Police Paternity
Leave & Pay
Navigating Statutory Paternity Rights, SPP & Shared Parental Leave (2026)
Featured Definition
What is police paternity leave?
Police paternity leave is a statutory period of leave available to eligible officers following the birth or adoption of a child. It allows for up to two consecutive weeks of leave to support the mother or primary adopter and care for the child, paid at the statutory weekly rate (SPP). This framework is governed by UK legislation and interacts with the Police Regulations 2003 regarding service counting and pension.
Section 01
The Two-Week Framework
The core entitlement for police paternity leave in 2026 remains centered on a one or two-week block. This is not a flexible pool of days, but a dedicated period of time protected by statute to be used for family cohesion in the critical first weeks or months. For serving police officers, this framework is the primary tool for securing time off immediately following birth, and it serves as the legal foundation for all subsequent family leave discussions with Resource Management Units.
It is vital to understand that this entitlement is a "use it or lose it" statutory right. Unlike annual leave, you cannot carry it over or bank it for future years. If you do not take it within the 52-week window, the entitlement expires. Furthermore, the decision to take one or two weeks must be made at the point of notification; you cannot start with one week and decide mid-leave to take a second week if you have already returned to duty.
Section 19
Support & Federation
Navigating family leave in a 24/7 operational environment can occasionally lead to friction with resource planners. If you encounter resistance—such as being told you 'must' take annual leave or that your paternity block is 'denied' due to staffing—you should seek immediate support.
The Support Escalation Path
- Your local Police Federation rep (specifically the Equality Lead).
- Force HR / Shared Services 'Family Leave' specialists.
- Peer support networks (e.g., Force Parents' Networks).
Legal Protection
Remember: Statutory Paternity Leave is an absolute right. The Police Federation of England and Wales (PFEW) and Police Scotland/PSNI federations are well-versed in challenging local misinterpretations of these rules.
Key Rules of the Block
- Choose between taking one week or two consecutive weeks. You cannot take two separate weeks.
- The leave must be completed within 52 weeks of the birth (or placement date).
- Same entitlement applies even if you have multiple children (e.g., twins) from the same birth.
Snippet Target: "How long is police paternity leave?"
Police officers in the UK are entitled to either one week or two consecutive weeks of paternity leave. This must be taken as a single block within 52 weeks of the birth or adoption. You cannot take the leave in individual days or split the two weeks into separate instances.
Key Risk: The "Consecutive" Trap
If you take one week and return to work, you lose the right to the second week. Plan your return-to-duty date carefully with your resource management unit (RMU).
Section 02
Eligibility & The 26-Week Rule
Strict Eligibility Criteria
To qualify for paternity leave and Statutory Paternity Pay (SPP) as a police officer, you must meet the "continuity of service" test. This is often where new joiners or those moving between forces face complications.
- You must have been continuously employed by your police force for at least 26 weeks by the end of the "Qualifying Week".
- The Qualifying Week is the 15th week before the baby is due.
- You must be the biological father, the mother's husband or partner, or the child's adopter.
- You must expect to have responsibility for the child's upbringing.
Snippet Target: "Do police officers get paid paternity leave?"
Yes, police officers who have 26 weeks of continuous service by the 15th week before the Expected Week of Childbirth are eligible for Statutory Paternity Pay (SPP). This is paid at the prevailing government rate for one or two weeks. While some forces may offer local enhancements, the statutory minimum is standard across UK policing.
The "Qualifying Week" Calculator
How to find your cut-off date:
1. Take the Sunday the baby is due.
2. Count back 15 weeks.
3. You must have joined the force at least 26
weeks before that Saturday.
Crucial: Transferred service between forces usually counts if there was no gap in employment.
Section 03
Pay Explained
Paternity pay is traditionally lower than maternity pay in the UK police service. While mothers may receive 18 weeks of full pay (OMP), fathers and partners typically rely on the statutory minimum unless a force-specific local agreement exists.
Statutory Paternity Pay (SPP)
SPP is paid at either 90% of your average weekly earnings or the statutory weekly rate—whichever is lower.
- AWE is calculated over an 8-week "matching window".
- SPP is non-pensionable (only the pensionable portion of pay is).
- Tax and National Insurance are deducted as normal.
Snippet Target: "Is police paternity leave full pay?"
No. Under standard Police Regulations, paternity leave is paid at the Statutory Paternity Pay (SPP) rate, not full basic pay. This is currently set at a standard weekly amount by the government or 90% of average weekly earnings (whichever is lower). Some individual forces may provide local enhancements, but these are exceptions rather than the regulatory default.
