Can I take paternity leave if I am on a zero-hours contract?

It depends on your employment status. Zero-hours contract staff are often classified as workers rather than employees, which means they do not have the statutory right to paternity leave. If you believe you meet the definition of an employee despite a zero-hours arrangement, seek advice from Acas or an employment adviser before assuming you have no rights.

Does paternity leave have to be taken immediately after the birth?

Under the 2024 reforms, no. You can now take paternity leave at any point within the first 52 weeks of the birth or adoption placement. You can split your two weeks into two separate one-week blocks and take them at different times during that 52-week window.

Can my employer refuse to pay me Statutory Paternity Pay?

Your employer can only refuse SPP if you do not meet the eligibility criteria - for example, if you have not been employed for 26 continuous weeks, or if your earnings fall below the Lower Earnings Limit. They must give you written reasons for any refusal using HMRC form SPP1. If you disagree, you can contact HMRC, which has enforcement powers over statutory pay.

What if my employer offers more than the statutory two weeks?

Some employers offer enhanced or extended paternity leave as part of their employment package. Your contract or staff handbook will confirm this. Enhanced terms are always in addition to, not instead of, your statutory rights.

How is paternity leave different from ordinary parental leave?

Ordinary parental leave is an unpaid entitlement allowing eligible employees to take up to 18 weeks off per child up to their 18th birthday. Paternity leave is a shorter, paid entitlement taken specifically around the time of birth or adoption. You can use both entitlements - they do not cancel each other out.

Paternity Leave UK Explained: Pay, Eligibility and Your Rights

Paternity leave in the UK explained: statutory paternity leave and pay, who qualifies, the 2024 reforms on splitting leave, notice rules and your job protection.

Paternity leave in the UK is a statutory right that applies across every industry and every kind of workplace — whether you are a nurse working shift patterns on an NHS ward, a chef running a kitchen, an electrician on a construction site, a teacher mid-term, a retail supervisor, or a software developer at a tech company. If you are an employee who has recently become a father or the partner of someone who has given birth or adopted a child, you have legal entitlements that your employer must respect. Understanding paternity leave UK rules — who qualifies, how much you get paid, how to give notice, and what has recently changed — puts you in a stronger position to plan your time with your new child without fear of losing your job or missing out on pay you are legally owed.

What Is Statutory Paternity Leave?

Statutory Paternity Leave (SPL) is the legal minimum amount of leave available to eligible employees after the birth or adoption of a child. You are entitled to either one week or two consecutive weeks of leave — you cannot take odd days scattered through the year under the standard paternity leave rules. The leave must be taken in one block (or, following the 2024 reforms described below, in two separate weeks — see the section on recent changes).

Paternity leave is separate from annual leave, parental leave, and Shared Parental Leave. It exists specifically to allow the partner of the birth parent or primary adopter to support their family during the early weeks of a child's life. The leave applies to:

Biological fathers
The partner (including same-sex partners) of the birth mother or primary adopter
Adoptive parents who are not the primary adopter taking adoption leave

Your employer cannot dismiss you, select you for redundancy, or subject you to any detriment because you have taken, or intend to take, paternity leave. These are strong protections that apply from the moment you notify your employer — not just from the date the leave starts.

Who Qualifies for Paternity Leave and Pay?

To be eligible for Statutory Paternity Leave you must be an employee (not a worker or self-employed contractor) and you must have been continuously employed by the same employer for at least 26 weeks by the end of the 15th week before the baby is due (the "qualifying week"). For adoption, the 26-week period runs to the date you were matched with the child.

You must also:

Have or expect to have responsibility for the child's upbringing
Be the biological father, or the mother's or primary adopter's spouse, civil partner, or partner
Not be taking adoption leave yourself for the same child

To receive Statutory Paternity Pay (SPP) on top of the leave entitlement, you must additionally earn on average at least the Lower Earnings Limit (LEL) for National Insurance contributions. The LEL is reviewed each April — check the current figure on GOV.UK before assuming you qualify. If you earn below the LEL you are still entitled to the leave (your job is protected) but you will not receive SPP during it.

