Paternity rights guide

A plain-English guide to paternity leave, Statutory Paternity Pay and the practical checks that matter most before relying on an employer figure.

At a glance

Paternity leave and paternity pay are related but separate checks. From 6 April 2026, eligible employees can take paternity leave from day one of employment, while Statutory Paternity Pay still has its own conditions.

Key points

Paternity leave and paternity pay do not follow exactly the same qualification rules.
From 6 April 2026, paternity leave can be available from the first day of employment.
Statutory Paternity Pay is usually the statutory weekly rate or 90% of average weekly earnings, whichever is lower.
Notice still matters, though some transitional rules apply around the April 2026 change.

What often causes confusion

People often assume that qualifying for leave automatically means qualifying for pay.
The notice rules differ depending on dates and whether the birth or placement falls around the April 2026 change.
Adoption and surrogacy routes can have different wording and timing rules.
Shared Parental Leave can affect how families plan time off.

Leave basics

Paternity leave is for employees who meet the relevant conditions and give the correct notice. From 6 April 2026, the service requirement for leave changes to day one, which is a significant practical change for workers who recently changed jobs.

Pay basics

Statutory Paternity Pay is usually paid at the statutory weekly rate or 90% of average weekly earnings, whichever is lower. Tax and National Insurance are normally deducted in the same way as wages.

Use the SPP calculator

Check the due date or placement date

That date helps decide which notice rules and changeover rules apply.

Check earnings separately

Leave and pay are separate questions, so check the earnings threshold and calculation period if pay is disputed.

Check the notice already given

If the usual notice period was not met, look closely at whether the transitional 2026 rules help on your dates.

Useful next steps

Check SPP Read paternity pay and leave guide If SPP may not apply

Reviewed against GOV.UK paternity pay and leave guidance.