2024 Paternity Leave Changes: What UK Employers Need To Know

If you run a small business, paternity leave can feel like one of those HR areas that only becomes “urgent” when a team member tells you they’re about to become a parent.

In 2024, the rules changed in a practical way that affects how you plan cover, approve leave dates, and run payroll. The headline for employers is flexibility: eligible employees can now take paternity leave in two separate blocks and over a longer window.

Below, we break down the 2024 changes to paternity leave and what you should update in your business so you stay compliant and avoid awkward (and costly) disputes.

What Are The 2024 Changes To Paternity Leave?

The changes to paternity leave in 2024 apply in Great Britain (England, Wales and Scotland) and are designed to make paternity leave more flexible for families. For employers, it mainly impacts when leave can be taken and how it can be split.

1) Paternity Leave Can Be Taken In Two Separate Weeks

Previously, eligible employees could take either:

• one week of paternity leave; or
• two consecutive weeks of paternity leave.

Under the 2024 changes, eligible employees can still take up to two weeks total, but they can now take it as:

• one block of one or two weeks; or
• two separate blocks of one week each (non-consecutive).

From a planning perspective, this is a big shift. A team member might take one week when the baby arrives, and another week later (for example, when their partner returns to work, during a medical appointment period, or at a time when childcare is being arranged).

2) Leave Can Be Taken Any Time In The First 52 Weeks

Previously, paternity leave had to be taken within a short window after birth (or placement/adoption).

Under the changes to paternity leave in 2024, paternity leave can be taken at any point within the first 52 weeks of:

• the child’s birth; or
• placement for adoption.

This longer window can be helpful for families, but for employers it means paternity leave may show up months after the initial “new baby” conversation-so it’s worth setting expectations early about how your approval and notice process works.

3) Updated Notice Requirements (Practical Impact For Employers)

The updated framework generally separates:

• notice of entitlement (confirming they qualify and intend to take paternity leave), and
• notice of dates (the specific dates for each week/block).

In practice, you’re likely to see employees provide their “headline” intention earlier, then confirm the exact dates closer to the time-particularly if they’re splitting the leave into two separate weeks.

As a reminder on deadlines, employees generally need to give their entitlement notice by the end of the 15th week before the expected week of childbirth (or, for adoption, within 7 days of being notified they’ve been matched with a child). Then, they must usually give at least 28 days’ notice of the dates they want to take paternity leave (or, if that isn’t possible, as much notice as they can). Specific rules and exceptions can apply depending on the circumstances, so it’s worth checking the position for the particular employee.

When Do The 2024 Changes Apply?

These changes apply for babies with an expected week of childbirth on or after 6 April 2024, and for adoptions where the child is placed (or the adopter is matched) on or after 6 April 2024.

If you have an employee with a due date before that, the “old” rules may still apply-so don’t assume one policy covers every situation without checking the relevant dates.

Who Is Eligible And What Are Your Pay Obligations?

Although the rules on timing and splitting leave changed, the core eligibility rules and statutory pay framework are broadly the same.

As an employer, you’ll want a consistent internal process for checking eligibility and documenting your decision-especially if you have a lean HR function (or no HR function at all).

Paternity Leave Eligibility (In Simple Terms)

To qualify for statutory paternity leave, an employee usually needs to:

• be an employee (not genuinely self-employed);
• have at least 26 weeks’ continuous employment by the relevant qualifying week (often the 15th week before the expected week of childbirth); and
• have responsibility for the child’s upbringing and meet the relationship criteria (for example, the father, the mother’s partner, or the adopter’s partner).

If you’re not sure whether someone is an employee, worker, contractor, or consultant, it’s worth getting advice early-misclassifying status can create knock-on risks across parental leave, holiday pay and other entitlements.

Statutory Paternity Pay (SPP): What You Need To Budget For

Statutory Paternity Pay is typically paid at the statutory weekly rate (which changes each tax year) or 90% of average weekly earnings-whichever is lower.

