The short answer: what prison officers can take

In shortHMPPS lists up to two weeks of maternity support (paternity) leave at contractual pay and shared parental leave of up to a year with up to 26 weeks of contractual pay.

  • Paternity (maternity support) leaveUp to two weeksAt contractual pay (HMPPS)
  • Shared parental leaveUp to a yearUp to 26 weeks of contractual pay shared with a partner

HMPPS's Prison Service Employee Package, in its family leave section, lists maternity and adoption leave, shared parental leave, and 'maternity support (paternity) leave (up to two weeks of leave at contractual pay)'. It also mentions a range of paid and unpaid special leave for parents and carers.

That is a short statement, but it is the primary HMPPS source we found.

The Civil Service-wide guide says 'most civil servants are entitled to full pay while on paternity leave' and tells readers to check their department's paternity policy to be sure; it also says departments may offer more than the two weeks of statutory leave.

For prison officers, plan on two weeks at contractual pay until HR tells you otherwise.

What the published sources say prison officers can take in England and Wales
LeaveAmountPaySource
Paternity (maternity support) leaveUp to 2 weeksContractual pay (HMPPS); most civil servants get full pay (Civil Service guide)HMPPS Employee Package; Civil Service guide
Shared parental leaveUp to 50 weeks shareableUp to 26 weeks contractual pay combined, 37 weeks pay shareable overallHMPPS Employee Package; Civil Service guide
Special leavePaid and unpaid, variousVariesHMPPS Employee Package
Time off for ante-natal appointmentsPartner: two appointments, unpaid by rightCheck whether HMPPS pays for itCivil Service guide

Conditions for contractual pay were not found in HMPPS documents we could open. Confirm with HR.

Free toolMaternity pay calculatorModel leave and pay across the first year with your partner's dates and your salary.Open the free maternity pay calculator

Paternity leave: eligibility and timing in 2026

In shortPaternity leave is for the partner of the person having a baby from day one of employment, but paternity pay needs 26 weeks' service and earnings of at least £129 a week.

Whether your contractual two weeks can be taken in two separate weeks, and by when you must tell your manager, depends on HMPPS's own process. Ask your manager and HR early, ideally before your 15th week before the due date.

Who it covers
The Civil Service guide notes that, despite the name, it applies to both male and female partners of the mother. GOV.UK's eligibility page says you must be taking time off for childcare as the father, the spouse or partner of the mother, an adopter or an intended parent in a surrogacy arrangement, and that you must give the right notice.
Paternity leave
Available to employees from the first day of employment.
Paternity pay
Extra conditions: continuous employment of at least 26 weeks by the qualifying week (15 weeks before the due date) and average earnings of at least £129 a week.

Timing rules (Civil Service guide)

  1. Born before 6 April 2026Paternity leave first

    Had to be taken before shared parental leave.

  2. Born on or after 6 April 2026Before or after SPL

    In England, Scotland and Wales you can take it before or after shared parental leave, and even between periods of it.

  3. Within 52 weeks of the birthEngland, Scotland and Wales

    Take one or two weeks; two weeks can be taken together or as two separate weeks.

  4. Within 56 days of the birthNorthern Ireland

    The two weeks must be consecutive.

What paternity leave pays: a worked example

In shortTwo weeks at contractual pay is about £1,339.70 gross against £388.64 statutory, a gap of about £951.

  • Contractual, two weeks£1,339.70£669.85 a week; Band 3 pay point 1, National, 37 hours, £34,928
  • Statutory, two weeks£388.64£194.32 a week, 2026/27 flat rate
  • GapAbout £951 grossWhy the contractual pay matters

The weekly figure is our convention: annual pay divided by 52.143. Statutory paternity pay for 2026/27 is £194.32 a week or 90% of average weekly earnings, whichever is lower.

Those are gross figures before tax, National Insurance and pension. They also assume 'contractual pay' means your normal pay including the 20% unsocial hours allowance.

  • We found no HMPPS statement on whether Payment Plus, a market supplement or additional committed hours are included, so ask for your figure in writing. The payslip guide explains how each pay line is treated.
  • If you are not eligible for statutory paternity pay, for example because you have not been employed long enough, check carefully what the contractual scheme says about service, because the HMPPS package does not publish a service requirement.
  • New recruits who become parents during training or probation should ask before assuming either way; see first year as a prison officer.
Two weeks of paternity leave: contractual versus statutory (Band 3 pay point 1, National, our calculation)
BasisWeeklyTwo weeks gross
HMPPS contractual pay (assumed £34,928 a year)£669.85£1,339.70
Statutory paternity pay (2026/27 flat rate)£194.32£388.64
Difference£475.53£951.06

Statutory rate from GOV.UK, 2026/27 employer rates. The statutory rate is the lower of £194.32 and 90% of average weekly earnings; for this salary the flat rate applies.

Shared parental leave: who can use it and how much

In shortUp to 50 weeks of leave and 37 weeks of pay can be shared, with eight weeks' notice for each of up to three applications.

