Last reviewed: May 2026
Key facts:- Statutory Paternity Pay is paid for up to two weeks following the birth or adoption of a child, at the standard SPP rate or 90 per cent of average weekly earnings, whichever is lower.
- Since April 2024, eligible fathers and partners can take the two weeks in two separate one-week blocks at any time during the first year, not just consecutively in the first eight weeks.
- Eligibility requires 26 weeks of continuous employment by the qualifying week and average weekly earnings at or above the Lower Earnings Limit.
UK Employment Rights Hub › Statutory Paternity Pay
Statutory Paternity Pay supports fathers, partners and adopters during a short period of leave around the birth or adoption of a child. Reforms that took effect from 6 April 2024 made the entitlement more flexible: two separate weeks can now be taken at any point in the first year, not only in the first eight weeks after birth. This guide covers eligibility, the 2026 rates, how to give notice, and how SPP interacts with Shared Parental Leave.
How SPP Works
Statutory Paternity Pay is paid by the employer through the payroll. PAYE tax and Class 1 National Insurance contributions are deducted in the normal way. Employers can recover most of SPP from HMRC, similar to Statutory Maternity Pay recovery.
SPP is available to the biological father of the child, the partner of the mother, or the adopter partner. It is also available to the partner in same-sex relationships and to civil partners. The entitlement applies on the birth or placement for adoption.
The 2025/26 standard rate was 184.03 pounds a week, the same as SMP. The 2026/27 rate is uprated by September 2025 CPI in line with other statutory family pay rates.
Eligibility Conditions
To qualify for SPP, the employee must have been continuously employed by the same employer for at least 26 weeks by the end of the qualifying week. For births, the qualifying week is the 15th week before the expected week of childbirth. For adoption, it is the week the adopter is told they have been matched with a child.
The employee must also have average weekly earnings at or above the Lower Earnings Limit in the eight weeks ending with the qualifying week. The LEL for 2025/26 was 125 pounds a week. The 2026/27 figure is uprated alongside the National Insurance framework.
The employee must intend to take time off to support the mother or adopter, or to care for the child. The leave cannot be taken before the birth or placement. It must be taken within 52 weeks of the birth or placement.
The Two Weeks of Leave
Statutory Paternity Leave is two weeks. From 6 April 2024 the two weeks can be taken as two separate one-week blocks rather than as a single two-week block. The blocks do not have to be consecutive.
The leave must be taken within 52 weeks of the birth or placement for adoption. Before April 2024, the leave had to be taken in one consecutive block within 56 days of the birth. The new rules are significantly more flexible and reflect modern fathering patterns.
Notice of the planned leave must be given to the employer. For births, notice is 28 days before the planned start of leave. The notice can specify both weeks at once or each week separately. For adoption, notice must be given within seven days of being matched with the child.
Calculating the SPP Amount
SPP is paid at the lower of two amounts: the standard statutory rate, or 90 per cent of average weekly earnings. For most employees, the standard rate is lower. For employees with very low earnings, 90 per cent of earnings applies.
Average weekly earnings are calculated over the eight weeks before the qualifying week. The Alabaster rule that applies to SMP for retrospective pay rises also applies to SPP, although it is rarely relevant because the two-week pay window is short.
Enhanced contractual paternity pay schemes are common, particularly in larger employers. The contractual scheme often pays full salary for the two weeks, with the employer claiming back the SPP element from HMRC. The contractual scheme tops up SPP rather than replacing it.
Interaction with Shared Parental Leave
Statutory Paternity Leave and Pay can be taken alongside Shared Parental Leave. SPL allows up to 50 weeks of leave and 37 weeks of pay to be shared between the parents, with one parent reducing their statutory maternity or adoption leave to give the other parent SPL.
Where the partner intends to take Shared Parental Leave, they should still take their two weeks of SPP first, as this is a separate statutory entitlement. SPP is more generously paid for the first two weeks than ShPP, so taking the SPP weeks first maximises income.
Same-sex parents, civil partners and adoptive parents have the same SPP entitlement as different-sex biological parents. The legislation deliberately uses parent-neutral language to ensure equal access regardless of family structure.
Practical Use of the New Flexibility
Around the birth. Many partners take one week of paternity leave at the birth itself and a second week later when the mother is returning to work or facing a critical childcare gap. This was not possible before April 2024 when both weeks had to be taken in a single block in the first eight weeks.
Around antenatal appointments. The two weeks of paternity leave cannot be used before the birth, but partners are entitled to time off for antenatal appointments under the Employment Rights Act 1996. This is separate from paternity leave and is paid at the employer discretion.
Combining with Shared Parental Leave. Partners can take two weeks of paternity leave then move to Shared Parental Leave. SPL provides up to 50 weeks of additional leave (and 37 weeks of pay) that can be shared between the parents. The flexibility is significant.