In payroll terms, you should:

• confirm the employee’s average earnings and whether they meet the earnings threshold;
• apply the correct statutory rate for the relevant tax year; and
• keep records of how you calculated pay and the dates taken.

If you offer enhanced paternity pay (above statutory), check whether your enhanced scheme needs updating to reflect the new “two separate weeks” option. Many enhanced schemes accidentally assume “two consecutive weeks” because that’s how the old rules worked.

Also remember: even where the leave is unpaid (for example, if the employee doesn’t qualify for SPP), the leave entitlement might still apply depending on the circumstances-so don’t treat pay and leave as the same decision.

How Notice, Evidence And Payroll Will Work After April 2024

The biggest operational change is that employees can now “book” paternity leave more flexibly. That means your admin needs to be tight-otherwise you can end up with misunderstandings about what was requested, what was approved, and what should be paid.

What Notice Should You Ask For?

Under the updated approach, employees may still need to give notice of their intention to take paternity leave by a particular point in the pregnancy/adoption process, but they can confirm the specific dates closer to the time.

As a small business, a sensible approach is to:

• ask for the initial entitlement notice in writing (email is usually fine);
• ask for each block/week of leave to be confirmed in writing with as much notice as possible (and in any event, the statutory minimum notice where it applies); and
• document your response (approve, query, or request clarification) so there’s a clear audit trail.

This is also where having consistent HR documentation matters. If your parental leave wording is buried across offer letters, manager “custom and practice”, and payroll emails, you’re far more likely to make mistakes.

Do You Need Proof?

It’s common to ask for basic information such as:

• the expected week of childbirth (or placement date);
• the employee’s relationship to the child; and
• a declaration that they are taking leave to care for the child or support the other parent.

Be careful not to ask for more personal data than you need. Parental leave often overlaps with sensitive information about fertility treatment, medical matters, or family circumstances. Keep your requests proportionate and handle any documents securely.

Payroll And Record-Keeping: What Should You Track?

Once paternity leave can be split, it becomes easier to lose track of “how many weeks have been taken” and whether a week is statutory paid, enhanced paid, or unpaid.

We recommend tracking:

• the employee’s declared entitlement (one week or two weeks);
• each period of leave taken (start/end dates);
• the pay applied to each period (SPP/enhanced/unpaid); and
• any changes to dates (and the notice given for the changes).

It’s also worth sanity-checking your processes for other pay-related issues while you’re here-late or incorrect payment can quickly escalate into formal complaints. If you’re reviewing payroll processes, the issues covered in paying employees late are a helpful benchmark for what can go wrong (and how to prevent it).

Updating Your Policies, Contracts And Manager Training

The legal change is only half the story. The other half is implementation-making sure your documents and your people actually reflect the new rules.

This is especially important for small businesses, where one manager’s “informal approval” can unintentionally become the standard everyone expects.

1) Review Your Employment Contracts

Your Employment Contract might include:

• a parental leave clause (sometimes very short);
• a reference to statutory entitlements; and/or
• enhanced paternity benefits.

If your contract wording says “two consecutive weeks” (or implies that’s the only option), it could create confusion now that the law allows splitting into two separate weeks.

Even if you don’t offer enhanced benefits, it’s still worth checking that your contract doesn’t accidentally misstate the statutory position.

2) Update Your Staff Handbook And Policies

In most businesses, your parental leave “how it works in practice” lives in the handbook, not the contract. If your handbook hasn’t been updated since before April 2024, it’s time.

A well-structured Staff Handbook is usually the best place to set out:

• who to notify and when;
• how to request one week vs two weeks;
• how to request two separate one-week blocks;
• what happens if dates change; and
• what evidence you’ll ask for.

You can also align this with your broader Workplace Policy approach, so managers handle leave consistently across teams.

