The law on statutory paternity leave and pay is changing on 6 April 2024.
This means there are different rules depending on when someone's baby is due.
It might be written in their contract that they get more than statutory paternity leave. This can be called 'enhanced' or 'contractual' paternity leave.
If the baby is due on or before 6 April 2024
An employee can choose to take either 1 or 2 weeks' statutory paternity leave. They must take the leave all in one block.
Information to provide before the 'qualifying week'
To take statutory paternity leave, the employee must tell their employer:
- that they're having a baby
- how much paternity leave they plan to take
- the date they want to start their leave
The employee must give this information to their employer before the end of the 'qualifying week'.
To work out the qualifying week, use a calendar to count back 15 weeks from the week the baby is due. The qualifying week starts on a Sunday and ends on a Saturday.
When an employee can start paternity leave
If there baby is due on or before 6 April 2024, an employee can choose to start statutory paternity leave:
- on the day their baby is born, or the day after if they're at work on that day
- on an agreed date after their baby is born
- a set number of days after their baby is born – for example 1 week after
An employee must take their statutory paternity leave within 8 weeks (56 days) of the birth.
They cannot start statutory paternity leave before the birth. But they could agree with their employer to take another type of leave before paternity leave, for example holiday.
If the baby is due on or after 7 April 2024
An employee can choose to take either 1 or 2 weeks' statutory paternity leave.
They can take the leave as either:
- 2 weeks together
- 2 separate blocks of 1 week
Information to provide before the end of the 'qualifying week'
To take statutory paternity leave, the employee must tell their employer:
- they're having a baby
- they're planning to take paternity leave
- the expected week of childbirth
The employee must give this information to their employer before the end of the 'qualifying week'.
To work out the qualifying week, use a calendar to count back 15 weeks from the week the baby is due. The qualifying week starts on a Sunday and ends on a Saturday.
An employee must also tell their employer in writing that they are one or both of the following:
- the child's father
- married to, the civil partner or partner of the mother or birth parent – this includes same-sex partners
They can do this in either:
- a letter or email
- the form statutory paternity pay and leave: becoming a birth parent (SC3) on GOV.UK
Information to provide at least 28 days before starting leave
If their baby is due on or after 7 April 2024, an employee must also tell their employer the dates of their leave.
They must do this at least 28 days before each period of leave. They do not have to do this in writing. However it's helpful to put it in writing to have a record. This could be in a letter or an email.
They must also tell their employer in writing that they will use the leave to care for either or both of the following:
- the child
- the child's mother or birth parent
They can do this in either:
- a letter or email
- the form statutory paternity pay and leave: becoming a birth parent (SC3) on GOV.UK
When an employee can start paternity leave
An employee can take their statutory paternity leave at any time in the first 52 weeks after the birth. This is if their baby is due on or after 7 April 2024.
They cannot start statutory paternity leave before the birth. But they could agree with their employer to take another type of leave before paternity leave, for example holiday.
If an employee cannot provide information in the required time
It might not always be possible for an employee to give their employer information in the required time. The employer should talk with them to check why. The employee must give the information without any further delay.
How the employer should respond
The employer should respond in writing confirming the dates the employee has requested. This can help keep everything clear.
If an employee is not eligible for statutory paternity pay while they're on paternity leave, the employer must tell them in writing.
The employer should do this within 28 days and can use the form non-payment of statutory paternity pay (SPP1) on GOV.UK.
If the employee is not asking for paternity pay, the employer should still respond in writing. For example, sending the employee an email or letter to confirm the dates of their paternity leave.
Changing the start date
If the employee wants to change the date they start paternity leave, they must usually give the employer 28 days' notice. This does not have to be in writing unless the employer requests it. However, it's helpful to put it in writing to have a record. This could be in a letter or email.
In some circumstances it may not be possible for the employee to give 28 days' notice of the change, for example if the baby is born early or late.
If the baby is born early or is sick
An employee might need to change the date they start paternity leave if their baby:
- is born early
- is born prematurely – more than 3 weeks before the date they were expected to be born (before 37 weeks)
- needs to stay in hospital for a time after birth
For example, they might decide to start it once their baby is home from hospital.
They will need to tell their employer the new date they're starting paternity leave.
The employer should be supportive of any difficult circumstances. They could allow for someone other than the employee to tell them, such as the employee's friend or family member.
The employee does not have to give the employer any formal evidence of the date of birth. But some employers might have a policy that asks for staff to contact work as soon as possible.
If the baby is due on or after 7 April 2024 but arrives early
The law on statutory paternity leave is changing on 6 April 2024.
An employee's baby might be due on or after 7 April 2024 but arrive early, on or before 6 April 2024.
In this case, the new law applies. This means that:
- the employee can take statutory paternity leave from the date the baby is born
- their leave must end within 52 weeks of the start of the week the baby was due
If the baby is born late
If the baby is born late, the employee must tell their employer the new date they're starting their paternity leave as soon as they can. This does not have to be in writing unless the employer requests it.
If the employee wants to take time off before the birth, they could agree with their employer to take another type of leave, for example holiday.
If the baby is due on or before 6 April 2024 but arrives late
The law on statutory paternity leave is changing on 6 April 2024.
An employee's baby might be due on or before 6 April 2024 but arrive late, on or after 7 April 2024. In this case, the current law applies. The employee must take their statutory paternity leave within 8 weeks (56 days) of the birth.
If there's a stillbirth or death soon after birth
If there's a stillbirth or the baby dies soon after birth, it might be difficult for the employee to tell their employer. The employer should allow for someone else to tell them, for example the employee's family member or friend.
The employer should offer support for the employee. When the employee is ready, they can talk about what time off they think they'll need.
Their paternity rights still apply if their baby:
- is stillborn after 24 weeks of pregnancy
- is born alive at any stage of the pregnancy but only lives for a short time
They can take paternity leave:
- at the time it was planned for – if they had already booked the leave before the baby died
- within 8 weeks of the baby's death – if they had not already booked paternity leave
If the employee is eligible for parental bereavement leave and pay, they have the right to take this after they finish their paternity leave.
Talking about paternity leave
The legal name for the time off is 'statutory paternity leave'. If the employee is not comfortable calling it paternity leave, they can let the employer know so they can support them.
Employers should be sensitive to the employee's preference and be led by them when having conversations about leave.
If the employer needs to discuss anything work-related with the employee, they could arrange with someone else, such as their friend or family member:
- when this communication happens
- how it happens, for example whether any urgent communication can be emailed to a friend or family member
If there's a miscarriage
A miscarriage means a pregnancy loss in the first 24 weeks.
Employees are not entitled to statutory paternity leave after a miscarriage. However, many people would still consider miscarriage a bereavement. The employer should still consider offering time off at what can be an extremely difficult time, both physically and emotionally.
Find out more about:
- if an employee or their partner has a stillbirth or miscarriage
- supporting an employee after a death
Get more advice and support
If you have any questions about paternity leave, contact the Acas helpline.
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