Factsheet: Paternity Rights for Employees

1. Paternity Leave
2. Paternity Pay
3. Shared Parental Leave
4. Keeping in Touch
5. Rights on Return to Work
6. Redundancy
7. Protection from Detriment and Dismissal (OPL and APL)

An increasing number of fathers are choosing to take paternity leave in order to care for a new arrival to the family or to provide support to their partners. Currently fathers and adopters are entitled to the following paternity leave and paternity pay.

Paternity Leave

Employees (and only employees) were previously entitled to take either one whole week or two consecutive weeks’ ordinary paternity leave (OPL) within 56 days of a child’s birth or placement for adoption as long as they meet certain eligibility criteria. The purpose of ordinary paternity leave is to enable the employee to care for the child, or to support the child’s mother or adopter. From 6 April 2026, fathers and partners can now take paternity leave within 52 weeks of the birth / adoption.

To be entitled you must be in one of the specified relationships with either the child or the child’s mother or adopter, and have responsibility for the child’s upbringing (or be expecting to do so). From 6 April 2026, there is no minimum service requirement for employees to be eligible for paternity leave. The relationship has to be either the father of the child or the spouse, civil partner or partner of its mother. You must tell your employer, at least 15 weeks before the week the baby is expected, the baby’s due date, when you want your leave to start (e.g. the day of the birth or the week after the birth) and if you want 1 or 2 weeks’ leave. Your employer can ask for this in writing.

Paternity Pay

Employees who take ordinary paternity leave following the birth or adoption of a child will, if they meet the eligibility and notice requirements which are similar to those set out above, be entitled to ordinary statutory paternity pay (OSPP). In addition, you must be receiving pay that is not less than the lower earnings limit for national insurance purposes. It is paid for one or two weeks at £194.32 (as of 6 April 2026), or 90% of average weekly earnings (whichever is lower).

Shared Parental Leave

Shared Parental Leave was introduced in 2015 and enables mothers to convert up to 50 weeks of their maternity leave, in addition to 37 weeks of their statutory maternity pay, into Shared Parental Leave (SPL) and pay, to be shared with you, their partner. Shared Parental Leave cannot be taken during the compulsory maternity leave period for mothers (usually the 2 weeks after the birth).

You are likely to be eligible for SPL if you satisfy the two tests. The ‘continuity of employment test’ means that you have been employed for 26 weeks by the end of the 15th week before the week the baby is due. You must also still be working at the start of each period of leave.

The second test is the employment and earnings test which must be satisfied by your partner. They must have worked for at least 26 weeks, earning, on average, at least £30 a week in any 13 weeks within the 66 weeks leading up to the due date.

To take SPL, you may need to submit up to five notices to your employer. Also, your partner is required to provide at least 8 weeks’ notice to convert her statutory maternity leave. Similarly, you must provide 8 weeks’ notice before the start date of the first period of leave.

From April 2026, the Employment Rights Act removes the requirement for SPL to be taken after Ordinary Paternity Leave. SPL may be taken at any time after the mother has completed her period of compulsory maternity leave of usually 2 weeks, and up to the day before the child’s first birthday.

Keeping in Touch

During SPL, you may have up to 20 SPL keeping-in-touch days, known as SPLIT days, without bringing your leave to an end. This is additional to the ten days that a mother may take. Your employer is not obliged to agree to SPL and keeping-in-touch days.

Rights on Return to Work

If you have exercised your right to take ordinary paternity leave you usually have the right to return to the same job that you were employed to do, immediately prior to taking this leave. If you have taken SPL, you have the right to return to the same job if the total amount of leave taken is less than 26 weeks. If it exceeds this amount, or if the SPL immediately followed a period of unpaid parental leave of more than four weeks, you have the right to return to the same job. However, if this is not practicable, you have a right to a job that is suitable and appropriate in light of the nature of the work set out in your employment contract, capacity and place of work.

Redundancy

Where a redundancy situation means it is not practical for your employer to continue to employ you on additional paternity leave under your existing contract of employment, you must be offered any suitable alternative vacancy and be given priority over and above any another employee who is also at risk of redundancy but not on maternity leave. This can be with an associated company. Your new terms and conditions must not be substantially less favourable than those in your previous contract. These provisions effectively give you priority over other employees in the redundancy exercise and puts you in a similar position to women on maternity leave, when a redundancy exercise takes place.

Protection from detriment and dismissal (OPL and APL)

You are protected from detrimental treatment and dismissal for reasons connected with your rights to ordinary paternity leave and additional paternity leave. There is no minimum qualifying service period.

There are some additional rules regarding adoption, especially from abroad. Further details are on the gov.uk website.

To speak to an expert Employment lawyer, contact us today on 01273 609911, or email info@ms-solicitors.co.uk.