Fatherhood is a transformative experience. However, for many fathers, understanding their rights to paternity leave, pay, and related entitlements can feel overwhelming. After all, the topic of paternity leave is often overshadowed by discussions on maternity leave or overlooked in workplace conversations.
To mark Father’s Day 2025, we want to highlight the different types of leave available for fathers in the UK. Whether you’re an employee, HR manager, or employer, this guide explores the full range of benefits, leave options, and entitlements. From statutory paternity leave to unpaid parental leave, we’ll ensure you’re well-informed about what’s available and how to make use of these rights.
This article was created by Lisa Moore, Senior Associate and Charlotte Wailes, Trainee Solicitor.
Types of Leave Fathers Can Take
Depending on their situation, fathers have access to various leave options. Below, we outline the key entitlements available in the UK.
1. Paternity Leave and Pay
Paternity leave is the most commonly known entitlement for fathers.
This form of leave allows fathers, or partners of mothers, to take time off work to bond with their new-born child, adoptive child, or baby conceived through surrogate arrangements.
In adoption or surrogacy cases, employees may be entitled to take adoption leave instead (please see further details below). However, in these circumstances, adoption leave could only be taken by one parent, and paternity leave would be available to the other parent.
Here’s what you need to know:
Eligibility
- Paternity leave is available for employees only.
- An individual must have worked for their employer continuously for at least 26 weeks by the 15th week before the baby is due.
- The individual must either be:-
- the biological father of the baby (with some responsibility for the child);
- the partner of the mother; or
- where the child is born to a surrogate mother they are, or their partner is one of the child’s biological parents, and they expect to obtain a parental order.
- Alternatively, in adoption cases, paternity leave is available where a child is placed with an employee (providing the employee has been continuously employed for at least 26 weeks ending with the week in which the agency notified of them of the match).
Taking Paternity Leave
- Under UK law, an eligible employee may take up to two weeks of statutory paternity leave. Their leave cannot start before the child’s birth and, for babies due on or after 6 April 2024, it must end within 52 weeks of the birth (or due date, if the baby is early).
Notice Period
- An eligible employee should notify their employer at least 15 weeks before the expected week of childbirth (or no more than seven days after the adoption agency notified you of being matched with a child), specifying when they will take their leave and how much leave they require.
Paternity Pay
- While on paternity leave, an employee will either receive statutory pay of £187.18 per week at the current rate or 90% of their average weekly earnings (whichever is lower). The rate usually increases in April each year.
- Some employers offer enhanced paternity policies so that employees receive pay at a higher rate and/or periods of longer paternity leave than the statutory minimum.
2. Time Off for Antenatal Appointments
Fathers-to-be, partners, and intended parents in surrogacy arrangements are entitled to up to two occasions of unpaid time off work to accompany the mother to antenatal appointments. Up to six and a half hours off work are allowed per appointment (including waiting time, travel time and the appointment itself).
This form of leave is available for employees and agency workers only.
While the default position is for this time off to be unpaid, some employers offer paid time off work and/or additional time off to attend antenatal appointments above the statutory entitlement.
In any event, this entitlement ensures that fathers can actively partake in key moments during the pregnancy. Employers cannot refuse reasonable requests for time off under this provision.
3. Shared Parental Leave and Pay
Shared parental leave allows parents following the birth of a child or in adoption or surrogacy cases to split up to 50 weeks of leave and 37 weeks of pay. This follows the initial two weeks of compulsory maternity/adoption leave. Flexibility is key here, as parents can take time off together or alternate their shared leave periods.
Eligibility
- Shared parental leave is available for employees only.
- The employee must share primary responsibility for the child.
- The employee must have employed continuously by the same employer for at least 26 weeks and must remain employed with the same employer throughout the period of leave.
- The other parent must have worked in at least 26 of the 66 weeks by the end of the 15th week before the due date or, as an adoptive parent, by the end of the week of a match being confirmed.
- Both parents must give the required statutory notices and declarations.
- Both parents must meet a certain threshold of minimum earnings.
Taking shared parental leave
To apply for shared parental leave, an employee must provide at least 8 weeks’ written notice of their leave dates. They should also provide details of their intended pattern of leave. It can be taken either all at once or in blocks. The employee’s partner will also need to make a separate application to their own employer.
