Employees must be one of the following, the: father husband or partner of the mother (or adopter) child’s adopter intended parent (if they’re having a baby through a surrogacy arrangement) Employees must also: be classed as an employee (paternity leave only) be employed by you up to the date the child is born (or placed with the adopter) (paternity pay only) be on your payroll and earn at least £123 a week (gross) in an 8 week ‘relevant period’ (paternity pay only) give you the correct notice be taking time off to look after the child or their partner be responsible for the child’s upbringing have been continuously employed by you for at least 26 weeks up to any day in the ‘qualifying week’ The qualifying week is the 15th week before the baby is due. This is different if the employee is adopting . Use the paternity pay calculator to check an employee’s eligibility and work out their relevant period, notice period and paternity pay. There are special rules for some employee situations, for example if they leave or become sick. If the child is born early If the child is born early, the employee is still eligible if they would have worked for you continuously for at least 26 weeks by the qualifying week. Employees in surrogacy arrangements Parents intending to have a child through a surrogacy arrangement may be eligible for Statutory Paternity Pay and Leave. If you ask, they must give you a written statement to confirm that they’ve applied or intend to apply for a parental order in the 6 months after the baby’s birth.

The notice periods and forms are different if the employee is adopting . Statutory Paternity Leave For babies expected before or on 6 April 2024, employees must tell you at least 15 weeks before the baby is expected: the due date when they want their leave to start how much leave they want For babies expected after 6 April 2024, employees must tell you the due date at least 15 weeks before the baby is expected. They must tell you when they want their leave to start, and how much leave they want to take, at least 28 days before. Notice does not have to be in writing unless you request it. Employees can ask for leave and pay in writing using the online form . This replaces form SC3. Employees will need to download or print the form after completing it and give you a copy. Statutory Paternity Pay Employees must claim paternity pay at least 15 weeks before the week the baby is expected. Notice does not have to be in writing unless you request it. Employees can ask for leave and pay in writing using the online form . Employees will need to download or print the form after completing it and give you a copy. Employees having a baby through a surrogacy arrangement can use form SC4 to request leave and pay. Late notice You can delay the leave or pay start date if the employee does not have a reasonable excuse for giving you the wrong amount of notice. To delay it, write to them within 28 days of their leave request.

Eligible employees are entitled to paternity leave and pay if they’re adopting a child. Calculate an employee’s paternity leave and pay using the maternity and paternity calculator . For overseas adoptions you’ll need to use your payroll software (if it has this feature) or work it out manually . Eligibility An employee adopting a child must: have been continuously employed by you for at least 26 weeks up to any day in the week they were matched with a child (UK adoptions) have been continuously employed by you for at least 26 weeks by either the date the child arrives in the UK or when they want their pay to start (overseas adoptions) confirm that their partner is getting Statutory Adoption Pay in writing or by giving you a copy of their partner’s form SC6 meet the other eligibility conditions for paternity leave or pay Notice period An employee adopting a child can send you form SC4 (or your own version) for: leave - no later than 7 days of their co-adopter or partner being matched with a child pay - 28 days, or as soon as they’re reasonably able, before they want their pay to start For overseas adoptions the form and notice period is different. The process is explained on form SC5 . Leave start date An employee taking paternity leave because they’re adopting can start their leave: on the date of placement an agreed number of days after the date of placement on the date the child arrives in the UK or an agreed number of days after this (overseas adoptions) Leave must be taken within: 56 days of the date of placement or the child’s arrival in the UK (for overseas adoptions) - for children who are placed or arrive before 6 April 2024 52 weeks of the date of placement or arrival - for children who are placed or arrive on or after 6 April 2024 Proof of adoption Employees must give you proof of adoption to qualify for paternity pay. Proof is not needed for paternity leave unless you request it. Proof can be a letter from their adoption agency or their matching certificate. You must keep records of the proof.

You can refuse Statutory Paternity Pay if the employee does not qualify. To do this send them form SPP1 within 28 days of their pay request. You must keep a copy. The employee can ask you for a written statement explaining your decision. You have to give this to them within a reasonable time, for example 7 working days.

You must keep records for HM Revenue and Customs ( HMRC ), including: the date Statutory Paternity Pay started the paternity payments you’ve made (including dates) the payments you’ve reclaimed any weeks you did not pay and why if adopting, a letter from the adoption agency or a matching certificate You must keep records for 3 years from the end of the tax year they relate to (for example by using form SPP2 or keeping your own records).

Help with statutory pay

For financial help with statutory pay , you can: reclaim payments (usually 92%) apply for an advance if you cannot afford payments

Statutory Paternity Pay and Leave: employer guide

Entitlement

Employees may be eligible for Statutory Paternity Leave and Pay if they and their partner are:

having a baby
adopting a child
having a baby through a surrogacy arrangement

This guide is also available in Welsh (Cymraeg).

