Can I get paid paternity leave?
The leave is now a day-one right, but the pay still needs 26 weeks' service. Statutory Paternity Leave is up to 2 weeks (one two-week block or two separate one-week blocks), taken within 52 weeks of the birth. As of 2026, the leave is a day-one right — the old 26-week service requirement was removed. To get the pay, though, you still need 26 weeks' continuous employment up to the qualifying week (the 15th week before the due date) and average earnings of at least £129 a week. Statutory Paternity Pay for 2026/27 is £194.32 a week, or 90% of average weekly earnings if that's lower. Separately, pregnant employees get paid antenatal time off, while partners get unpaid time off to attend up to 2 appointments (max 6.5 hours each). In short: yes to leave from day one, with pay if you qualify.
📋 The rules
- Up to 2 weeks paternity leave
- Leave is now a day-one right
- Pay needs 26 weeks' service + £129/week earnings
- Statutory pay is £194.32/week (or 90% if lower)
- Partners get unpaid antenatal time off (2 appointments)
🔓 Exceptions
- Baby loss: leave/pay still apply if stillborn from 24 weeks
- Agency workers need 12 weeks before antenatal accompaniment rights
- Can't combine with paid adoption-appointment time off
⚠️ Penalties & fines
These are rights, not penalties. Statutory Paternity Pay is £194.32 a week for 2026/27, with the Lower Earnings Limit at £129 a week; pay is made through payroll with tax and NI deducted, and the employer reclaims most of it from HMRC. You must tell your employer the due date 15 weeks before the baby is due, and give 28 days' notice to change a start date. If your employer decides you're not entitled to the pay, they must explain within 28 days using form SPP1. Company schemes can pay more, never less. Beware a myth: "you need 26 weeks' service before any paternity leave" is now false — the leave is a day-one right; the 26-week test only governs the pay. To claim: give notice 15 weeks before the due date and confirm your dates with your employer.
📎 Official sources
❓ Frequently asked
Am I entitled to paternity leave?
Yes — paternity leave is now a day-one right, so you no longer need a minimum length of service to take up to two weeks off around the birth or adoption. You can take it as one two-week block or two separate one-week blocks, at any point within 52 weeks of the child arriving.
How much is statutory paternity pay?
Statutory Paternity Pay for 2026/27 is £194.32 a week, or 90% of your average weekly earnings if that figure is lower. It's paid for up to two weeks through payroll, with tax and National Insurance deducted. Some employers offer enhanced paternity pay, but they can't pay less than the statutory amount if you qualify.
Do I qualify for the pay?
To get Statutory Paternity Pay you need at least 26 weeks' continuous employment with your employer up to the qualifying week — the 15th week before the due date — and average earnings of at least £129 a week. Even if you don't qualify for the pay, you can still take the leave, as that's now a day-one right.
Can I get time off for antenatal appointments?
Pregnant employees are entitled to paid time off for antenatal care. Partners have a right to unpaid time off to accompany them to up to two antenatal appointments, capped at six and a half hours each. Agency workers usually need to have worked 12 weeks before qualifying for the accompaniment right.
When do I have to give notice?
You should tell your employer the baby's due date and your intention to take paternity leave at least 15 weeks before the due date. If you later want to change the start date of your leave, you generally need to give 28 days' notice. Giving notice in good time helps your employer arrange pay and cover.
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