Agency workers and zero-hours contract workers are generally classified as workers rather than employees and do not have the same paternity leave rights, although their situation can be more complex — check with Acas if you are unsure of your employment status.

How Much Paternity Pay Will You Get?

Statutory Paternity Pay is paid at the lower of a flat weekly statutory rate set by the government, or 90% of your average weekly earnings — whichever is the smaller amount. This means that if your average weekly pay is relatively low, your SPP may be based on the 90% figure rather than the flat rate.

Important: The exact flat weekly rate is reviewed and sometimes increased every April. Do not rely on a figure you read online or heard from a colleague. Always check the current rate on GOV.UK's paternity pay and leave page before making financial plans. The same applies to the Lower Earnings Limit threshold.

Some employers offer enhanced or occupational paternity pay that is more generous than the statutory minimum. Your contract of employment or staff handbook should confirm whether this applies to you. If your employer offers enhanced pay, you cannot be paid less than the statutory minimum.

SPP is paid in the same way as your normal wages — through your employer's payroll — and is subject to income tax and National Insurance deductions in the usual way.

For broader context on statutory pay entitlements, see our guide on maternity pay UK, which covers related rules for birth mothers and primary adopters.

Recent Changes: Splitting and Timing Your Leave

A significant reform to paternity leave rules came into effect in 2024. Previously, you had to take your paternity leave as one continuous block (one or two weeks together) and it had to be taken within 56 days of the birth or adoption placement.

Under the updated rules, eligible employees can now:

Split their two weeks of paternity leave into two separate one-week blocks, taken at different times
Take their leave at any point within the first 52 weeks after the birth or adoption placement — not just within the first eight weeks
Give shorter notice than previously required for when they intend to take each block

This is a meaningful change for workers in industries where taking two consecutive weeks at the exact point of birth is difficult — for example, a chef covering busy service periods, a nurse mid-rotation, or a teacher during term time. The flexibility to delay a week of leave until a later, more practical point in the year makes the entitlement more usable in practice.

Notice requirements under the reformed rules are simpler, but you should still inform your employer as early as possible. For the birth of a child, you should ideally give notice by the end of the 15th week before the expected due date, indicating that you intend to take paternity leave and the amount you plan to take. You can give notice for each separate week closer to when you want to take it — at least 28 days before the start of each block — though earlier is always better for workplace planning.

Check GOV.UK or speak to Acas for the specific notice deadlines that apply to your situation, as adoption and surrogacy arrangements have slightly different rules.

Paternity Leave vs Shared Parental Leave and Adoption Leave

Paternity leave, Shared Parental Leave (ShPL), and adoption leave are three separate entitlements that are often confused. Here is how they differ:

Paternity leave — up to two weeks for the partner of the birth parent or primary adopter. It cannot be extended beyond two weeks regardless of your employment history.
Shared Parental Leave (ShPL) — a more flexible arrangement where the birth mother or primary adopter can share some of their remaining maternity or adoption leave with their partner. ShPL can be used to take blocks of leave at different times, with both parents potentially off simultaneously or in rotation. ShPL is in addition to paternity leave — you can take your two weeks of paternity leave first and then use ShPL separately. ShPL eligibility and pay rules are different from paternity leave, so check GOV.UK carefully.
Adoption leave — the primary adopter in a couple is entitled to up to 52 weeks of adoption leave (similar to maternity leave). Their partner may take paternity leave or opt into Shared Parental Leave instead. Only one partner in an adoption can take adoption leave — the other uses paternity or ShPL.

If you are considering Shared Parental Leave, you may also find our guide on flexible working requests UK useful, as many parents use flexible working arrangements alongside or after ShPL to manage childcare commitments long-term.

