Who is entitled to paternity leave?

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The Employment Rights Act introduces major reforms to UK employment law, with changes being implemented in stages from December 2025 through to 2027.

Employment Rights Act

Published date

06 Apr 2026

Paternity leave is the right for the partner of someone giving birth to take two weeks’ leave following the birth or adoption of their child.

You are entitled to paternity leave if:

you are the father of the child or partner of the primary adopter and expect to have responsibility for the child; or
you are married to, or are the partner of, the person giving birth, but are not the child’s father, and you expect to have the main responsibility along with that person for the upbringing of the child.

Paternity leave applies to people in same-sex partnerships as well as heterosexual couples. It is not available to grandparents.

Statutory Paternity Pay is limited to two weeks’ pay at the statutory rate. Your employer may have a policy of paying more generously than this, especially if a union is recognised where you work and has been able to negotiate improvements to the basic statutory scheme.

You must be an employee to qualify for Statutory Paternity Leave. 

From 6 April 2026, an employee is entitled to Bereaved Partner’s Paternity Leave if their partner dies within a year of the baby’s birth or adoption. Bereaved partner's paternity leave is for the partner of someone who has died on or after 6 April 2026 and gives them up to 52 weeks’ unpaid leave to care for their child.

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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