Paternity Pay Guide UK (Leave, Pay, Rights for New Fathers 2026)

Who Qualifies for Paternity Pay

You qualify for Statutory Paternity Pay (SPP) if you are an employee and have worked for your employer continuously for at least 26 weeks by the 15th week before your baby's due date (the Qualifying Week). Your average weekly earnings must be at least £123 per week. You must be the biological father, the mother's husband or partner, or the adoptive parent's partner, with responsibility for the child's upbringing. SPP is available whether you are the father, the mother's same-sex partner, or the intended parent in a surrogacy arrangement. For adoptions, you qualify if you are the partner of someone adopting and meet the same service criteria. If you do not meet the 26-week test, you may still be entitled to unpaid parental leave or Shared Parental Leave (see below). The key point is that you must be taking time off specifically to support the mother and care for the new baby.

How Much Paternity Pay You Get (2026 Rates)

Statutory Paternity Pay is paid at £184.03 per week (the flat rate for 2026) or 90% of your average weekly earnings — whichever is lower. It is paid for either 1 week or 2 consecutive weeks. You choose the duration when you notify your employer — it cannot be taken as odd days or separate blocks. SPP is subject to Income Tax and National Insurance contributions through PAYE, just like your normal salary. If your employer offers enhanced paternity pay above the statutory rate, you receive that higher amount under your contract terms. Many larger UK employers now offer enhanced paternity packages. Employers reclaim SPP from HMRC — most reclaim 92% of the gross payment, with small businesses reclaiming 103% including National Insurance compensation.

How to Claim Paternity Leave and Pay

Notify your employer by the 15th week before your baby's due date (or as soon as reasonably possible). Provide an SC3 form (or your employer's equivalent) stating: your name, the baby's due date, when you want leave to start, and whether you are taking 1 or 2 weeks. You can change the start date with at least 28 days' notice. Paternity leave can start from the date of birth or from a chosen date after, but must be completed within 56 days of the birth (or 56 days from placement for adoption). Your employer pays SPP through the normal payroll. If your employer refuses or disputes eligibility, contact the HMRC Statutory Payments helpline on 0300 322 9422. For more details, see gov.uk paternity pay and leave.

Shared Parental Leave Explained

Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay after having a baby. The mother must end her maternity leave early (after the compulsory 2-week recovery period) to pass the remaining leave to the other parent. Both parents must meet eligibility: the mother must have been employed for at least 26 weeks by the 15th week before the due date, and the partner must have been employed for at least 26 of the 66 weeks before the due date, earning at least £123/week on average in 13 of those weeks. Shared Parental Pay is £184.03 per week or 90% of earnings whichever is lower. SPL can be taken in continuous blocks or split into up to 3 separate blocks, and parents can take leave at the same time or in turns. See gov.uk Shared Parental Leave for full details.

Paternity Rights and Protection from Discrimination

You have the same employment protections during paternity leave as other statutory leave. You are protected from unfair dismissal, detriment, and discrimination for taking or applying for paternity leave. Your employer cannot treat you unfavourably because you are taking time off. During leave, your contract continues — you accrue holiday, pension contributions continue, and you can return to the same job. If your employer makes redundancies while you are on paternity leave, they must offer you a suitable alternative vacancy in preference to other at-risk employees. Discrimination on grounds of paternity is unlawful under the Equality Act 2010. If you face discrimination, raise a grievance with your employer, contact Acas (0300 123 1100), or take a claim to an Employment Tribunal. See the Acas paternity rights guide for more.

What If You're Self-Employed or on a Zero-Hours Contract

Self-employed individuals are not entitled to Statutory Paternity Pay. You may be eligible for Universal Credit to help with living costs if your income drops after the birth. See our Universal Credit guide →. If you are on a zero-hours contract, you are still classed as an employee and qualify for SPP as long as you meet the 26-week continuous service and earnings tests. Your zero-hours contract should be treated the same as any other employment for statutory parental pay. If you work for an agency, you may also be entitled if you have a contract of employment with the agency. Keep records of your earnings to prove your average weekly earnings. If you change jobs during pregnancy, continuity of service carries over if the new job starts within a week of leaving the old one.

FAQs

Can I take paternity leave if my partner is self-employed?

Yes — your partner's employment status does not affect your entitlement. You qualify based on your own employment and earnings regardless of your partner's situation.

Can I split paternity leave into separate days?

No — paternity leave must be taken as either 1 consecutive week or 2 consecutive weeks. You cannot take odd days. For flexibility, consider Shared Parental Leave instead.

What if my baby is born early?

If your baby arrives before your planned start date, you can take paternity leave from the date of birth or the day after. Notify your employer as soon as possible — you do not need to give 28 days' notice if the birth is early.

Does paternity leave affect my holiday entitlement?

No — your statutory holiday entitlement continues to accrue during paternity leave. You still get your full 5.6 weeks of annual leave. Your employer cannot reduce your holiday because you took paternity leave.

Can I take paternity leave and shared parental leave together?

Yes — you can take 2 weeks of paternity leave first, then switch to Shared Parental Leave for additional time off. The two are separate entitlements and do not conflict.