Pro Tip: Check Your Local intranet
A handful of forward-thinking forces have introduced 1-2 weeks of full pay paternity leave. Always check your force's 'Family Leave Policy' on the intranet or speak to your Federation rep before assuming you will only get SPP.
| Pay Phase | Duration | Rate |
|---|---|---|
| Paternity Block | 1-2 Weeks | SPP (Flat Rate) |
| Extended (SPL) | ShPP (Flat Rate) | Statutory Cap |
| Unpaid Gap | Remainder | £0.00 |
Section 04
Notice & Evidence
The notice requirements for paternity leave are strict. Failing to notify the force in time can result in your leave or pay being delayed. Regulation requires that you give notice by the end of the 15th week before the baby is due.
The Notification Pack
You must tell your force HR or Business Center:
1. The baby’s due date.
2. Whether you want one or two weeks of leave.
3. When you want your leave to start.
Evidence: You may be asked to provide a copy of the MAT B1 form (or adoption matching certificate).
Snippet Target: "How much notice do you need to give for paternity leave?"
You must formally notify your police force of your intent to take paternity leave by the end of the 15th week before the baby is due ("the Qualifying Week"). You must specify the due date, the duration of leave (1 or 2 weeks), and when you'd like the leave to begin. Late notice may delay the start of your leave and pay.
Changing Your Mind?
If you need to change your start date, you must give at least 28 days' notice. We recommend keeping your Sergeant and the RMU updated as soon as you think your plan might shift—operational rotas are often set 3-6 months in advance.
Section 05
When Paternity Starts
Flexibility in the Start Date
Babies rarely arrive on their due date. The regulations recognize this, allowing you to choose one of three triggers for your leave.
- Trigger A: The Birth Date Leave starts on the day the baby is born (even if it's earlier or later than expected).
- Trigger B: A Fixed Date A set date you chose that falls after the expected week of birth.
- Trigger C: Days after birth A fixed number of days after the baby is born (e.g., "3 days after birth").
Snippet Target: "When can you take paternity leave?"
Paternity leave can start on the day of the birth, a predetermined number of days after the birth, or on a specific date after the Expected Week of Childbirth. All paternity leave must be taken within 52 weeks of the birth or placement. It cannot begin before the baby is born.
Operational Reality Check
Most officers opt for "Trigger A" (starting on birth). If the baby is born while you are on duty, your leave typically starts the following day, and the remaining hours of your shift are often handled as emergency leave or similar—check your force policy.
Section 06
Operational + Rota Reality
Policing is 24/7, and your paternity leave doesn't just impact you—it impacts your team's minimum staffing levels and the RMU's planning.
The Paternity Rota Checklist
- Confirm with RMU how rest days within your block are handled (usually they remain rest days if not using leave on those days, but some systems 'consume' them).
- Check for planned 'protected' training or court dates that conflict.
- Paternity leave cannot be cancelled by the force once scheduled, unlike annual leave.
Snippet Target: "Can your force refuse paternity leave?"
No. If you meet the eligibility criteria and provide the correct notice, your force cannot legally refuse your request for paternity leave. Unlike annual leave, paternity leave is a statutory right and its timing is driven by the birth/placement of the child, not operational demand. However, you must adhere to the 15-week notification deadline.
Court Warnings
If you are warned for court during your paternity block, you must inform the Witness Liaison department immediately. They will notify the CPS to seek an adjournment where possible, though the necessity of the witness means you should clarify your status early.
Section 07
Pension & Deductions
Pension rights for police officers during paternity leave are protected in a specific way. Unlike longer periods of unpaid leave, the short duration of paternity leave means the impact on your CARE 2015 pension is usually manageable, but it requires understanding.
The Contribution Logic
Your pension contributions during paternity leave are based on the actual pay you receive (SPP), not your normal full salary. However, for the purposes of your pension accrual, the service is treated as full service.
- • Accrual continues throughout the paid leave.
- • Contributions are lower (because SPP is lower than salary).
- • No 'gap' is created if the leave is paid.
Snippet Target: "Does paternity leave affect police pension?"
Paternity leave does not typically create a 'pension gap' because it is a paid period of leave. Your pension contributions will be deducted from your Statutory Paternity Pay (SPP) at your usual percentage rate. Because your pay is lower during this time, your actual contribution amount will decrease, but your service continues to count for accrual purposes.
Section 08
Overtime, Allowances & AWE
Does Overtime Boost Your Pay?
Average Weekly Earnings (AWE) are used to determine if you get the full SPP rate. If your earnings are very low, you get 90% of AWE.
