Factsheet: Understanding Paternity Rights

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

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. Entitlements to time off and pay have changed over time, including the introduction of Shared Parental Leave in 2015. 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 your employee 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, paternity leave is a day-one right and does not require any length of service before an employee is eligible. The relationship has to be either the father of the child or the spouse, civil partner or partner of its mother. They must tell you, at least 15 weeks before the week the baby is expected, the baby’s due date, when they want their leave to start (e.g. the day of the birth or the week after the birth) and if they want 1 or 2 weeks’ leave. You can ask for this in writing.

During ordinary paternity leave your employee is entitled to receive all their contractual entitlements with the exception of remuneration. Your employee may also be eligible for Shared Parental Leave.

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, your employee 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 (from 6 April 2026), or 90% of average weekly earnings (whichever is lower).

An employer who has made payments of statutory paternity pay is entitled to recover these from HMRC:

• 92% of the payments, unless they qualify for small employer’s relief.
• Where you qualify for small employer’s relief, an amount equal to:
  • the total SPP  paid; &
  • an additional 3% to 9% of the total SPP paid dependant on the tax year (9% for the 2026/2027 tax year).

Shared Parental Leave

Your employees may be eligible for Shared Parental Leave as, since 2015, mothers have been able to transfer up to 50 weeks of their maternity leave to be shared with their partner. They are also able to convert up to 37 weeks of their statutory maternity pay. Shared Parental Leave cannot be taken during the compulsory maternity leave period for mothers (usually the 2 weeks after the birth).

Two tests must be satisfied in order for your employee to be eligible for Shared Parental Leave. First, your employee must satisfy the ‘continuity of employment test’. To do so, by the end of the 15th week before the due date they must have been employed for 26 weeks and they must also still be working at the start of each leave period.

The employment and earnings test must also be met within the 66 weeks leading up to the due date by your employee having worked at least 26 of these weeks and having earned at least £30 a week on average in any 13 of these weeks.

Employees have a statutory right to submit up to three notices to book Shared Parental Leave, which must be given at least 8 weeks before the leave starts.

From 6 April 2026, the restriction on taking paternity leave after shared parental leave is removed. SPL may be taken at any time from the date of the birth up until the day before the child’s first birthday.

Keeping in Touch

A father on Shared Parental Leave is entitled to take up to 20 keeping-in-touch days or “SPLIT days”. However, your employee cannot insist on being given SPLIT days and neither can you require them to work any.

Rights on Return to Work

An employee who has exercised their right to take ordinary paternity leave or additional paternity leave usually has the right to return to the same job that they were employed to do immediately prior to taking the leave.

Redundancy

Where a redundancy situation means it is not practical to continue to employ your employee on shared parental leave under their existing contract of employment, they must be offered any suitable alternative vacancy and should 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 employee’s terms and conditions must not be substantially less favourable than those of the previous contract. These provisions effectively give your employee priority over other employees in the redundancy exercise and puts them in a similar position to women on maternity leave when a redundancy exercise takes place.

Protection from detriment and dismissal

Your employee is protected from detrimental treatment and dismissal for reasons connected with their 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.

For legal advice on paternity rights at work, contact us today on 01273 609911, or email info@ms-solicitors.co.uk.