Paternity leave
Paternity leave allows employees to take time off work to bond with their child and support their partner after childbirth or adoption.
This leave is in addition to your holiday entitlement, and you do not have to be the child’s biological father to qualify.
However, you’ll need to meet certain criteria and follow specific steps to notify your employer that you wish to take this leave.
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Types of paternity leave
If your partner is expecting a child (or your partner is adopting a child) then you may be eligible for paternity leave and paternity pay.
Ordinary Statutory Paternity Leave
Ordinary Statutory Paternity Leave is time off to help you care for your child and the child’s mother. You can choose to take either one or two consecutive weeks of paternity leave, but not an odd number of days.
Leave and pay can be taken at any point within 52 weeks of the birth or adoption of their child, and employees will be able to split the leave into two blocks of one week.
Eligibility
To qualify for Ordinary Statutory Paternity Leave you must be an employee (rather than a worker or contractor, for example).
Currently, you must have been employed by your employer for at least 25 weeks ending with the 15th week before the expected week of birth, or ending with the week when you are notified as an adopter that you have been matched with the child.
However, from 6 April 2026, paternity leave will become a day 1 right. This change has been introduced through the Employment Rights Act 2025.
In order to qualify, you must also be:
- the child’s biological father and have, or expect to have, responsibility for the upbringing of the child, or;
- the mother’s partner, civil partner or spouse (includes same-sex relationships) and have, or expect to have, the main responsibility (apart from any responsibility of the mother) for the upbringing of the child, or;
- the partner, civil partner or spouse of the child’s adopter and have, or expect to have, the main responsibility (apart from the responsibility of the adopter) for bringing up the child.
How to take Ordinary Statutory Paternity Leave
To be eligible for Ordinary Statutory Paternity Leave, it’s important that you inform your employer of your plans and give them the correct amount of notice before your leave period begins.
You should inform your employer in writing, 15 weeks before the week the baby is due, or within seven days of being notified of being matched with a child by the adoption agency. You can use the GOV.UK website form (SC3) or your employer's own form to notify them.
Then let your employer know when you want your leave to start and how much you want to take, at least 28 days before you want to take it.
The employer can ask you to complete a self-certificate as evidence of your entitlement.
Shared parental leave
Shared parental leave and pay is also available for parents or adopters of children. Mothers, fathers and adopters can opt to share parental leave around their child’s birth or placement.
Frequently asked questions
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.