  • Leave to shareUp to 50 weeksThe mother must take at least two weeks of maternity leave after the birth
  • Pay to share37 weeks
  • NoticeEight weeksUp to three applications
  • SPLIT daysUp to 20Each, during SPL

Shared parental leave (SPL) lets parents share the leave and pay that would otherwise go to the mother alone. The Civil Service guide says it is 'a way of sharing the entitlement to maternity leave and, in some cases, maternity allowance between parents'.

SPL must be taken after the birth, in whole weeks, within the first 52 weeks.

  • Apply at least eight weeks before you want SPL to start, and you can submit up to three applications, which means up to three blocks of leave.
  • Your manager cannot refuse a request for a single continuous block if you meet the eligibility conditions, but may refuse a pattern of separate blocks; if so you can take the leave in one continuous block instead.
  • You can also have up to 20 SPLIT (shared parental leave in touch) days during SPL, and your partner gets 20 too.

Both parents have to meet conditions

  • The employee must have been employed by the same employer continuously for at least 26 weeks by the end of the 15th week before the baby is due, and stay with that employer while taking SPL.
  • The partner must have worked at least 26 of the 66 weeks before the week the baby is due, and for 13 of those weeks earned an average of £30 a week or more.
  • One of you must be entitled to statutory maternity pay or leave, or maternity allowance.
  • The mother must end her maternity leave early to opt in.

How the 26 weeks of full pay is shared

In shortThe full-pay limit catches civil servants out: if both parents are civil servants, 26 weeks of full pay is a joint entitlement, and paid maternity weeks are deducted.

  • Mother, maternity pay26 + 13 + 13 weeksFull pay, statutory pay, unpaid (Civil Service structure)
  • SPL at full pay24 weeks26 minus the minimum two weeks of maternity leave
  • Statutory pay limit39 weeksOf statutory maternity pay or maternity allowance and shared parental pay, between qualifying couples

If the mother converts her unused maternity leave into SPL, the Civil Service guide says she can take 24 weeks of SPL at full pay, then 13 weeks at statutory pay and 13 weeks unpaid.

The partner, if working in the Civil Service, can take 24 weeks SPL at full pay, 13 weeks at statutory pay and 13 weeks unpaid after the mother has ended her leave. But the weeks of paid maternity leave she took are deducted from the full-pay entitlement.

  • If you are both civil servants, the entitlement to 24 weeks of SPL at full pay is a joint entitlement, so you can only take 26 weeks in total of maternity and SPL at full pay between you.
  • If your partner works outside the Civil Service, their employer's occupational shared parental pay does not affect your entitlement to full pay as a civil servant.
  • That is the general Civil Service rule, written for civil servants as a group, with a note that departments may offer more than 26 weeks of full pay and that you should check your own department's SPL policy.
  • The HMPPS package says SPL lets staff share up to one year's leave and up to 26 weeks of contractual pay, which fits that general rule. We did not find a more generous HMPPS arrangement.
Worked examples from the Civil Service guide, adapted for a prison officer partner
ScenarioOther parentPrison officer (civil servant)
Officer is the father; the mother is not a civil servant, takes 2 weeks of paid maternity leave then opts into SPL; her employer pays 12 weeks at full pay13 weeks paid SPL: 10 at full pay, 3 at statutory24 weeks SPL at full pay (26 minus 2), unaffected by her employer's scheme
Officer is the father; the mother is not a civil servant and takes 20 weeks of paid maternity leave before opting into SPL13 weeks paid SPL6 weeks SPL at full pay (26 minus 20)
Officer is the mother; her partner is not a civil servant. She takes 10 weeks paid maternity leave, then SPL7 weeks paid SPL plus 1 unpaid, after 2 weeks paternity leave20 weeks paid SPL: 16 at full pay (26 minus 10) plus 4 at statutory

Adapted from worked examples in the Civil Service guide (2026 version). Your own figures depend on your employers' policies; check them.

Putting it together: a worked plan for a prison officer father

In shortIn this illustration the father takes two weeks of paternity leave first (about £1,340 gross) then up to 24 weeks of SPL at full pay, about £16,076 gross.

  • Paternity leave firstAbout £1,340 grossTwo weeks at contractual pay
  • SPL at full pay24 weeks26 minus the partner's 2 paid weeks of maternity leave
  • At £669.85 a weekAbout £16,076 grossAssumes his full pay equals his full contracted figure

Imagine a prison officer, Band 3 pay point 1, whose partner works for a private employer that pays 12 weeks of full pay and then statutory pay. The baby is due in the spring of 2027.

The partner takes 2 weeks of maternity leave after the birth, then opts into SPL, converting 50 weeks into SPL.

The officer takes his two weeks of paternity leave first, at contractual pay, because for births on or after 6 April 2026 it can come before or after SPL. He then applies for SPL with eight weeks' notice.

He can take SPL in a single block, which his manager cannot refuse if he is eligible, or in up to three blocks if his manager agrees. The 24 weeks apply regardless of her employer's scheme.

