Two rights, two sets of rules
People say "paternity leave" when they usually mean two separate things: the right to take time off (leave), and the right to be paid for it (pay). They have different qualifying rules — and since the Employment Rights Act changes of April 2026, the gap between them got wider. If your employer is restructuring while you are on leave, see redundancy and family leave rights.
Side-by-side comparison
| Question | Paternity leave | Paternity pay (SPP) |
|---|---|---|
| Service needed | None (day one) | 26 weeks by the qualifying week |
| Earnings test | None | At least £129 a week on average |
| Length | 1 or 2 weeks | 1 or 2 weeks |
| Rate | n/a | £194.32 or 90% of earnings, if lower |
| Notice | At least 28 days | By 15 weeks before the due date |
Paternity leave: now a day-one right
From 6 April 2026, eligible employees can take 1 or 2 weeks of paternity leave from their first day of employment, for children born or placed for adoption on or after that date. The old 26-week service requirement for leave was scrapped. The leave must be taken as whole weeks within 56 days of the birth, and you must give your employer at least 28 days' notice of your start date.
Paternity pay: still 26 weeks + earnings test
Statutory Paternity Pay (SPP) did not become a day-one right. To get paid, you still need:
- 26 weeks' continuous service with the same employer by the 15th week before the due date (the "qualifying week");
- Average weekly earnings of at least £129 (the 2026/27 Lower Earnings Limit);
- To be the biological father or the mother's spouse/partner;
- Written notice no later than 15 weeks before the due date.
The pay itself is £194.32 a week or 90% of your average weekly earnings, whichever is lower (2026/27), for 1 or 2 weeks. Unlike redundancy pay, it's taxed as normal earnings.
Which situation are you in?
- New starter, under 26 weeks' service: you can take leave, but statutory pay is likely not due. Ask about enhanced pay.
- 26+ weeks, earning £129 or more: leave and pay.
- 26+ weeks, earning under £129: leave but no pay, because of the earnings test.
What this means in practice
Scenario A — new starter: you joined 8 weeks ago and your baby is due next month. You can take 2 weeks' paternity leave (day-one right) but you won't receive SPP — the leave is unpaid unless your employer enhances it. Check your contract: many employers top up or remove the service test.
Scenario B — two years' service, £550/week: you pass both tests. Your weekly rate is £194.32 (the cap bites, since 90% of £550 is £495). Two weeks = £388.64, taxed as earnings.
Scenario C — part-time, £140/week: you pass the £129 earnings test. 90% of £140 is £126 — below the cap — so you get £126/week, your full 90%.
Deadlines to diary
- 15 weeks before the due date: written notice for paternity pay (use form SC3 on GOV.UK if your employer has no form).
- 28 days before leave starts: notice of your leave dates.
- 56 days after the birth: leave must be taken by this point.
What to do next
Run the paternity pay calculator to check both tests against your dates and earnings — it works out your qualifying week and deadlines automatically. For the weekly rate and worked examples, see statutory paternity pay rates. If you fail the pay test, talk to your employer early: many offer enhanced or discretionary paternity pay that ignores the statutory tests.