An employee can choose to take either 1 or 2 weeks' statutory paternity leave.
They can take the leave as either:
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.
To take statutory paternity leave, the employee must tell their employer:
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.
For example, Alex's baby is due on 1 May 2024. The qualifying week starts on Sunday 14 January 2024 and ends on Saturday 20 January 2024. Alex must give their employer the relevant information before Saturday 20 January 2024.
An employee must also tell their employer in writing that they are one or both of the following:
They can do this in either:
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.
For example, an employee wants to take 1 week of leave straight after the baby is born and 1 week at another time. They must give their employer at least 28 days' notice for each period of leave.
They must also tell their employer in writing that they will use the leave to care for either or both of the following:
They can do this in either:
An employee can take their statutory paternity leave at any time in the first 52 weeks after 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.
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.
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.
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.
An employee might need to change the date they start paternity leave if their baby:
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 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 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:
They can take 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.
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:
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:
The law on statutory paternity leave changed on 6 April 2024.
The previous law applies if either:
If you have any questions about paternity leave, contact the Acas helpline.