Teacher Paternity Leave Guide

Teachers in England and Wales who are expecting a child — whether as the biological father, the mother's partner, or an adopter — have the right to take paternity leave and receive statutory paternity pay. While the statutory entitlement is relatively modest, some schools and academy trusts offer enhanced paternity pay under the Burgundy Book or their own policies. This guide explains the rules around paternity leave, Shared Parental Leave, and how to maximise your time off during this important period.

Statutory Paternity Leave and Pay

Eligible employees can take either one or two consecutive weeks of Statutory Paternity Leave (SPL). You cannot take odd days or split the weeks — it must be taken as a continuous block. Paternity leave must be taken within 56 days of the birth (or placement for adoption) and cannot start before the birth.

Statutory Paternity Pay (SPP) is paid at the lower of:

• £194 per week, or
• 90% of your average weekly earnings

For the vast majority of teachers, the flat rate of £194 per week applies, as 90% of a teacher's average weekly earnings will be considerably higher. This means that taking two weeks of paternity leave at the statutory rate results in a significant pay cut for that period. On a salary of £35,000, your normal weekly pay would be approximately £673, so the statutory rate represents a reduction of roughly £479 per week.

Burgundy Book Enhanced Paternity Pay

Teachers employed under the Burgundy Book conditions of service (typically in local authority maintained schools) may be entitled to enhanced paternity pay. The exact enhancement varies, but many local authorities offer full pay for one or two weeks of paternity leave, inclusive of SPP. This is significantly more generous than the statutory minimum.

Academy trusts and free schools set their own paternity pay policies. Some match or exceed the Burgundy Book provision, while others offer only the statutory minimum. It is essential to check your specific contract and your employer's family-friendly policies well before the expected date. If your academy trust's policy is unclear, ask your HR department for written confirmation of your entitlement.

Notice Requirements

You must notify your employer of your intention to take paternity leave by the 15th week before the expected week of childbirth — this is roughly the 25th week of pregnancy. The notice must include:

• The expected week of childbirth
• Whether you intend to take one or two weeks of leave
• When you want the leave to start (you can choose the date of birth, a specified number of days after the birth, or a specific date)

You can change the start date of your paternity leave by giving your employer at least 28 days' notice. Your employer cannot refuse your paternity leave request if you meet the eligibility criteria and give proper notice.

Shared Parental Leave (ShPL)

Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay between them. The mother must curtail her maternity leave for ShPL to become available. This gives families far more flexibility than the traditional paternity leave allocation.

How Shared Parental Leave Works

The mother must end her maternity leave early (she must take at least the first 2 weeks after birth as compulsory maternity leave). The remaining untaken maternity leave and pay can then be shared between both parents as Shared Parental Leave. For example, if the mother takes 20 weeks of maternity leave, the remaining 32 weeks of leave (and up to 19 weeks of pay) can be taken by either parent or both parents simultaneously.

Shared Parental Pay (ShPP) is paid at the same rate as SMP — £194 per week or 90% of average weekly earnings, whichever is lower. Some employers offer enhanced Shared Parental Pay, but this is less common than enhanced maternity pay. Teachers should check whether their school or trust offers any enhancement above the statutory ShPP rate.

Eligibility for Shared Parental Leave

Both parents must meet specific eligibility criteria. The employee taking ShPL must have at least 26 weeks' continuous service by the 15th week before the EWC and still be employed at the start of each period of leave. The other parent must have worked for at least 26 weeks in the 66 weeks leading up to the EWC and earned at least £390 in total across any 13 of those weeks (they do not need to be consecutive).

Taking Leave Around School Holidays

Teachers have the advantage of school holidays, which can be used to extend the time spent at home without using leave entitlement. If your baby arrives near a holiday period, you might choose to delay the start of your paternity leave to a specific date after the holiday, preserving your statutory entitlement for term time when you would otherwise need to be in school.

However, remember that statutory paternity leave must be taken within 56 days of the birth. You cannot save it for a later date. If the birth falls during the summer holiday and the 56-day window passes before term starts, you will lose the entitlement if you do not take it during the holiday period.

Pension Implications

During paid paternity leave (whether statutory or enhanced), your Teachers' Pension Scheme membership continues. Contributions are based on the pay you actually receive, but your pensionable service is credited as if you were on full pay. During any period of unpaid Shared Parental Leave, you can elect to pay contributions to cover the gap, but this is not compulsory.

Practical Steps for Teachers

• Check your contract and employer's paternity policy as early as possible
• Give formal notice by the 15th week before the EWC
• Consider whether Shared Parental Leave offers a better arrangement for your family
• Plan around school holidays to maximise time at home
• Budget for the reduced income during statutory pay periods
• Inform your head of department so that cover arrangements can be made

Use our take-home pay calculator to model the impact of statutory paternity pay on your monthly income, and explore the maternity pay calculator if your partner is also a teacher planning their leave.