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Statutory Paternity Pay Rights UK 2026

Published: 6 June 2026Last reviewed June 2026Employment Rights Act 1996, s.80A–80B (as amended by Employment Rights Act 2025, ss.16–17); Social Security Contributions and Benefits Act 1992

From 6 April 2026, statutory paternity pay (SPP) is £194.32 per week — the lower of this flat rate or 90% of average weekly earnings — for up to two weeks. Under the Employment Rights Act 2025 (Royal Assent 18 December 2025), paternity leave became a day-one right from 6 April 2026: employees can take the leave from their first day, though the 26-week qualifying service requirement for the pay itself remains unchanged. Updated June 2026.

Source: Employment Rights Act 1996, s.80A–80B (as amended by Employment Rights Act 2025, ss.16–17); Social Security Contributions and Benefits Act 1992; acas.org.uk/paternity-rights-leave-and-pay.

What the law says

Statutory paternity leave and pay are governed by two separate statutory regimes:

  • The leave right is set out in the Employment Rights Act 1996, sections 80A–80B, as amended by the Employment Rights Act 2025.
  • The pay right is set out in the Social Security Contributions and Benefits Act 1992 and the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002.

The Employment Rights Act 2025 (ss.16–17) made paternity leave a day-one right from 6 April 2026. It did not change the pay qualifying conditions. Source: gov.uk/paternity-pay-leave.

For the wider ERA 2025 changes in force from April 2026, see ERA 2025 day-one paternity leave change.

The ERA 2025 change: leave versus pay

This is the most important distinction in the April 2026 reform:

Before 6 April 2026From 6 April 2026
Paternity leaveRequired 26 weeks' qualifying serviceDay-one right — no qualifying service needed
Statutory paternity payRequired 26 weeks' qualifying serviceStill requires 26 weeks' qualifying service

An employee who starts a new job and whose partner gives birth after just one week of employment can take up to two weeks of paternity leave under the day-one right. They will not receive statutory paternity pay — only the leave.

The qualifying week for pay purposes is the 15th week before the expected week of childbirth. You need 26 continuous weeks of service with the same employer by the end of that qualifying week to receive SPP. Source: acas.org.uk/paternity-rights-leave-and-pay.

Qualifying conditions for statutory paternity pay

To receive SPP, you must:

  1. Qualifying service: Have at least 26 weeks of continuous employment with the same employer ending with the 15th week before the expected week of childbirth.
  2. Lower earnings limit: Have average weekly earnings of at least £129 (the lower earnings limit from 6 April 2026) in the eight weeks before the qualifying week.
  3. Relationship with the child: Be the child's father, or the mother's or adopter's spouse, civil partner, or partner, or the intended parent in a surrogacy arrangement.
  4. Not taking maternity or adoption leave: You cannot claim SPP if you are taking statutory maternity or statutory adoption leave in connection with the same birth.
  5. Notice: Notify your employer at least 15 weeks before the expected week of childbirth of your intention to take paternity leave and your proposed start date. If you later need to change the start date of your leave, you must give your employer at least 28 days' notice of the revised start date. Source: Paternity and Adoption Leave Regulations 2002, reg.5–7.

Source: gov.uk/paternity-pay-leave/eligibility.

The SPP rate and payment period

From 6 April 2026, SPP is the lower of:

  • £194.32 per week (the statutory flat rate), or
  • 90% of your average weekly earnings

The 90% cap only matters if your average weekly earnings are below £215.91 per week (£194.32 ÷ 0.9). If you earn £215.91 or more, you receive £194.32 per week for each week of paternity leave.

SPP is paid for up to two weeks. You can choose to take one week or two consecutive weeks. Source: gov.uk/paternity-pay-leave/pay.

Your employment rights during paternity leave

During statutory paternity leave, you continue to:

  • Accrue annual leave at your normal rate.
  • Benefit from any pay rises awarded during your leave.
  • Have the right to return to the same job after leave.
  • Be protected from dismissal or detriment for taking paternity leave.

Source: ERA 1996, s.80A; acas.org.uk/paternity-rights-leave-and-pay.

Calculate your family pay

Use the free family pay calculator to estimate your statutory paternity pay entitlement. Enter your average weekly earnings for an instant result. No sign-up required.

Frequently asked questions

See the FAQ below. For individual circumstances, see ACAS or call the ACAS helpline.

Back to family pay rights.

Sources:GOV.UKACAS

Frequently asked questions

How much is statutory paternity pay in 2026?
From 6 April 2026, statutory paternity pay (SPP) is the lower of £194.32 per week or 90% of your average weekly earnings. It is paid for up to two weeks. To receive SPP you must have at least 26 weeks of continuous qualifying service with the same employer by the 15th week before the expected week of childbirth. Source: Social Security Contributions and Benefits Act 1992; gov.uk/paternity-pay-leave/pay.
Can I take paternity leave from day one of employment?
Yes. From 6 April 2026, paternity leave is a day-one right under the Employment Rights Act 2025. You can take up to two weeks of statutory paternity leave from your first day of employment. However, the 26-week qualifying service requirement for statutory paternity pay (SPP) is unchanged — leave entitlement and pay entitlement now have separate qualifying conditions. Source: Employment Rights Act 2025, ss.16–17; acas.org.uk/paternity-rights-leave-and-pay.
When can I take paternity leave?
Statutory paternity leave must be taken within 52 weeks of the birth (or the date of placement for adoption). You can take one week, two consecutive weeks, or two non-consecutive weeks — the rules on splitting weeks were relaxed for children born on or after 6 April 2024 (Paternity Leave (Amendment) Regulations 2024). You must notify your employer at least 15 weeks before the expected week of childbirth, stating when you intend to take the leave and which weeks. If you need to change the start date of your leave after giving initial notice, you must give at least 28 days' notice of the new start date. Source: ERA 1996, s.80A (as amended); Paternity and Adoption Leave Regulations 2002, reg.5–7; gov.uk/paternity-pay-leave.
What if I do not qualify for statutory paternity pay?
If you do not have 26 weeks of qualifying service, you are not entitled to SPP. You are still entitled to take paternity leave from day one (a right introduced from 6 April 2026). During unpaid leave, you retain all your employment rights including the right to return to the same job. Your employer may have an enhanced paternity pay scheme — check your contract. Source: acas.org.uk/paternity-rights-leave-and-pay; gov.uk/paternity-pay-leave/eligibility.
Does paternity pay apply to adoptions and surrogacy arrangements?
Similar rights apply in adoption and surrogacy situations. Eligible employees taking statutory adoption leave can receive statutory adoption pay (SAP), also at £194.32 per week or 90% of earnings from 6 April 2026, subject to qualifying conditions. A partner of someone taking adoption leave may be entitled to statutory paternity pay and leave on similar terms to birth situations. Source: gov.uk/adoption-pay-leave; acas.org.uk/maternity-paternity-and-adoption.
Is statutory paternity pay taxable?
Yes. SPP is subject to income tax and National Insurance in the same way as wages, deducted by the employer at source. Your employer recovers most or all of the SPP paid from HMRC: small employers (NI liabilities of £45,000 or less) recover 103% of SPP paid; larger employers recover 92%. Source: gov.uk/paternity-pay-leave/pay; SSCBA 1992.
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