The "Reference Period" for AWE is the 8 weeks ending at the Qualifying Week. High overtime in this window ensures you qualify for the maximum SPP rate, but because SPP is a capped weekly amount, overtime rarely makes the paternity leave check larger than the standard cap.
Snippet Target: "Does overtime affect statutory paternity pay?"
Overtime only affects Statutory Paternity Pay (SPP) if your average weekly earnings (AWE) are near or below the statutory cap. AWE is calculated over an eight-week window before the Qualifying Week. If your total taxable pay (including overtime and allowances) exceeds the threshold, you simply receive the standard flat-rate SPP.
Allowances Impact
Taxable allowances (London Weighting, etc.) are included in the AWE calculation. Non-taxable reimbursements are excluded. Most serving officers' basic salary alone is enough to hit the SPP cap.
Section 09
Paternity vs SPL
For many police families, the decision isn't just about the 2 weeks of paternity leave. It's about whether to use Shared Parental Leave (SPL) to create a longer period of supported care.
The Decision Framework
- Paternity leave is 2 weeks. SPL can be up to 50 weeks (shared with the mother).
- You can take paternity leave AND THEN take SPL.
- CRITICAL: If you take SPL first, you lose your right to statutory paternity leave.
Snippet Target: "What’s the difference between paternity leave and SPL?"
Paternity leave is a standalone statutory right for 1-2 weeks of leave. Shared Parental Leave (SPL) allows parents to share up to 50 weeks of leave and 37 weeks of pay if the mother ends her maternity leave early. In the police, paternity leave is usually the first choice, followed by SPL for extended childcare.
When SPL is worth it
If the mother earns significantly more than the father (or is in a career where returning early is vital), the father can take the remaining 'paid' weeks of maternity as Statutory Shared Parental Pay (ShPP). For two police officers, the financial benefit depends on whose OMP is exhausted first.
Section 10
Police Couples
Two Officers, One Rota
When both parents are serving officers (in the same or different forces), the planning requires double the coordination with RMUs.
The father/partner is entitled to his 2 weeks of paternity leave regardless of the mother's 18 weeks of full OMP. Taking them concurrently is common and encouraged for bonding, though it means the household income drops to [Full Pay + SPP] during that block.
Snippet Target: "Is paternity leave different for police couples?"
No, the statutory entitlement is the same. However, police couples should coordinate with their respective Resource Management Units (RMUs) early. If both are in the same force, the force may need to manage the simultaneous absence of two officers from the same or neighboring teams.
Section 11
Adoption & Surrogacy
The paternity framework extends to adoption and surrogacy, though the "Qualifying Week" is replaced by the "Matching Week".
Adoption Logic
- One parent takes Adoption Leave (similar to maternity).
- The other parent takes Paternity Leave (1-2 weeks).
- Leave must start after the child is placed for adoption.
Snippet Target: "Is paternity leave different for adoption?"
The duration and pay for adoption-related paternity leave are the same (1-2 weeks at SPP). The main difference is the notification period, which is linked to the "Matching Week" (the week you are told you've been matched with a child) rather than the due date.
Section 12
Rights & Protections
Equality Act & Employment Rights
As a police officer, your right to paternity leave is protected by law. You are entitled to return to the same job you were doing before you went on leave, with the same seniority and pension rights.
- Protection against detriment or dismissal for taking paternity leave.
- Annual leave continue to accrue during your paternity block.
- Performance assessments (PDRs) should not be negatively impacted by the absence.
Snippet Target: "Can your force refuse paternity leave?"
No. Paternity leave is a statutory right. Provided you meet the service and notice requirements, a police force cannot legally refuse your request or force you to take annual leave instead. You are also protected from any fair treatment or detriment as a result of taking your entitlement.
Section 13
The Pitfalls List
The 15-Week Rule
Missing the notice deadline by even a day can cause HR delays.
The Split Week
Trying to take 1 week now and 1 week later—it's not allowed.
Late Births
Not updating the RMU when the baby is overdue, leading to rota chaos.
SPL Lock-out
Taking SPL before paternity leave effectively cancels the latter.
Court Dates
Failing to check 'warned for court' status during the block.
AWE window
Reducing overtime in the 8 weeks before Qualifying Week, lowering SPP eligibility.
Pension Opt-out
Thinking you should opt-out because pay is low (don't, accrual is vital).
Emergency Leave
Confusing 'Emergency Leave for Dependents' with Paternity Leave.
Sick Leave
Going sick during paternity—the paternity leave usually continues regardless.
