Paternity Leave & Pay

Published on Friday 7 January 2022
  • Paternity Leave can only be taken in blocks of one or two weeks* (which can start on any day of the week (e.g. Tuesday – Monday). The leave cannot be split into separate weeks or days.
  • Paternity Leave must be taken any time up to eight weeks after the date of birth (or placement with the new adoptive parents for adoption within the UK, or date of entry into the UK for overseas adoptions).

* A week is the same amount of days that you normally work in a week, e.g. if you only work on Mondays and Tuesdays a week is 2 days.

How much is Statutory Paternity Pay?

2021-2022 Rates

Weekly Rate: Lesser of 90% of average weekly earnings or the standard fixed weekly rate of £151.20
Lower Earnings Limit: £120.00

How is eligibility for Statutory Paternity Leave determined?

To qualify for Statutory Paternity Leave, an employee must:

  • Be the natural or adoptive father of a child born or placed with him/her for adoption or the partner of the mother.
  • Have worked for their employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (EWC)/date they are matched with their adopted child.
  • Still be working for their employer when the Paternity Leave is due to start.
  • Be able to demonstrate that he/she has (or expects to have) responsibility for the child’s upbringing or is married to (or the partner of) the child’s mother.

To qualify for Statutory Paternity Pay the employee must also have average weekly earnings which are at least equal to the Lower Earnings Limit for National Insurance contributions (see above).

How does the employee notify his/her employer?

  • The employee should notify his/her employer, in writing, of his/her intention to take Paternity Leave by the end of the 15th week before the mother’s expected week of childbirth (EWC). Employees can use HMRC form SC3 for this purpose.
  • For an employee who is adopting a child, notification must be within seven days of the date on which the adopter has been officially notified of having been matched with the child.
  • Once the start date of the leave has been notified, employees may amend this but must give their employers 28 days’ notice in advance of the new start date.

For more detailed guidance in respect of Statutory Paternity Leave and Pay, please refer to www.gov.uk.