Paternity leave is a statutory employment right that allows eligible employees to take time away from work following the birth or adoption of a child. For employers, understanding how paternity leave in the UK works is essential for meeting legal obligations, ensuring payroll accuracy, and maintaining workforce continuity. The rules governing paternity leave are set out in legislation and supported by guidance from public bodies, but practical implementation still requires careful management.
From an employer's perspective, paternity leave means confirming paternity leave eligibility, assessing paternity leave entitlement, applying statutory notice rules, and ensuring that statutory payments are processed correctly. In addition, paternity leave has to be managed alongside maternity and shared parental leave arrangements, which can create administrative overlap if internal processes are unclear. Clear policies, accurate records, and consistent communication are essential to reduce compliance risks.
Key points employers need to know about paternity leave:
- Paternity leave is a statutory employment right
- Eligibility and entitlement are defined in law
- Leave and pay operate as separate legal concepts
- Employers must collect and retain specific documentation
- Accurate tracking supports payroll, planning, and compliance
What is statutory paternity leave in the UK?
Definition of statutory paternity leave
Statutory paternity leave is a legal entitlement that allows an eligible employee to take time off work following the birth or adoption of a child. In most cases, statutory paternity leave provides up to two consecutive weeks of leave, taken to support the mother or primary adopter. This entitlement applies across all sectors and organisation sizes.
Purpose and scope for employers
The purpose of statutory paternity leave is to support family life while protecting employment rights. For employers, this creates responsibilities around approving absence, coordinating cover, updating absence records, and ensuring that statutory rules are applied consistently.
Difference between statutory paternity leave and statutory paternity pay
It is important to distinguish between statutory paternity leave and statutory paternity pay. Leave relates to time off work, while pay determines whether the employee is paid during that period. An employee may qualify for leave but not pay, resulting in paternity leave unpaid where statutory pay conditions are not met.
Who is eligible for paternity leave?
Eligibility rules for employees
Paternity leave eligibility applies only to employees. Workers, agency staff, and self-employed individuals are not entitled to statutory paternity leave. The employee must also be responsible for the child’s upbringing and must take time off to support the mother or adopter.
Eligibility for partners, adoptive parents and intended parents
Eligibility is not limited to biological fathers. Paternity leave eligibility may apply to a partner of the mother, a same-sex partner, an adoptive parent, or an intended parent in a surrogacy arrangement, provided statutory conditions are met.
Minimum employment requirements for statutory pay
To qualify for statutory paternity pay, the employee must have at least 26 weeks of continuous service by the end of the qualifying week and meet minimum earnings thresholds. Where these criteria are not met, the employee may still take unpaid paternity leave.
Evidence employers must request
Employers may ask employees to provide written confirmation of paternity leave eligibility, the parent's responsibility for the child, and the intended leave dates. The availability of such evidence helps ensure payroll accuracy and compliance.
How much statutory paternity leave can an employee take?
One-week and two-week entitlement explained
Paternity leave entitlement allows eligible employees to take either one week or two consecutive weeks of statutory paternity leave. The leave must be taken as a single block and cannot be broken into individual days.
Rules on splitting weeks of leave
Employees are not permitted to split paternity leave entitlement into separate periods. Employers should ensure that internal systems and approval workflows reflect this restriction to avoid errors.
How paternity leave interacts with other types of leave
Paternity leave is separate from annual leave, sick leave, and shared parental leave. Employers should also consider how statutory rules interact with contractual maternity and paternity leave policies, particularly where enhanced benefits apply.
How much do employers need to pay during paternity leave?
Statutory Paternity Pay (SPP) rates
Statutory paternity pay is paid at a flat weekly rate set by the government or at 90% of the employee’s average weekly earnings, whichever is lower. Employers are responsible for calculating and processing this payment through payroll.
90% of average weekly earnings rule
Where an employee’s earnings fall below the statutory flat rate, statutory paternity pay must be calculated at 90% of average weekly earnings over the relevant reference period. Errors at this stage can lead to underpayment or overpayment.
Cost impact for employers and the recovery scheme
Most employers can reclaim statutory paternity pay through HMRC. Accurate records are essential, and some organisations use a paternity leave calculator to support internal checks when estimating statutory costs.
Enhanced paternity pay policies in companies
Some employers choose to offer enhanced paternity leave pay. These policies sit alongside statutory paternity pay and must be applied consistently to avoid discrimination or contractual disputes.
When can paternity leave start?
Timing rules around birth
Employers are often asked when paternity leave starts following childbirth. Leave can begin on the day of the birth, the day after the birth, or a later agreed date, but it must be taken within 56 days of the birth.
Timing rules for adoption
For adoption, paternity leave can start on the placement date or a later agreed date, subject to the same 56-day window.
Notice requirements employees must follow
Employees must provide notice of their intention to take paternity leave by the end of the 15th week before the expected week of childbirth, or within adoption-specific timelines.
How to handle late or incomplete employee requests
Clear internal procedures help employers manage late or incomplete requests while still meeting statutory obligations.
What documents must employers collect for paternity leave?
Required forms and written notice
Employers should collect a written declaration or paternity leave form confirming eligibility, leave dates, and the relationship to the child.
Confirmation of due date or adoption placement
Supporting documentation may include confirmation of the expected due date or adoption placement date.
Employee declaration requirements
Declarations must confirm responsibility for the child and the intention to take statutory paternity leave.
Employer documentation and record-keeping obligations
Employers must retain records for statutory periods to support payroll, compliance, and audit requirements.
What is shared parental leave, and how does it interact with paternity leave?
Definition of shared parental leave
Shared paternity leave arrangements allow parents to share leave once maternity leave is curtailed. Although legally referred to as shared parental leave, employers often encounter the term shared paternity leave in internal discussions.
Transfer of maternity leave into shared leave
Maternity leave can be converted into shared parental leave, which may affect how paternity leave entitlement is planned.
Impact on scheduling, planning and compliance for employers
Managing shared parental leave alongside paternity leave increases administrative complexity and requires accurate coordination.
How should employers manage paternity leave internally?
Step-by-step internal HR process
A clear process should cover request submission, paternity leave eligibility checks, approval, payroll coordination, and return-to-work planning.
Workflow for validating and tracking requests
Centralised systems reduce errors. Tools such as absence management software help employers track statutory leave accurately.
Coordination with payroll and HR teams
HR and payroll teams must work together to ensure paternity leave pay is processed correctly and on time.
Communication best practices with employees
Clear written communication reduces misunderstandings around paternity leave entitlement and pay.
How can employers ensure compliance with UK paternity leave regulations?
- Legal responsibilities for employers: Employers must comply with UK employment law and equality legislation when managing paternity leave.
- Internal policy creation: Written policies support consistent handling of paternity leave eligibility and entitlement.
- Monitoring legislative updates: Employers should track paternity leave changes in 2024 and update internal processes accordingly.
- Training HR managers and team leaders: Training ensures managers apply statutory rules correctly and consistently.
How Kelio supports employers in managing paternity leave and statutory absences
Kelio supports employers with statutory absence management through structured workflows, centralised documentation, and accurate tracking. By integrating leave data with payroll and employee scheduling software, organisations gain visibility, consistency, and compliance across statutory absence processes.
Discover how Kelio automates paternity and statutory leave management