In order for shared parental leave to start, the mother must either return to work which would end any maternity leave. Otherwise, the mother must provide notice of the date on which she plans to end her leave as well as give notice of the date when she plans to end any maternity pay.
Shared leave is particularly beneficial for fathers who want to take a more active role in early childcare while allowing mothers to return to work sooner.
This arrangement has gained popularity among dual-income households and employers promoting work-life balance.
4. Unpaid Parental Leave
Parents may take unpaid parental leave to spend more time with their children. This type of leave is ideal for fathers who wish to be more present during important moments in their child’s development, such as starting school or attending special milestones.
Under UK law:
- Employees can take up to 18 weeks of unpaid leave for each child. Any parental leave taken with a former employer would count towards this entitlement.
- A maximum of 4 weeks per year per child can be taken (subject to an employer agreeing to extend this entitlement further), making it more of a long-term support mechanism than an immediate post-birth solution.
Eligibility
- Parental leave is available for employees only.
- An individual must have:
- at least one year’s continuous employment with their employer;
- have or expect to have responsibility for a child; and
- be taking the leave to spend time with or otherwise care for the child.
Taking parental leave
Parental leave is usually required to be taken as whole weeks, although does not have to be taken all at once.
Notice is typically required to be provided of an employee’s intention to take parental leave at least 21 days in advance.
In some circumstances, employers can opt to postpone periods of parental leave being taken where this will cause significant disruption to the business.
5. Time off for Dependants
Employees are also entitled to take a reasonable amount of unpaid time off work to care for dependants (including children) when unexpected events occur. This can include circumstances where it is necessary to:-
- provide assistance when a child falls ill or is injured;
- make longer-term care arrangements for a child who is ill or injured;
- take action required in consequence of the death of a child;
- deal with the unexpected disruption, termination or breakdown of arrangements for the care of a child; and/or
- deal with an unexpected incident involving a child while at school.
There is no particular minimum length of service or other eligibility criteria applicable to this form of leave. However, this is intended to be invoked where an immediate crisis arises rather than where planned leave is to be taken in the longer term. Reasonable time off under this form of leave would therefore typically be one or two days. It would usually be unpaid subject to where an employer may be willing to offer more beneficial terms.
6. Adoption Leave
Adoption Leave and Adoptive Pay fathers (or secondary adopters) qualify for paternity leave under similar conditions to statutory paternity leave. The same rules also apply to partners in surrogacy arrangements.
For a couple adopting a child, only one partner is eligible for adoption leave and pay and paternity leave would be available for the other parent.
Employers must treat adoption leave with the same significance as maternity and paternity leave.
Eligibility
- Adoption Leave is available for employees only.
- An employee must have worked for their employer continuously for at least 26 weeks by the week they were matched with a child.
- They would need to give their employer the required notice.
They would need to give proof of the adoption or surrogacy.
Taking Adoption Leave
A period of adoption leave can start as early as:
- the date of placement;
- the date the child arrives in the UK if adopting from overseas;
- the date the child’s born for a surrogate parent; or
- a date chosen which falls after the date of birth or placement.
An employer must be given at least 28 days’ notice where an employer wishes to change their start date.
In adoption cases on or after 6 April 2024, an employee will need to have taken their adoption leave within 52 weeks of the placement or arrival date.
Notice Period
An employee should notify their employer within 7 days of being matched with a child, specifying when they will take their leave, how much leave they require and the date the child will be placed with them.
Adoption Pay Leave
Statutory Adoption Pay is paid up to 39 weeks. While on adoption leave, an employee receives 90% of their average weekly earnings for the first 6 weeks and £187.18 weekly or 90% of their average weekly earnings (whichever is lower) for the next 33 weeks. Some employers may have a company adoption pay scheme so that employees may be paid more than the statutory amount.
7. Time off for Adoption Appointments
Where an eligible employee is adopting on their own or has elected to be the primary adopter, they may take paid time off work to attend an adoption appointment on up to five occasions in relation to any particular adoption.
An adoption appointment would include appointments for an employee to have contact with a child who is to be placed with them for adoption, or for any other purpose related to the adoption.
Where an eligible employee is considered to be a secondary adopter, they are entitled to up to two occasions of unpaid time off work to attend an adoption appointment.