Across multiple babies. A partner of twins or triplets gets the same two-week paternity leave entitlement as for a single baby. The leave is per pregnancy, not per child. Where multiple babies are involved, the partner often combines paternity leave with SPL for an extended period off.
Where to Get Free Independent Help
Acas (the Advisory, Conciliation and Arbitration Service) is the statutory body that provides free guidance to workers and employers on workplace issues including statutory paternity pay. The Acas helpline is the first port of call for many employment law questions. Acas also runs early conciliation before Employment Tribunal claims.
Citizens Advice and law centres provide free initial advice on statutory paternity pay. Some law centres have specialist employment law advisers and can represent claimants at Employment Tribunal hearings free of charge. The Law Centres Network website at lawcentres.org.uk lists centres by location.
Trade unions provide free legal advice and representation to members on statutory paternity pay. Even where the worker is not currently a union member, joining a union before issues arise gives access to professional advice if problems develop later. The TUC website at tuc.org.uk identifies relevant unions.
The Employment Tribunal handles workplace disputes that cannot be resolved through Acas. The tribunal is a no-cost jurisdiction (no fees to issue claims at the time of writing) and is designed to be accessible to litigants in person. The gov.uk employment tribunal pages explain the process.
For specific protected groups, dedicated organisations provide tailored support. The Equality Advisory Support Service helps with discrimination claims under the Equality Act 2010. Maternity Action specialises in pregnancy and maternity rights at work. Working Families is a charity supporting families with workplace flexibility issues.
Where the issue involves workplace health and safety, the Health and Safety Executive (HSE) is the enforcement body. HSE accepts reports from workers concerned about unsafe practices and can investigate. Reports are confidential to the extent practicable. The HSE website at hse.gov.uk explains how to raise a concern.
Putting It All Together
The rules above set out the legal framework, the practical steps and the support routes available. Where the situation is straightforward, the gov.uk pages and the official tools should be enough to act on. Where the situation is more complex, the free advice services listed in the previous section can usually clarify the position and identify the right next step. Many issues that look intractable at first turn out to be resolvable once the right service is engaged.
Keeping written records of communications and decisions throughout is good practice. Where a decision needs to be challenged later - through an internal complaint, an ombudsman, a tribunal or a court - the quality of the contemporaneous record often decides the outcome. Dates, names, reference numbers and copies of correspondence are the building blocks of any later dispute. The gov.uk advice pages and the relevant ombudsman or tribunal websites all set out the evidence they consider when reviewing decisions, and gathering that evidence from the start is one of the most effective protections available.
Frequently Asked Questions
How long is paternity leave?
Two weeks. From April 2024 this can be taken as two separate one-week blocks at any time within the first 52 weeks of the birth or placement, rather than only in the first eight weeks.
How much is Statutory Paternity Pay?
The standard rate or 90 per cent of average weekly earnings, whichever is lower. The 2025/26 standard rate was 184.03 pounds a week. The 2026/27 rate is uprated by September 2025 CPI.
Can I take paternity leave for an adopted child?
Yes. Statutory Paternity Leave and Pay are available for the adoptive partner. Notice must be given within seven days of being matched with the child.
What notice do I need to give my employer?
28 days notice for births. For adoption, notice must be given within seven days of being matched. The notice can be given for both weeks at once or each week separately.
Do I qualify if I have just started a job?
Not for SPP. SPP requires 26 weeks of continuous employment by the qualifying week. Employees who do not qualify for SPP may still be entitled to unpaid time off to attend antenatal appointments.
Can same-sex partners take paternity leave?
Yes. The legislation is parent-neutral. The partner of the mother or adopter is entitled to SPP regardless of gender or relationship structure.
Can my partner and I both take paternity leave?
No. Paternity leave is for the partner of the mother, who is not the mother themselves. Where there are two parents and one is the birth mother, only the other can take paternity leave.
What is the difference between SPP and ShPP?
Statutory Paternity Pay covers the two weeks of paternity leave. Shared Parental Pay covers Shared Parental Leave. Both are paid at the same statutory rate but they are different schemes with different eligibility rules and notice periods.
Can self-employed partners get SPP?
No. SPP is for employees. Self-employed partners may be able to claim Maternity Allowance based on the contribution test for the period they take off, but the rules are restrictive.
Can I take SPP twice for two children?
Each pregnancy or adoption gives a separate two-week SPP entitlement. So a worker with two children born in the same year can take 4 weeks SPP total, subject to the qualifying conditions for each.
How We Verified This
Information is taken from the Social Security Contributions and Benefits Act 1992, the Statutory Paternity Pay and Adoption Pay (General) Regulations 2002 on legislation.gov.uk, the Paternity Leave (Amendment) Regulations 2024, the gov.uk paternity pay and leave pages, and HMRC employer guidance.