least 26 weeks ending with the 15th week before the expected week of birth or ending with the week in which the adopter is notified of having been matched with the child;
• an employee (rather than, for example, a contractor);
• the child’s biological father and have, or expect to have, responsibility for the upbringing of the child, or
• the mother’s partner, civil partner or spouse (includes same-sex relationships) and have, or expect to have, the main responsibility (apart from any responsibility of the mother) for the upbringing of the child, or
• the partner, civil partner or spouse of the child’s adopter and have, or expect to have, the main responsibility (apart from the responsibility of the adopter) for bringing up the child.

How to take Ordinary Statutory Paternity Leave

To be eligible for Ordinary Statutory Paternity Leave it’s important that you inform your employer of your plans, and give them the correct amount of notice before your leave period begins.

You should inform your employer, in writing, 15 weeks before the week the baby is due, or within seven days of being notified of being matched with a child by the adoption agency.  However, from 8 March 2024, in relation to children whose expected week of childbirth, or date of placement for adoption, is on or after 6 April 2024, employees will only need to give notice of intention to take leave 15 weeks prior to the expected week of childbirth, and then four weeks prior to each period of leave.

The employer can ask the employee to complete a self-certificate as evidence of their entitlement.

Shared parental leave

Shared parental leave and pay is also available for parents or adopters of children. Mothers, fathers and adopters can opt to share parental leave around their child’s birth or placement.

Read more about shared parental leave.