Your rights to ordinary paternity leave

Recent analysis by law firm GQ Littler shows uptake of statutory paternity leave fell last year compared with the previous year, when 204,200 men took it compared to 195,300 in 2023. The firm says the gap between the number of births and SPP claims “remains very significant” and that the level of pay is a key issue. It has called on the government to raise it by more than inflation. So what can you claim and how?

There are two types of paternity leave for dads: statutory paternity leave and Shared Parental Leave.

Statutory paternity leave

Dads who are eligible for statutory paternity leave are those who are employed and have worked for their employer continuously for at least 26 weeks up to the qualifying week [15th week before the due date] and give the correct notice. You must tell your employer by the 15th week before the baby is due that you are planning to take this leave.

Statutory paternity leave gives you up to two weeks’ leave after the baby is born.

As of this year, you can choose to take this in two blocks. You must take the leave in blocks of one week ie if you take just a few days off in a week it will count as a week. You can take them at different times of the year, Your leave cannot start before the birth, but it must end within 52 weeks of the birth (or due date, if the baby is early).

You must give your employer 28 days’ notice if you want to change your start date.

If you are adopting your period of Paternity Leave can start as early as:

• the date of placement
• the date the child arrives in the UK if you’re adopting from overseas
• the date the child’s born (or the day after if you’re working that day) if you’re a surrogate parent
• a date you choose which falls after the date of birth or placement.

Statutory paternity leave is for dads who are employed by their employer up to the date of birth, earn an average of at least £123 a week (before tax), give the correct notice and have been employed for 26 weeks before the qualifying week. Statutory paternity leave is paid at the statutory rate – currently £184.03 a week.

The other type of leave is Shared Parental Leave. This is where dads can take time off to care for the baby over a longer period; up to 50 weeks following the birth (or adoption). Between you and your partner, you will qualify for 37 weeks of Statutory Shared Parental Pay.

You can either take this leave at the same time, or individually. You can also break it into blocks of leave: you don’t have to take it all in one go.

If you’re planning to take Shared Parental Leave, you must inform your employer with at least eight weeks’ notice. See here for more details.

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