Paternity leave and pay

An employee qualifies for paternity leave of up to two weeks and pay, provided they meet certain conditions:

• the biological father of the child
• the husband or partner of the mother or adopter (this includes same-sex partners)
• the child's adopter
• the intended parent (if you're having a baby through a surrogacy arrangement)
• has, or expects to have, responsibility for the child's upbringing

A partner includes the spouse or civil partner of the pregnant woman and a person, of either sex, in a long-term relationship with her. The right applies whether the child is conceived naturally or through donor insemination.

In addition, they must:

• Have at least 26 weeks' continuous employment with you ending with the 15th week before the expected week of childbirth (EWC) - the qualifying week.
• Be working for you from the qualifying week up to the date of birth. If their contract ends before the birth, they do not qualify for paternity leave - unless they go on to work for an associated employer. If their contract ends after the birth of the baby, they retain their right to paternity leave (and pay if they qualify).
• Have notified you of their intention to take paternity leave - see employee notification of paternity leave - births.
• Be taking the time off to support the mother and/or care for the baby.

However, an employee will not qualify for paternity leave if they have previously taken shared parental leave in respect of the child.

You should treat the employee as having the necessary length of service if:

• the baby is born earlier than the 14th week before the EWC
• the birth hadn't occurred early, the employee would have been employed continuously by you for the 26 weeks

If you think the employee does not qualify for paternity leave and they dispute this, contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.

For more information on how much paternity leave eligible employees can take and when their leave can start, see the start and duration of paternity leave - births and surrogacy births.

For information on how eligible employees should notify you that they intend to take paternity leave, see employee notification of paternity leave - births.

Multiple births and paternity leave

Paternity leave remains at up to two weeks regardless of the number of children resulting from a single pregnancy.

Stillbirths and paternity leave

If an employee's wife or partner gives birth to a stillborn baby, they are still entitled to paternity leave - but only if the birth happens after 24 weeks of pregnancy.

Death of mother

The employee is still entitled to paternity leave if they would have been entitled to it but for the fact that the mother of the baby has died.

Miscarriage and paternity leave

Where a pregnancy ends before 24 weeks of gestation, and the child does not survive, the father (or the mother's spouse, civil partner, or partner) is not entitled to statutory paternity leave or pay.

Death of a baby during or after the day of birth

Where the baby is born alive and subsequently dies, even if the death occurs shortly after birth, the employee retains full entitlement to paternity leave and pay, provided the usual eligibility conditions are met. This entitlement applies regardless of how soon after birth the death occurs.

Parental Bereavement Leave

In addition to entitlement to paternity leave, bereaved parents are also entitled to Parental Bereavement Leave under Northern Ireland legislation.

Eligible employees are entitled to up to 2 weeks of Parental Bereavement Leave, which must be taken within 56 weeks of the date of the child’s death. The leave may be taken:

• as one continuous two-week period, or
• As two separate one-week periods, taken at different times within the 56-week window.

Parental Bereavement Leave may be taken immediately before or after paternity leave, or at any other time within the 56-week period following the death.

An employee’s employment rights are protected during Parental Bereavement Leave, including the right to accrue annual leave and to return to work.

Parental Bereavement Leave applies where an employee experiences any of the following:

• The death of a child under the age of 18
• A stillbirth after 24 weeks of gestation
• A miscarriage before 24 weeks’ gestation, where the miscarriage occurs on or after 6 April 2026, whether:
  • spontaneous, or
  • following the specified medical intervention

The miscarriage entitlement applies to the person who experiences the pregnancy loss and to other eligible parents or partners who have a defined relationship to the pregnancy.

Parental Bereavement Pay

Eligible employees may also be entitled to Statutory Parental Bereavement Pay, subject to meeting statutory eligibility requirements.

From 6 April 2026, in Northern Ireland:

• Both Parental Bereavement Leave and Statutory Parental Bereavement Pay are day one rights
• The previous 26-week service requirement for pay no longer applies

A self-declaration is sufficient; no medical evidence is required.

See Parental Bereavement Leave and Pay.

Enhanced paternity leave

If you wish, you can have enhanced paternity leave arrangements to attract and retain employees, which are more generous than the statutory entitlements.

For example, you may consider allowing all employees to take two weeks of paternity leave, regardless of their length of service.

You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis. If exercising discretion, caution should be taken to avoid claims of unfair treatment or discrimination.

Shared parental leave and pay

In addition, fathers, spouses, civil partners, or partners may be eligible for shared parental leave and pay, which was introduced in Northern Ireland in April 2015.