3) Train Managers On The “Real World” Questions

In a small business, most paternity leave friction comes from avoidable misunderstandings, like:

• “Can I take one week now and another week in six months?”
• “Do I have to decide both weeks upfront?”
• “What if the baby arrives early?”
• “Can you refuse the dates because we’re short-staffed?”

Even if managers aren’t making the final HR decision, they’re often the first point of contact. A short training session (plus a written checklist) can prevent inconsistent answers across your business.

If you’re already doing manager training, it can be useful to also include other “people management” foundations-like how you handle probation periods and performance conversations-so everyone is working from the same playbook.

Common Pitfalls For Employers (And How To Avoid Them)

The 2024 reforms are not designed to trip employers up, but the flexibility can create risk if you don’t have a clear process.

Here are the issues we see most often in small businesses when handling the changes to paternity leave in 2024.

Pitfall 1: Treating Paternity Leave As “Discretionary”

Statutory paternity leave is a legal entitlement where eligibility criteria are met. You can (and should) require notice and basic information, but you generally shouldn’t treat paternity leave as something you approve or deny based on preference.

What to do instead: use a simple written process and confirm decisions in writing. If you believe someone is not eligible, explain why and keep a clear record.

Pitfall 2: Not Accounting For Two Separate Weeks In Resourcing

Under the new rules, a key employee could take one week shortly after birth and another week later in the year-potentially during a busy trading period.

What to do instead: when an employee first flags paternity leave, have a practical planning chat:

• Are they likely to take one block or two blocks?
• Do they have a preferred timeframe for the second week?
• What cover options exist (cross-training, temporary support, adjusted deadlines)?

This won’t remove last-minute changes (because births are unpredictable), but it gives you a realistic forecast.

Pitfall 3: Getting The Pay Wrong (Or Paying The Wrong Weeks)

When leave is split, payroll errors become more common-for example, paying two weeks when only one was taken, or paying the incorrect statutory rate.

What to do instead: keep a simple “paternity leave tracker” for each employee that shows:

• entitlement confirmed;
• weeks booked/taken; and
• pay applied to each week.

Pitfall 4: Forgetting Other Rights That Sit Around Paternity Leave

Paternity leave often overlaps with other legal areas, such as:

• time off for dependants (in emergencies);
• holiday entitlement during leave and return-to-work planning; and
• working hours discussions after a new child arrives.

For example, if an employee asks to adjust working patterns after becoming a parent, you’ll want to consider your approach carefully and consistently.

It can also be a good time to sense-check your broader compliance, like the working time rules around rest, maximum weekly hours, and record-keeping.

Pitfall 5: Unintended Discrimination Or Detriment

Be cautious about how paternity leave impacts:

• performance reviews;
• bonus eligibility;
• promotion decisions; and
• selection for redundancy processes.

Employees should not be treated unfavourably because they’ve taken (or sought to take) statutory paternity leave. Even if the business pressure is real, your process needs to be fair and documented.

What to do instead: keep your performance and reward processes consistent, and train managers not to make “off the cuff” comments about commitment or availability that could later be relied on as evidence.

Key Takeaways

• The 2024 changes to paternity leave allow eligible employees to take paternity leave as two separate one-week blocks (or as one block of one or two weeks).
• Paternity leave can now be taken at any point within the first 52 weeks after birth or adoption placement, which affects forecasting and resourcing for small businesses.
• Statutory Paternity Pay rules broadly remain the same, but payroll errors are more likely when leave is split-track dates and payments carefully.
• Update your contracts and policies so they don’t accidentally refer to the old “two consecutive weeks” approach.
• Train managers on how to handle paternity leave requests consistently, and confirm key decisions in writing.
• If you’re unsure about eligibility, notice, or how paternity leave interacts with other workplace rights, getting advice early can save you a lot of time (and stress) later.

General information only. This article is not legal advice and is not a substitute for advice tailored to your circumstances.

If you’d like help updating your parental leave wording or getting your HR documents in order, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.