  1. Before the 15th week before the due date, check that you meet the 26-week continuous employment conditions for paternity pay and shared parental leave.
  2. Ask HR for HMPPS's paternity and shared parental leave policies, and the qualifying conditions for contractual pay.
  3. Talk to your partner and their employer about the split, and complete the planner in the Civil Service guide with your manager.
  4. Give your manager notice of paternity leave, and apply for SPL at least eight weeks before it starts.
  5. Ask what counts as full pay on your payslip, using the pay lines you actually receive.
  6. Keep records: your applications, HR's written replies and your partner's employer's confirmation.

Adoption, surrogacy, same-sex couples and other nations

In shortThe rules cover more than birth fathers, but Scotland, Northern Ireland and private prisons differ.

The Civil Service guide says paternity leave applies to male and female partners of the mother, and GOV.UK's eligibility page extends it to adopters and intended parents in surrogacy arrangements.

The Civil Service has a separate shared parental leave guide for adoption and surrogacy, which we did not open in full, so ask HR for it if that is your situation. The HMPPS package groups adoption with maternity for leave and pay purposes.

Scotland
The Scottish Prison Service says qualifying employees get two weeks' paid paternity leave, and 27 weeks of full basic maternity or adoption pay followed by 12 weeks of statutory pay. See prison officer pay in Scotland.
Northern Ireland
The Civil Service guide says paternity leave must be taken within 56 days of the birth and before shared parental leave. We did not find a verified Northern Ireland Prison Service paternity or maternity pay figure, so check with that service. See Northern Ireland.
Private-sector custody officers
None of the Civil Service rules above apply. Statutory rights still do, but contractual pay is whatever your employer's scheme provides. We have not found a verified source for private prison employers' parental leave terms.

Mistakes to avoid and a checklist

In shortThe costliest mistakes are assuming contractual pay is automatic, missing the eight-week SPL notice and double-counting full pay.

  • Do I meet the 26 weeks continuous employment condition by the end of the 15th week before the due date?
  • What does HMPPS pay for paternity leave: confirm the two weeks at contractual pay in writing.
  • Is my partner's employer paying more than statutory, and does that affect our plan?
  • Have I given eight weeks' notice for shared parental leave, and which pattern am I asking for?
  • Was the baby born before or on/after 6 April 2026? Births on or after that date allow paternity leave before or after SPL.
  • What counts as full pay for me, and does it include the 20% unsocial hours allowance?
  • How will my pension, annual leave and pay progression be treated during leave?
  • Have I kept copies of everything?

Four common mistakes

  • Assuming the contractual pay is automatic: statutory pay depends on service and earnings conditions, and the contractual top-up has conditions we could not verify.
  • Missing the notice deadlines, especially the eight-week SPL notice.
  • Double-counting full pay: for civil servants, weeks of paid maternity leave are deducted from the full-pay entitlement, and if both parents are civil servants they share 26 weeks.
  • Forgetting that annual leave, TOIL and unpaid time can be added around paternity leave to extend time at home.

Frequently asked questions

How much paternity leave do prison officers get?

HMPPS's Employee Package says up to two weeks of maternity support (paternity) leave at contractual pay. Statutory paternity leave is one or two weeks. For births on or after 6 April 2026 in England, Scotland and Wales you can take it before or after shared parental leave. Confirm conditions with HR.

Is paternity leave full pay for prison officers?

HMPPS says up to two weeks at contractual pay, and the Civil Service guide says most civil servants are entitled to full pay on paternity leave, subject to department policy. We did not find HMPPS's qualifying conditions, so ask HR. Statutory pay is £194.32 a week or 90% of average earnings, whichever is lower.

How much is statutory paternity pay in 2026/27?

GOV.UK's 2026/27 employer rates give £194.32 a week or 90% of the employee's average weekly earnings, whichever is lower. You need to have been employed continuously for at least 26 weeks by the qualifying week and earn an average of at least £129 a week.

Can prison officers take shared parental leave?

Yes, under the Civil Service shared parental leave policy, if you and your partner meet the eligibility conditions. Up to 50 weeks of leave and 37 weeks of pay can be shared. You need to give eight weeks' notice and can make up to three applications.

How much shared parental leave is at full pay for civil servants?

The Civil Service guide says civil servants may take up to 24 weeks of shared parental leave at full pay after the mother's minimum two weeks, with 26 weeks of full pay overall counting maternity leave taken. If both parents are civil servants, the 26 weeks is joint between them.

Can my manager refuse shared parental leave?

Not if you meet the eligibility conditions and ask for a single continuous block. If you ask for a pattern of separate blocks, your manager does not have to agree, but you can then take it as a single block instead. Eight weeks' notice is required for each application.

Does the partner of a prison officer have to be a civil servant?

No. A partner outside the Civil Service can still qualify for statutory pay and leave from their own employer, and their employer's occupational scheme does not reduce a civil servant's entitlement to full shared parental pay. Both parents must meet the legal eligibility conditions.

Sources