Navigating the arrival of a new baby is busy enough without getting tangled in red tape, but knowing exactly how to claim paternity leave is essential for securing your time off and Statutory Paternity Pay without a last-minute panic. While many new fathers assume their HR department will handle everything automatically, the process actually requires specific notice periods and a precise paper trail. Whether you're trying to decode the SC3 form or just need a clear deadline for notifying your manager, this guide breaks down the paternity leave process step by step — ensuring you meet the HMRC eligibility requirements and avoid any unnecessary payroll delays.
Read the full guide below or read the quick 60 Second Solution.
Who is Eligible for Paternity Leave?
What Are the Entitlements for Paternity Leave?
Step-by-Step Guide to Claiming Paternity Leave
After Claiming Paternity Leave
What is Paternity Leave?
Paternity leave is a statutory right that allows eligible employees to take time off work to care for their new child and support their partner. Paternity leave provides you with the right to take 1 or 2 weeks off work. This leave can be taken as either a single block of two weeks or as two separate one-week periods.
Who is Eligible for Paternity Leave?
To qualify, you must meet several criteria regarding your relationship to the child and your employment history.
- Relationship to the Child: You must be the baby's biological father, the mother's husband or partner (including civil partners and same-sex partners), or the intended parent (if having a baby through surrogacy).
- Employment and Earnings: You must have been continuously employed by the same employer for at least 26 weeks by the end of the 15th week before the baby's due date. You must also earn at least £129 per week on average (before tax).
- A Major Change from April 2026: The government has announced a significant change, effective from 6 April 2026, making paternity leave a "day one" right. This means you will no longer need to have 26 weeks' continuous service with your employer to be eligible for leave, allowing you to take it from your very first day in a new job. It is important to note that while the requirement for leave is being removed, the eligibility rules for pay will remain unchanged.
What Are the Entitlements for Paternity Leave?
The law has changed significantly in 2026, creating an important distinction between your right to take time off and your right to receive payment for that time off.
- Length and Timing of Leave: You are entitled to take either one week or two consecutive weeks of paternity leave. You cannot split this leave into odd days; it must be taken in blocks of full weeks. You have up to fifty-two weeks from the date of the child's birth or adoption placement to take this time off.
- Statutory Paternity Pay (SPP): If you qualify for payment, the statutory rate from April 2026 is £194.32 per week. Alternatively, you will receive ninety percent of your average weekly earnings if that figure is lower than the statutory rate. This money is paid through your normal payroll and is subject to the usual deductions for tax and National Insurance.
Step-by-Step Guide to Claiming Paternity Leave
Step 1: Calculate Your Key Dates
You need to be aware of two crucial dates: the "qualifying week" and your notice deadlines.
- The Qualifying Week: This is the 15th week before the week your baby is due. You can work this out by counting back 15 weeks from the Sunday of the week the baby is expected. The qualifying week always runs from a Sunday to a Saturday.
- Notice Deadlines:
- Initial Notice: You must inform your employer in writing of your intention to take paternity leave by the 15th week before the baby is due. This is the deadline for providing basic information like the due date and your relationship to the child.
- Leave Date Confirmation: You must tell your employer the exact dates you wish to take your leave at least 28 days before you want it to start.
- Transitional Rule: If you are a newly eligible parent (due to the day-one right change) and your baby is due between 5 April and 25 July 2026, a temporary, reduced notice period of just 28 days applies for the initial notification. This allows you to take advantage of the new law immediately. For babies due on or after 26 July 2026, the standard 15-week notice period applies.
Step 2: Give Written Notice to Your Employer
This is the formal start of your claim. You must provide this notice in writing. You have two main options:
- Use Your Employer's Form: Many employers have their own internal paternity leave request form. Check with your HR department or line manager.
- Use the Official SC3 Form: If your employer doesn't have a specific form, you can use the government's online form, previously known as the SC3 form ("Becoming a birth parent").
You can complete the online form on the HMRC website. Once completed, you must download or print it and then sign and send it to your employer. The form will ask for information such as:
- Your name and National Insurance number.
- The baby's due date.
- Your relationship to the child and the mother.
- A declaration that you meet the eligibility criteria.
Step 3: Confirm Your Leave Dates
Once you've given your initial notice, you must confirm the exact start and end dates of your leave. You must do this at least 28 days before your first day of leave.
You can do this in writing (which is recommended for record-keeping) or verbally, but be clear about whether you are taking one week or two. You can choose to take the leave as a single two-week block or as two separate one-week blocks.
Step 4: Notify Your Employer of the Birth
After the baby is born, you must inform your employer of the actual birth date as soon as possible. This is often a simple verbal or email confirmation, but it's a necessary step for your employer to finalise your pay.
After Claiming Paternity Leave
Your paternity leave can start on the day the baby is born, or on a later date you have agreed with your employer. It cannot start before the birth, and it must be taken within 52 weeks of the child's birth or adoption placement.
When your paternity leave ends, you have the right to return to the same job on the same terms and conditions. If you are not eligible for SPP or you need more time off, you might be able to arrange alternative leave, such as annual leave or unpaid parental leave, with your employer.
Special Scenarios
- Adoption: The process is very similar, but you use a different form called the SC4 form ("Becoming an Adoptive Parent"). The notice periods are the same.
- Neonatal Care: If your baby is born prematurely or sick and requires a stay in neonatal care, you may be eligible for up to 12 weeks of additional Neonatal Care Leave and Pay. This is on top of your paternity leave.
- Bereavement: If the mother or primary adopter dies, you are entitled to up to 52 weeks of leave as a day-one right, regardless of your length of service.
Last updated: 18/04/2026
60 Second Solution
Step 1: Check Your Eligibility
- From 6 April 2026, you can take leave from day one of any job – no 26-week wait.
- For pay, you still need 26 weeks’ service by the 15th week before the due date, and earn ≥£129/week.
Step 2: Know Your Entitlements
- Take 1 or 2 consecutive weeks off within 52 weeks of birth.
- Statutory pay = £194.32/week or 90% of earnings if lower.
Step 3: Give Written Notice
- Use employer’s form or HMRC’s SC3 form.
- Deadline: normally 15 weeks before due date.
- Exception: for babies due 5 April – 25 July 2026, you only need 28 days’ notice.
Step 4: Confirm Leave Dates
- Tell employer exact start/end dates at least 28 days before leave.
Step 5: Notify Birth
- Tell employer the actual birth date as soon as possible.