Becoming a father is a significant life event, and UK law gives most employed fathers and partners the right to take paid time off to support their family after a birth or adoption. This guide covers everything you need to know about Statutory Paternity Leave and Pay for 2026, including eligibility, how much you will receive, and how to notify your employer.
Who is Eligible for Statutory Paternity Leave?
Not every employee automatically qualifies for Statutory Paternity Leave. You must meet all of the following conditions:
- Relationship to the child — you must be the baby's biological father, the mother's husband or civil partner, or the partner (including same-sex partner) of the birth mother who is living with her in an enduring family relationship.
- Continuous employment — you must have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the "qualifying week").
- Earnings threshold — your average weekly earnings must be at least £125 per week (the Lower Earnings Limit for National Insurance purposes) in the eight weeks leading up to the qualifying week.
- Responsibility for the child — you must have, or expect to have, responsibility for the child's upbringing.
You must also still be employed by the same employer when the leave starts.
Adoption paternity leave follows slightly different rules. If your partner is adopting, the qualifying week is measured from the date you are matched with a child rather than a due date. The entitlement — 1 or 2 weeks of leave and pay — remains the same.
How Much is Statutory Paternity Pay in 2026?
Statutory Paternity Pay (SPP) is paid at the lower of £187.18 per week or 90% of your average weekly earnings. If you earn less than £208.09 per week, the 90% rule will apply and your SPP will be lower than the flat rate.
SPP is paid for either one or two consecutive weeks, depending on how much leave you choose to take. It is subject to tax and National Insurance deductions in the same way as normal wages.
The table below compares SPP with Statutory Maternity Pay (SMP) so you can see how the two entitlements differ:
| Statutory Paternity Pay (SPP) | Statutory Maternity Pay (SMP) | |
|---|---|---|
| Duration | 1 or 2 weeks | Up to 39 weeks |
| Rate — first period | £187.18/week or 90% if lower | 90% of average weekly earnings (weeks 1–6) |
| Rate — remaining period | N/A | £187.18/week or 90% if lower (weeks 7–39) |
| Taxable? | Yes | Yes |
The £187.18 rate applies for the 2025/26 tax year. Rates are typically reviewed each April. If the government announces an increase for the 2026/27 tax year, your employer must apply the new rate from the relevant date.
How to Apply for Paternity Leave
You must give your employer written notice of your intention to take paternity leave by the end of the 15th week before the baby's expected due date — approximately 25 weeks into the pregnancy. If this is not possible in exceptional circumstances, you should give notice as soon as you reasonably can.
Most employers have their own paternity leave form, but if yours does not, you can use the government's SC3 form (available on GOV.UK). Your notice must include:
- The baby's expected week of birth
- Whether you intend to take 1 or 2 weeks of leave
- When you want your leave to start
You can change your start date later, provided you give your employer at least 28 days' notice before the original start date (or as much notice as is reasonably possible).
Your employer cannot refuse a request from an eligible employee — Statutory Paternity Leave is a legal right, not a discretionary benefit.
Taking Paternity Leave — Timing and Rules
Paternity leave must start on or after the day the baby is born. It cannot start before the birth. You have flexibility in choosing the exact start date — it can be the date of birth itself, a specific number of days after, or a specific date you have pre-agreed.
The key restriction is the 56-day window: your paternity leave must be completed within 56 days of the actual date of birth (or the due date if the baby is born early, whichever is later). If your leave would extend beyond this window, you will lose any remaining entitlement.
Critically, paternity leave must be taken in one continuous block. You cannot split it — for example, taking one week immediately after the birth and returning to work before taking the second week later. If you want more flexibility in how you share leave with your partner, Shared Parental Leave (see below) is the better option.
Shared Parental Leave as an Alternative
If two weeks of paternity leave is not enough, or if you want more control over how you and your partner divide your time off, Shared Parental Leave (ShPL) may be worth considering.
ShPL allows eligible couples to share up to 50 weeks of leave and up to 37 weeks of Statutory Shared Parental Pay between them after the birth. Unlike paternity leave, ShPL can be taken in separate blocks and both parents can even be off at the same time (subject to employer agreement for some block arrangements).
To use ShPL, the birth mother must curtail her maternity leave early, and both parents must individually notify their employers. Both parents need to meet their own eligibility criteria. The pay rate for Statutory Shared Parental Pay mirrors the lower SPP/SMP rate — £187.18 per week or 90% of earnings if lower.
If you are considering this route, plan well in advance: the notice periods are longer and the administration is more involved than a standard paternity leave request.
What if Your Employer Offers More?
The statutory entitlements described above are the legal minimum. Many employers — particularly larger organisations — offer enhanced or contractual paternity pay that is more generous. This might mean full pay for the full two weeks, or an extended period of leave at full or partial pay.
Check your employment contract or staff handbook for details of any enhanced scheme. If you are unsure, speak to your HR department. Enhanced pay is a contractual right rather than a statutory one, so the terms will vary between employers.
If your employer offers enhanced pay, you are still entitled to at least the statutory minimum even if your contract is silent on the matter.
For a detailed breakdown of what mothers receive during the same period, see our guide to Statutory Maternity Pay in 2026, including a step-by-step calculator. You may also find it useful to explore the full range of family financial support available through our UK Child Benefits Hub, which covers Child Benefit, Universal Credit top-ups, and other entitlements for new parents.