Can paternity leave be taken in blocks of less than a week?

Employees can take up to two weeks paternity leave. The statutory provisions only allow for it to be taken as one week's leave or two consecutive weeks' leave.

This is not to say employers cannot let their employees take paternity leave in two separate one-week periods or in blocks of less than a week. However, employees will not be entitled to SPP for any period of paternity leave that does not comply with the statutory provisions. For example, if an employee takes three separate periods of paternity leave, each less than a week, he or she will not be entitled to SPP at all. If the employee took two separate one-week periods, he or she will only be entitled to SPP for the first week. If the employer paid the employee SPP in circumstances where he or she was not entitled to it, the employer could not recover the SPP from Inland Revenue.

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.