Your Job Protection and What to Do If Refused

Your employment rights during paternity leave are protected by law. Your employer:

Cannot dismiss you or select you for redundancy because you took or plan to take paternity leave
Must allow you to return to the same job on the same terms and conditions after paternity leave
Must continue your pension contributions and other contractual benefits during paternity leave
Cannot refuse your paternity leave if you meet the eligibility criteria and have given proper notice

If your employer refuses to grant paternity leave, withholds SPP without good reason, or treats you unfavourably because you took leave, you have several options:

Raise a grievance internally — put your request and their refusal in writing and follow your employer's grievance procedure.
Contact Acas — Acas offers free, impartial advice on employment rights and can help you understand your options before taking formal action.
HMRC for pay disputes — if your employer refuses to pay SPP and you believe you are eligible, you can report this to HMRC, which has enforcement powers over statutory pay.
Employment tribunal — as a last resort, you can bring a claim to an employment tribunal for unlawful refusal of paternity leave or detriment related to your parental rights. Time limits apply — usually three months minus one day from the act complained of — so do not delay in seeking advice.

Treating an employee less favourably for taking or seeking paternity leave can also overlap with sex discrimination law in some circumstances. If you feel you have been singled out, Acas or an employment solicitor can help you assess the full picture.

For related protections, see our guides on unfair dismissal UK and holiday entitlement UK — the latter is relevant because you continue to accrue annual leave while on paternity leave, and that leave must be allowed to be carried over or taken.

Frequently Asked Questions

Can I take paternity leave if I am on a zero-hours contract?: It depends on your employment status. Zero-hours contract staff are often classified as workers rather than employees, which means they do not have the statutory right to paternity leave. However, employment status can be complex — if you believe you meet the definition of an employee despite a zero-hours arrangement, seek advice from Acas or an employment adviser before assuming you have no rights.
Does paternity leave have to be taken immediately after the birth?: Under the 2024 reforms, no. You can now take paternity leave at any point within the first 52 weeks of the birth or adoption placement, giving you far more flexibility than the old 56-day rule. You can split your two weeks into two separate one-week blocks and take them at different times during that 52-week window.
What if my employer offers more than the statutory two weeks?: Some employers offer enhanced or extended paternity leave as part of their employment package — for example, four weeks at full pay. Your contract or staff handbook will confirm this. Enhanced terms are always in addition to, not instead of, your statutory rights. If your employer offers enhanced leave, make sure you understand whether it comes with conditions, such as a requirement to repay some pay if you leave within a set period after returning.
Can my employer refuse to pay me Statutory Paternity Pay?: Your employer can only refuse SPP if you do not meet the eligibility criteria — for example, if you have not been employed for 26 continuous weeks, or if your earnings fall below the Lower Earnings Limit. They must give you written reasons for any refusal (using HMRC form SPP1). If you disagree with the decision, you can contact HMRC, which can investigate and direct payment where appropriate.
How is paternity leave different from ordinary parental leave?: Ordinary parental leave is an unpaid entitlement that allows eligible employees to take up to 18 weeks off per child up to their 18th birthday. It is separate from paternity leave and can be used for longer-term childcare needs. Paternity leave is a shorter, paid entitlement taken specifically around the time of birth or adoption. You can use both entitlements — they do not cancel each other out.

Disclaimer: This guide provides general information about paternity leave UK rules and is not a substitute for legal advice tailored to your specific circumstances. Statutory rates, earnings thresholds, and eligibility rules are reviewed annually (typically every April) and may change. Always verify current figures and rules on GOV.UK or via Acas before making decisions. If you are in a dispute with your employer, seek independent employment law advice promptly given the time limits that apply to tribunal claims.

Finding a job that respects your family commitments — from flexible shift patterns to parental leave policies — matters as much as the salary. Atlas scans thousands of listings across every industry to match roles to your real life, not just your skill set. Create a free account and let Atlas search for roles that fit your life.