When Paternity Leave Comes as a Surprise: What Employers Need to Know 

Sometimes life throws curveballs and employers need to be ready to catch them. One of those unexpected situations might be when an employee finds out they’re about to become a parent… after the baby has already arrived. 

It sounds unusual, but it happens. Whether due to personal circumstances, relationship dynamics, or simply not being informed, an employee might not know their partner was pregnant until the birth. So, what does that mean for paternity leave and how should employers respond? 

First Things First: Is the Employee Entitled to Paternity Leave? 

Potentially. In the UK, statutory paternity leave allows eligible employees to take up to two weeks off to support their partner and bond with their new baby. The key eligibility criteria are: 

• They must be the biological father or the partner of the birth mother. 

• They must have been employed continuously for at least 26 weeks by the end of the 15th week before the baby was due. 

• They must have or expect to have responsibility for the child’s upbringing. 

Now, in cases where the pregnancy wasn’t known until the birth, that 15-week notice requirement obviously hasn’t been met. But the law does allow for late notice if there’s a reasonable excuse and this situation certainly qualifies. 

So What Should Employers Do? 

This is where empathy and flexibility come into play. Here’s how to handle it: 

1. Don’t Panic, Check Eligibility: Start by confirming the employee meets the basic criteria. If they do, they’re entitled to paternity leave, even if the notice was late.

2. Accept the Late Notice: The law allows employers to delay the start of leave or pay if notice isn’t given in time without a good reason. But in this case, the reason is clear. Be supportive and accept the late request.

3. Offer Support: This is likely a huge emotional moment for the employee. They may be overwhelmed, confused, or even in shock. Offer flexibility—maybe some annual leave before paternity leave kicks in, and point them toward any wellbeing resources your organisation offers. 

4. Communicate Clearly: Make sure the employee understands what they’re entitled to, what paperwork is needed, and when they can take their leave. Keep it simple and supportive. 

5. Document Everything: Even in compassionate situations, it’s important to keep clear records. Note the reason for late notice, the agreed leave dates, and any adjustments made. 

What About Pay? 

If the employee qualifies, they’re entitled to Statutory Paternity Pay currently £187.18 per week or 90% of their average weekly earnings (whichever is lower). This is paid through payroll and reclaimed from HMRC. Remember, qualification for leave and pay are different and in some cases employees will be entitled leave but not pay. 

Unexpected paternity leave requests aren’t just a legal issue, they’re a human one. These moments offer a unique opportunity for employers to demonstrate what kind of workplace they truly are. Policies and procedures matter, but how they’re applied in real-life situations speaks volumes. 

Responding with empathy, flexibility, and fairness shows your team that your organisation doesn’t just talk about supporting families, it lives those values. It tells employees that they’re seen as people first, not just job titles. And it builds trust, not just with the individual involved, but across the wider team who witness how these situations are handled. 

In a world where employee experience is increasingly linked to retention, wellbeing, and reputation, how you respond to life’s surprises can be a defining moment. Employers have the power to turn a potentially stressful situation into one that reinforces belonging, care, and respect. 

So when the unexpected happens, like a surprise birth, let your response be a reflection of your culture. Because sometimes, the way you handle the unexpected says more than any policy ever could.