Section 14
Worked Scenarios
Scenario A: The Response Officer
PC Smith works a 6-on 4-off pattern with heavy overtime. His AWE in the reference window is £1,100. He takes 2 weeks of paternity leave.
Result: He receives the maximum flat-rate SPP for both weeks. His rest days remain rest days, but he must coordinate with his team to ensure minimum staffing isn't breached.
Scenario B: The New Joiner
PC Jones joined the force only 20 weeks before the Qualifying Week.
Result: He does NOT qualify for SPP or statutory paternity leave. He may need to use annual leave or explore 'Parental Leave' (unpaid) or local discretionary leave policies.
Scenario C: The Early Birth
The baby is born 3 weeks early, before PC Taylor has given his formal start date notice.
Result: He can still take his leave. He must notify the force as soon as reasonably practicable after the birth, and the leave will start on the day of the birth.
Scenario D: The SPL Pivot
PC Brown's partner is a doctor returning to work after 20 weeks. PC Brown wants to take over the care.
Result: PC Brown takes 2 weeks paternity leave on birth, then switches to 30 weeks of Shared Parental Leave (SPL) later in the year. This maximizes his time at home.
Scenario E: The Mutual Care Agreement
Both parents are police officers in the same force. The mother takes 6 months maternity; the father takes 2 weeks paternity at birth and then tags on 4 weeks of annual leave.
Result: The force Resource Management Unit (RMU) approves the plan because the notice was given 4 months in advance. The father secures 6 weeks at home during the initial unsettled period.
Scenario F: The Adoption Matching
A Detective Constable is matched with a child for adoption on a Tuesday. The child is to be placed on the following Monday.
Result: Because the matching feedback was sudden, the 15-week rule is waived (as per Adoption regs). The officer notifies HR within 7 days of matching, qualifying for 2 weeks paternity leave starting on placement.
Snippet Target: "Can you take paternity leave if the baby is early?"
Yes. If the baby is born earlier than expected, yours paternity leave rights are preserved. You must notify your force as soon as reasonably practicable. The leave can start from the actual date of birth, even if this is before the date you had originally planned to start your leave.
Section 15
Authority FAQ
Can I split my two weeks of paternity leave?
No. Statutory paternity leave must be taken in a single block of either one week or two consecutive weeks. If you choose to take only one week, you cannot take the second week later.
What happens if I'm on a career break?
To qualify for paternity leave, you must be in active service and meet the 26-week continuous service rule. A career break usually breaks continuity of service for statutory purposes unless your force has a specific agreement otherwise.
Is paternity leave different for Special Constables?
Statutory Paternity Leave is an employment right. Special Constables, being volunteers, do not have the same statutory employment rights unless they are also employees of the force in another capacity. However, most forces offer similar discretionary 'leave of absence'.
Does paternity leave affect my promotion application?
Legally, it should not. Under the Equality Act 2010, you are protected from detriment for taking paternity leave. Any decision to penalize an officer for family leave during a promotion process would likely constitute forbidden discrimination.
Can I take annual leave immediately after paternity leave?
Yes. Many officers tag a week or two of annual leave onto the end of their paternity block to extend their time at home. This must be booked through the normal annual leave process and is subject to operational demand.
What if the baby is born on my rest day?
If you have chosen 'Trigger A' (start on birth), your paternity leave officially begins on that day. However, because you were not scheduled to work, the 'cost' of that day in terms of leave is often debated. Most RMUs will start the week block from that day.
Do I get paid for Bank Holidays during paternity leave?
Paternity pay (SPP) is a flat weekly rate. It does not increase for Bank Holidays. However, depending on your force's local implementation of Police Regulations, you may be entitled to a day in lieu if a Bank Holiday falls during your leave—check your local handbook.
Can I work overtime while on paternity leave?
No. You cannot work for the force in any capacity (including voluntary overtime) during your paternity leave block. Doing so would terminate your leave and potentially your right to SPP.
How is AWE calculated if I've been on sick leave?
If your pay was reduced due to sick leave during the 8-week AWE reference window, this can lower your average. However, the CMS/HMRC rules have specific protections for those whose pay was artificially low due to statutory sick pay—seek HR advice.
Does paternity leave count towards my pensionable service?
Yes. Paid paternity leave counts as full pensionable service. Your accrual in the 2015 CARE scheme continues as if you were on full pay, even though your contributions are based on your actual SPP pay level.
What happens if I'm on a secondment?
If you are on a central secondment, your 'employer' for statutory purposes remains your home force. You should notify both your secondment host and your home force HR department.
Is paternity leave available for surrogacy?