This form of leave is only available for employees and agency workers.
As mentioned above, some employers do offer further paid time off work and/or additional time off to attend adoption appointments above the statutory entitlement.
8. Right to Request Flexible Working
The right to request flexible working is not specifically tied to fatherhood, but it is a valuable tool for parents who wish to balance the demands of their job with family life.
Eligibility
- Flexible working requests are available for employees only.
- An individual must not have made two flexible working requests during the last 12 months (which includes requests that have been withdrawn); and
- An individual must not have a previous outstanding request that has not yet been concluded.
Making a flexible working request
Eligible employees can request flexible hours, remote working arrangements, or part-time schedules.
Employers are obligated to consider such requests and cannot reject them without sound business reasons. Many fathers have benefitted from this provision to create a healthier work-life balance.
9. Neonatal Care Leave
In addition to paternity or adoption leave, a father may also be entitled to neonatal care leave. Where an eligible employee’s child receives neonatal care that starts within 28 days of birth and lasts for at least seven full days, they would be entitled to up to one week of leave for each qualifying week of neonatal leave, up to a maximum of 12 weeks.
Eligibility
- Neonatal care leave is available for employees only.
- An individual must be the child’s parent (including a biological parent, adopter, prospective adopter or intended parent under a surrogacy) or a parent’s partner and will have responsibility for the child’s upbringing.
Taking Neonatal Care Leave
- Neonatal care leave cannot be taken during the waiting period (which is the first week of neonatal care.
- This form of leave can be taken any time after the waiting period, up to 68 weeks after the date of birth.
An eligible employee may qualify for statutory neonatal care pay during this form of leave if they have already qualified for statutory maternity pay statutory paternity pay or statutory in respect of the child.
Statutory neonatal care pay is only payable in respect of whole weeks of neonatal care leave, at the same rate as statutory paternity pay (as mentioned above).
10. Parental Bereavement Leave
Finally, in certain circumstances, fathers may be entitled to parental bereavement leave. Namely, employees can take 2 weeks’ leave for each of their children under 18 (including children in their care) who has died or was stillborn after 24 weeks of pregnancy.
The leave must be taken within 56 weeks of the date of the death or stillbirth.
Employees may qualify for statutory parental bereavement pay during this form of leave where they have at least 26 weeks’ continuous employment ending on the Saturday before the child died and provided they meet the minimum earnings threshold.
Statutory pay is only payable in respect of whole weeks of leave and is again payable at the same as for statutory paternity pay.
The Role of Employers and HR Managers
Employers and HR professionals play a pivotal role in ensuring that fathers understand and access these benefits. Encouraging transparency and conversations about paternity leave can foster a more inclusive and supportive workplace.
Clear Communication:
Provide employees with clear guidance on their rights including in relation to paternity and parental leave. Mention any applicable key steps and deadlines as may be set out in your employee handbook or separate policies.
Inclusive Culture:
Normalise conversations about paternity leave so fathers don’t hesitate to access their entitlements.
Compliance with UK Law:
Failure to provide or consider statutory entitlements could result in significant legal repercussions.
At Jones Chase, we’ve helped countless employers and HR managers stay compliant with employment laws while creating inclusive policies for their teams.
Why Seek Expert Advice?
Navigating paternity leave laws can be challenging for employees and employers alike. Misunderstandings or mistakes lead to avoidable disputes, stress, and financial consequences. That’s where Jones Chase comes in.
Our London-based employment lawyers specialise in providing bespoke advice on all matters of paternity, parental leave, and broader family-friendly workplace policies.
But don’t just take our word for it. Here’s what one client had to say:
“I couldn’t have achieved the outcome that I did without you. You were a legal warrior when I needed you to look after my professional interests, and you provided incredible emotional support at a time when I was in a lot of distress. I feel lucky to have met you.”
How Jones Chase Can Help
Whether you’re a father unsure about your entitlements, an HR manager seeking to draft paternity leave policies, or an employer aiming to align with the law, we’ve got you covered.
- Get bespoke advice tailored to your circumstances.
- Ensure compliance with UK employment law.
- Optimise your workplace for inclusivity and fairness.
Contact Jones Chase Employment Lawyers today to discuss how we can support you through every step of the process.
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