Statutory Paternity Leave

If the baby is due before or on 6 April 2024, or before 6 April 2024 for adoptions

Employees can choose to take either 1 week or 2 consecutive weeks’ leave. The amount of time is the same even if they have more than one child (for example twins).

Leave cannot start before the birth. The start date must be one of the following:

the actual date of birth
an agreed number of days after the birth
an agreed number of days after the expected week of childbirth

Leave must finish within 56 days of the birth (or due date, if the baby is early).

The start and end dates are different if the employee is adopting.

If the baby is due after 6 April 2024, or on or after 6 April 2024 for adoptions

Employees can take either 1 or 2 weeks’ leave. If the employee is taking 2 weeks they can either be taken consecutively or separately. The amount of time is the same even if they have more than one child (for example twins).

Leave cannot start before the birth. The start date must be one of the following:

the actual date of birth
a specified number of days after the birth
a set date which is after the date of birth

Leave must finish within 52 weeks of the birth (or due date, if the baby is early).

The start and end dates are different if the employee is adopting.

There are different rules if you’re in Northern Ireland.

Statutory Paternity Pay

Statutory Paternity Pay for eligible employees is either £184.03 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.

Calculate an employee’s paternity leave and pay using the maternity and paternity calculator.

Some employment types, like agency workers, directors and educational workers, have different rules for entitlement.

Extra leave or pay

Employees can get more leave or pay if:

their partner returns to work and they qualify for Shared Parental Leave and Pay
your company scheme offers more

You must make sure your paternity leave and pay policies are clear and easily accessible to staff.

Reclaiming payments

Even if you pay an employee more than the statutory amount, you can usually only reclaim 92% of that amount. You may be able to reclaim 103% if you qualify for Small Employers’ Relief. Read more about reclaiming statutory pay.

Leave for antenatal appointments

Employees can take unpaid leave to accompany a pregnant woman to antenatal appointments if they are:

the baby’s father
the expectant mother’s spouse or civil partner
in a long term relationship with the expectant mother
the intended parent (if they’re having a baby through a surrogacy arrangement)

They can accompany the woman to 2 appointments of up to 6 and a half hours each.

If the baby dies

Employees still qualify for paternity leave and pay if the baby is either:

stillborn from 24 weeks of pregnancy
born alive at any point in the pregnancy but later dies

Employment rights

An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during paternity leave. You still have to pay Statutory Paternity Pay even if you stop trading.

View a printable version of the whole guide

Step 1 Decide what type of employee you need
1. Check whether you need full time or part time staff
2. Check the different types of employment status
and Check you can afford to take on employees
Step 2 Make your workplace safe and accessible for employees
You also need to make checks when you recruit and employ someone.
1. Find out what you need to check when you employ someone
Step 3 Register as an employer and set up PAYE
You need to register with HMRC so you can pay tax and national insurance for your employees.
Step 4 Check your responsibilities around workplace pensions
1. Understand your pension responsibilities as an employer
Step 5 Get Employers' Liability insurance
1. Find out about Employers' Liability insurance
Step 6 Recruit and employ staff
1. Employ someone

Statutory Paternity Pay and Leave: employer guide

Entitlement

Statutory Paternity Leave

If the baby is due before or on 6 April 2024, or before 6 April 2024 for adoptions

If the baby is due after 6 April 2024, or on or after 6 April 2024 for adoptions

Statutory Paternity Pay

Extra leave or pay

Reclaiming payments

Leave for antenatal appointments

If the baby dies

Employment rights

Step 1 Decide what type of employee you need

and Check you can afford to take on employees

Step 2 Make your workplace safe and accessible for employees

Step 3 Register as an employer and set up PAYE

Step 4 Check your responsibilities around workplace pensions

Step 5 Get Employers' Liability insurance

Step 6 Recruit and employ staff

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Statutory Paternity Pay and Leave: employer guide

Entitlement

Statutory Paternity Leave

If the baby is due before or on 6 April 2024, or before 6 April 2024 for adoptions

If the baby is due after 6 April 2024, or on or after 6 April 2024 for adoptions

Statutory Paternity Pay

Extra leave or pay

Reclaiming payments

Leave for antenatal appointments

If the baby dies

Employment rights

Part of Get your business ready to employ staff: step by step

Step 1: Decide what type of employee you need

and Check you can afford to take on employees

Step 2: Make your workplace safe and accessible for employees

Step 3: Register as an employer and set up PAYE

Step 4: Check your responsibilities around workplace pensions

Step 5: Get Employers' Liability insurance

Step 6: Recruit and employ staff

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK

Step 1 Decide what type of employee you need

Step 2 Make your workplace safe and accessible for employees

Step 3 Register as an employer and set up PAYE

Step 4 Check your responsibilities around workplace pensions

Step 5 Get Employers' Liability insurance

Step 6 Recruit and employ staff