Yes. If you are the intended parent in a surrogacy arrangement and you intend to apply for a Parental Order, you are eligible for paternity leave and pay, provided you meet the standard service criteria.
Can I take paternity leave for a second child born in the same year?
Yes. Each 'birth event' triggers a new period of entitlement. If you have two children born in separate events within the same 52-week period, you get two sets of paternity leave.
What if I lose my job before the baby is born?
If you leave the force before the baby is born, you generally lose the right to paternity leave, but you may still be entitled to SPP if you were employed during the Qualifying Week. Check with DWP.
Does paternity leave affect my incremental pay date?
No. Paternity leave is 'service' for the purposes of pay increments. Your date for moving up the pay scale (e.g., from Point 2 to Point 3) remains unchanged.
Can I take paternity leave if my partner is not the baby's mother?
If you are the biological father or the person who will have responsibility for the child's upbringing (and you are the mother's partner), you qualify. The mother's marital status is not a barrier.
What is the maximum SPP rate?
The rate is set annually by the government. You can find the current rate on the GOV.UK website. It is usually updated every April.
Can I buy back pension for paternity leave?
Since paternity leave is paid, you are already accruing pension. There is usually no 'unpaid' gap to buy back unless you extend your absence with unpaid parental leave.
What if I'm under investigation / suspended?
Suspension from duty is not a termination of employment. You retain your statutory rights to paternity leave and pay while suspended, though the logistics of notification should be handled via your Federation rep or legal counsel.
Do KIT days exist for paternity leave?
No. 'Keeping in Touch' (KIT) days are specifically for maternity and adoption leave. There is no statutory equivalent for paternity leave.
Is paternity leave different in Scotland?
While the statutory framework is UK-wide, some aspects of Police Scotland's local regulations (which differ from the 2003 Regs in E&W) may provide different terminology or specific local enhancements.
What if the baby is stillborn?
We are deeply sorry if you are facing this. If the baby is stillborn after 24 weeks of pregnancy, or born alive at any point, you retain your full statutory rights to paternity leave and pay.
Can I use paternity leave for a child born abroad?
Yes, provided you meet the UK employment criteria and the child meets the relationship test, it doesn't matter where the birth takes place.
How do I claim SPP?
Your force will pay SPP to you in the same way as your normal salary, deducting tax and NI. They then reclaim most of this from the government.
Will I lose my car allowance?
This depends on your force's local policy. Many essential user allowances continue during short periods of paid leave, but 'commuted' overtime or other variable allowances may cease.
Regulatory Framework
This guide is based on the following primary legislative and regulatory instruments. It is for information only and does not constitute legal advice.
• Paternity and Adoption Leave Regulations 2002
• Statutory Paternity Pay (General) Regulations 2002
• Social Security Contributions and Benefits Act 1992
• Police Regulations 2003 (as amended)
• Equality Act 2010
• Employment Rights Act 1996
Explore Related
The Family Continuum
Section 17
The Paternity Glossary
AWE (Average Weekly Earnings)
The figure used to determine your SPP eligibility. Calculated over the 8-week period ending at the Qualifying Week. It includes all taxable pay, including overtime and allowances.
Qualifying Week
The 15th week before the Expected Week of Childbirth (EWC). This is the 'lock-in' date for service and earnings tests.
EWC (Expected Week of Childbirth)
The week, starting on a Sunday, in which the doctor or midwife expects the baby to be born.
SPP (Statutory Paternity Pay)
The flat-rate weekly payment established by UK law. It is the minimum you can be paid while on paternity leave, provided you meet the AWE threshold.
ShPP (Statutory Shared Parental Pay)
The pay element of Shared Parental Leave. Paid at the same flat rate as SPP, but available for a much longer period (up to 37 weeks).
Matching Week
The adoption equivalent of the Qualifying Week; the week in which you are officially matched with a child.
Section 18
Resource Checklist
Pre-Birth Actions
- Inform your Sergeant as early as possible (for team planning).
- Submit formal HR notification by the 15-week deadline.
- Obtain a copy of the MAT B1 form from the mother.
- Check intended start date triggers with the RMU.
Post-Birth Actions
- Notify the force as soon as the baby is born (if using birth trigger).
- Confirm the actual start and end dates of the 1-2 week block.
- Verify that the correct SPP rate appears on your payslip.
Authority Statement
PolicePay.co.uk is an independent regulatory explainer. This guide on paternity leave is provided to help officers understand the statutory framework as it applies to the UK police service in 2026. This is not legal or financial advice. Regulations change, and local force policies may provide enhancements. always verify your specific entitlement with your Force HR department or local Police Federation branch before making financial or family planning decisions.