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Interactive help

You can get personalised help on what you qualify for by using the online paternity rights at work tool. The tool will give you a personalised statement of the Statutory Paternity Leave and Pay that you may qualify for. It will also build an interactive calendar to help you plan your Statutory Paternity Leave.

• Paternity rights at work tool Opens new window

Company schemes

Some employers have their own paternity leave arrangements which are more generous than the statutory entitlement. These will normally be included in your employment contract. You can always choose the Statutory Paternity Leave arrangement if this suits you better.

Time off for antenatal appointments

You do not have a legal right to time off to accompany your partner to antenatal appointments. The right to paid time off only applies to pregnant employees. However, many companies recognise this is an important time and let employees take paid time off or make up the time later.

Statutory Paternity Leave entitlement

To qualify for Statutory Paternity Leave you must be an employee. You must be taking the time off to support the mother or carer for the baby and intend to be fully involved in their upbringing. Rights to Statutory Paternity Leave are extra to your normal holiday allowance.

To qualify for Statutory Paternity Leave, you must have been with your employer for at least 26 weeks by either:

• the end of the 15th week before the start of the week when the baby is due
• the end of the week you are notified you are matched with your child

You must also be either the:

• biological father of the child
• mother's husband or partner (including same-sex relationships)
• child's adopter 
• husband or partner (including same-sex relationships) of the child's adopter

If you are a worker you will not qualify for Statutory Paternity Leave but may qualify for Statutory Paternity Pay.

If you are an agency worker, office holder or subcontractor, you will not normally have the right to Statutory Paternity Leave. However, you may be eligible for Statutory Paternity Pay.

• Understanding your employment status (employment section)

Not qualifying for Statutory Paternity Leave

If you don't qualify for Statutory Paternity Leave, your employer may be prepared to give you some time off, or you could take paid holiday.

If you qualify for Statutory Paternity Leave but not Statutory Paternity Pay you may qualify for income support while on Statutory Paternity Leave.

• Holiday entitlements: the basics (employment section)

• Income Support (money, tax and benefits section)

• Expecting or bringing up children (money, tax and benefits section)

Length of Statutory Paternity Leave

As long as you meet certain conditions you can take either one or two weeks' Statutory Paternity Leave. You can't take odd days off and if you take two weeks they must be taken together.

A week is based on your usual working pattern. So if you work Mondays and Tuesdays only, a week would be two days or if you work Monday to Friday, a week would be five days.

It is important that you give your employer the correct notice or you could lose your right to take paternity leave.  See Taking your Statutory Paternity Leave.

Your Statutory Paternity Leave can start on any day of the week (but not before the baby is born). It has to finish within 56 days of the baby's birth. If the baby is born before the week it was due, it must finish within 56 days of the first day of that week. You can start Statutory Paternity Leave after a period of parental leave has ended.

If your partner has a multiple birth, you are only allowed one period of Statutory Paternity Leave.

• Taking your Statutory Paternity Leave

Statutory Paternity Pay

Statutory Paternity Pay is paid for up to two consecutive weeks, depending on how long you choose to take Statutory Paternity Leave for. The current weekly rate is £124.88 or 90 per cent of your average weekly earnings, if that is less.

• Statutory Paternity Pay (money, tax and benefits section)

If you lose your baby

You can still take Statutory Paternity Leave if your child is stillborn after 24 weeks of pregnancy or is born alive at any point of the pregnancy.

• Coping with miscarriage and stillbirth

Flexible working

Parents of children aged 16 and under (or 18 and under if the child is disabled) are entitled to request to work flexibly. This can help you balance caring for your child and work. Your employer must consider your request and respond to you in writing.

• Flexible working (employment section)

What to do if you have problems

If you have a problem taking your Statutory Paternity Leave, talk to your employer first of all. If that doesn't help, you may need to make a complaint using your employer’s internal grievance procedure.

For more information on where to get help with employment issues visit the employment contacts page. If you are a member of a trade union you could get support from them.

• How to resolve a problem at work (employment section)

• Employment contacts

• Joining a trade union (employment section)

More useful links

• Parental leave and flexible working

• Advice for employers about paternity leave and pay from businesslink.gov.uk Opens new window