What paternity and unpaid parental leave are employees entitled to?

Last reviewed

Short answerPay, sickness and leave

Since 6 April 2026, eligible employees can take up to 2 weeks' paternity leave and up to 18 weeks' unpaid parental leave per child from their first day of employment. Statutory Paternity Pay is £194.32 a week or 90% of average weekly earnings, whichever is lower, and still needs 26 weeks' service.

Paternity leave and pay

Fathers, partners (including same-sex partners), adopters and intended parents in surrogacy can take 1 or 2 weeks, together or as separate one-week blocks, within 52 weeks of the birth. Leave cannot start before the birth. Employees should give notice of the due date at least 15 weeks before, and 28 days' notice of when they want leave to start.

Statutory Paternity Pay (from 6 April 2026) is £194.32 a week or 90% of average weekly earnings, whichever is lower. To qualify, employees 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.

Unpaid parental leave

Employees named on the birth or adoption certificate, or who have or expect to have parental responsibility, can take 18 weeks' unpaid leave per child up to the child's 18th birthday. Unless the employer agrees otherwise, it is capped at 4 weeks per child per year and taken in whole weeks (except for a disabled child).

Employees give 21 days' notice. Employers can postpone leave only for a significant business reason, must explain why in writing within 7 days, and must offer a new start date within 6 months. Leave cannot be postponed when a father or partner takes it immediately after the birth or adoption.

Bereaved partner's paternity leave

Since 6 April 2026, bereaved fathers and partners can take up to 52 weeks of paternity leave if the mother or primary adopter dies within the first year of the child's life.

The law

“he is entitled to at least two weeks' leave…”

Employment Rights Act 1996, section 80A

“to be absent from work on parental leave for the purpose of caring for that child…”

Maternity and Parental Leave etc. Regulations 1999, regulation 13

Sources

General information for employers in Great Britain, not legal advice. Check the official sources for your situation.

Key dates1 key date

  1. Day 1 rights to paternity leave and unpaid parental leave; bereaved partner's paternity leave

Future dates are expected dates and depend on Parliament.

What employers can do

  • Remove service requirements for paternity and parental leave from policies and contracts.
  • Keep the 26-week service test for Statutory Paternity Pay in payroll checks.
  • Tell employees within 28 days, using form SPP1, if they do not qualify for Statutory Paternity Pay.
  • Brief managers on the limited grounds for postponing parental leave.
  • Add bereaved partner's paternity leave to family leave policies.
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