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
It might be written in an employee's contract that they get more than statutory paternity leave. This can be called 'enhanced' or 'contractual' paternity leave.
Giving notice
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
They must also confirm in writing that they are either:
- 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
When to give notice
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.
Parents who are newly eligible for paternity leave with a due date between 5 April and 25 July 2026
From 6 April 2026, employees are eligible for paternity leave from the first day of employment. Previously, employees had to work for their employer for 26 weeks before they were eligible.
On 18 February 2026, a temporary reduced notice period was introduced. Fathers and birth partners can give 28 days' notice, instead of 15 weeks'. This is only for parents who are eligible because of the law change. It allows parents to take paternity leave from the first day of the new law.
The temporary 28-day notice period applies if:
- the employee became eligible for paternity leave on 6 April 2026 because of the change in the law
- the expected due date is between 5 April and 25 July 2026
The usual 15-week notice period applies if:
- the due date is 26 July 2026 or later
- someone was already eligible for paternity leave before 6 April 2026
Example of when newly eligible parents should give notice
Kit and Bobby are expecting a baby on 23 April 2026. Bobby started working for their employer in January 2026. Bobby became eligible for paternity leave from 6 April 2026. This is because it became a 'day one right'. After 18 February 2026, Bobby could give 28 days' notice to take paternity leave.
Information to provide at least 28 days before starting leave
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
If an employee cannot provide information in time
It might not always be possible for an employee to give their employer information in 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. They 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, the employee might not be able 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 workers to contact them as soon as possible.
If the baby is born late
If the baby is born late, the employee must tell their employer the new paternity leave start date as soon as they can. This does not have to be in writing unless the employer requests it.
The employee might want 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 needs neonatal care
If the baby needs neonatal care, the employee might be eligible for neonatal care leave and pay. This is in addition to paternity leave.
Employees have the right to neonatal care leave from their first day of starting a job. This is after the baby has had at least 7 consecutive days of care.
Employees can take up to 12 weeks' leave and pay. It depends on how long their baby needs neonatal care for.
Employees are not able to take 2 types of leave at the same time. They can add neonatal care leave to the end of paternity leave if:
- they have already booked paternity leave
- the paternity leave is at the same time the baby is in neonatal care
Find out more about neonatal care leave and pay
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.
They can still take paternity leave 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
The employee might be 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.
Employers should be sensitive to the employee's preference and be led by them when having conversations about leave.
The employer might need to discuss something work-related with the employee. In this case, they could speak with someone else, such as the employee's friend or family member. They could agree:
- when to communicate with the employee
- how they will communicate - 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.
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Get more advice and support
If you have any questions about paternity leave, contact the Acas helpline.
You can also use the paternity leave and pay checker tool on GOV.UK