Why this matters right now
The April 2024 Paternity Leave (Amendment) Regulations delivered the biggest reform to paternity pay since it was introduced in 2003. Two-week block replaced by two separate one-week blocks; notification requirement reduced from 15 weeks before birth to 28 days before each leave block. Fathers and partners now have materially more flexibility.
Eligibility
Two conditions must both be met:
- Continuous employment: employed for at least 26 weeks continuously with the same employer by the end of the qualifying week (15 weeks before expected childbirth).
- Earnings: average weekly earnings at least the Lower Earnings Limit (£125/week in 2025-26) in the 8-week reference period.
Also must be one of: biological father, mother's husband/partner, or the intended parent in a surrogacy arrangement.
The 2-week entitlement (post-April 2024)
Two weeks paternity leave, taken as:
- One continuous 2-week block, OR
- Two separate 1-week blocks.
Both blocks must fall within 52 weeks of the birth. Each block requires 28 days notice to the employer (previously 15 weeks before birth for the whole entitlement).
Paid at £187.18/week or 90% of earnings, whichever is lower (2025-26).
Case example: split paternity leave
A software developer took his first week of paternity leave in the immediate days after birth (August 2025). His partner returned to part-time work in November 2025 - he took the second week then to cover the transition to childcare arrangements. The 2024 flexibility allowed him to use the leave when it was most useful for the family rather than being forced to consume it all at birth. Total paternity pay received: £374 (£187.18 × 2 weeks). Many employers add occupational paternity pay on top.
Notice requirements (post-April 2024)
Simpler than the pre-2024 rules:
- Notify pregnancy and intention to take paternity leave by the end of the 15th week before expected childbirth.
- Notify each specific block start date at least 28 days before it starts.
- Can vary the notified dates with 28 days notice.
Employer confirms in writing within 28 days.
Occupational paternity pay
Many employers add enhanced occupational paternity pay on top of SPP:
- Public sector (NHS, Civil Service, teachers): often full pay for 2 weeks.
- Financial services: often 2-4 weeks full pay, sometimes more.
- Tech and professional services: variable, often 4-8 weeks.
- Standard commercial employers: often SPP only.
Check the specific policy in your staff handbook. Enhanced pay usually has similar repayment clauses to enhanced maternity pay.
Shared Parental Leave alternative
Parents can also opt into Shared Parental Leave (SPL), which allows the mother's maternity entitlement to be shared with the partner. SPL structure:
- Up to 50 weeks shareable leave (out of the mother's 52).
- Up to 37 weeks shareable Statutory Shared Parental Pay at the same rate as SMP flat rate (£187.18/week or 90% of earnings).
- Can be taken in up to three blocks per parent.
SPL is materially more flexible than paternity leave for families where the partner wants extended time. Notification and eligibility rules are complex - see GOV.UK.
Adoption and surrogacy variants
Similar entitlements apply for adopting and surrogate parents:
- Statutory Adoption Pay and Leave for the primary adopter (52 weeks leave, 39 weeks pay).
- Paternity Leave for the co-adopter or partner (2 weeks).
- Surrogacy: intended parents can apply for equivalent SAP/paternity via a parental order.
Enforcement
If your employer refuses or underpays SPP:
- Raise in writing.
- Contact HMRC Statutory Payments Disputes Team (0300 322 9422).
- HMRC investigates and can require correct payment.
- Tribunal claim as backup for detriment or dismissal related to paternity.
Useful calculators
- Notice period calculator
- Holiday entitlement calculator
- Final pay estimator
- Notice period calculator
- PILON calculator
Related guides
- Paternity leave UK
- Maternity leave UK
- Statutory maternity pay
- Resigning during maternity leave
- Employment rights checker
Authority pages
Frequently asked questions
- How much is Statutory Paternity Pay in 2025-26?
- £187.18/week or 90% of average weekly earnings, whichever is lower. Paid for 2 weeks. Since April 2024, the two weeks can be taken as two separate one-week blocks within 52 weeks of the birth.
- Am I eligible for SPP?
- Yes if: (1) employed for at least 26 weeks continuously by the qualifying week; (2) average weekly earnings at least £125 (2025-26 LEL); (3) you are the biological father, the mother's husband/partner, or the intended parent in a surrogacy arrangement.
- How much notice do I need to give for paternity leave?
- Since April 2024: notify pregnancy and intention to take leave by the end of the 15th week before expected childbirth. Notify each specific block start date at least 28 days before it starts. Can vary dates with 28 days notice.
- Can I take paternity leave in two blocks?
- Yes since April 2024. Take as one continuous 2-week block or two separate 1-week blocks, either or both within 52 weeks of the birth. Each block requires 28 days notice.
- What is Shared Parental Leave?
- An alternative allowing the mother's 52-week maternity entitlement to be shared with the partner. Up to 50 weeks shareable leave, 37 weeks shareable pay at £187.18/week (or 90% of earnings). More flexible than paternity for families wanting extended partner leave.
Sources and further reading
- Paternity and Adoption Leave Regulations 2002 — Paternity leave framework.
- Paternity Leave (Amendment) Regulations 2024 — April 2024 flexibility reforms.
- GOV.UK: Paternity Pay and Leave — Government guidance.
- GOV.UK: Shared Parental Leave and Pay — SPL alternative.
- ACAS — Free, impartial UK employment advice.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.