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Birth 

To take paternity leave for a birth child, you must notify your employer of the baby’s due date by the 15th week before the baby’s expected week of childbirth.  

You can start your leave period on one of these dates:  

  • the day the child is born; 
  • a day which falls a certain number of days after the child is born, as specified by you to your employer before the child is born (for example, “14 days after the birth”); or 
  • a pre-determined date that falls after the first day of the week that the child is due, which you specify to your employer (for example, “on 1 December”).  

If your baby is due between 5 April and 25 July 2026 and you only became eligible for paternity leave on 6 April 2026 because of the change in the law, there is a temporary reduction in this notice requirement. Fathers and partners who meet these criteria can give 28 days’ notice, instead of 15 weeks.

You must also give your employer at least 28 days’ notice (or tell them as soon as reasonably practicable if the birth is premature) and give them the following information:

  • the baby’s due date (or date of birth if already born);
  • whether you want to take one week or two weeks’ leave;
  • when you want your paternity leave or periods of paternity leave to start. 

Your employer can ask you to provide the information in writing, and you can use form SC3. 

As soon as possible after the birth, you must notify your employer of the baby’s date of birth. 

If you want to change the start of your leave, you must tell your employer at least 28 days in advance, or as soon as reasonably practicable 

You must make a declaration that you are entitled to paternity leave (and pay if appropriate). You must give this declaration for each week of paternity leave if you take separate weeks. 

If your baby is stillborn after the end of the 24th week of pregnancy you are still entitled to paternity leave and Statutory Paternity Pay (if you meet the qualifying criteria). 

Adoption 

To take paternity leave for an adopted child, you must tell your employer of your intention to take paternity leave within seven days of being notified that you have been matched with your child.  

You can start your paternity leave from: 

  • the date of the child’s placement;
  • a certain number of weeks after the child is placed with you (for example, two weeks after placement);
  • a chosen date that falls on or after the expected date of placement. 

You must inform your employer that you want to take paternity leave within seven days of being notified by the adoption agency that you have been matched with a child.  

You should tell your employer: 

  • the week the child is to be placed;
  • whether you want to take one week, two separate weeks or a two-week block of leave; and
  • when you want your leave to start. 

If you have started your paternity leave and the placement does not work out, you are still entitled to paternity leave and pay. 

If you are late giving notice, give it as soon as possible and explain why you did not give it any earlier. 

The notice should include the expected placement date and a declaration that you are entitled to paternity leave, which means that: 

  • you have, or expect to have, responsibility for bringing up the child or are married to, or the civil partner or partner of the child’s main adopter 

You must also give notice of each occasion of leave requested that specifies the date and includes the declaration.  

This notice and declaration must be given at least 28 days before the date on which you wish to start your leave or if this is not possible, as soon as is reasonably possible. 

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.
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