Paternity Leave Changes April 2026: A Complete Guide for UK Employers

From 6 April 2026, your employees do not need to have worked for you for any set period before taking paternity leave. The 26-week qualifying period is gone. Paternity leave is now a right that applies from the first day of employment.

This is one of the most significant changes to parental leave entitlements in years, and it affects every employer with staff who may have a baby or adopt a child. If you have not reviewed your paternity leave policy since the new rules came in, this guide gives you everything you need.

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The Old Rules vs the New Rules

Before 6 April 2026

Under the previous rules, an employee had to:

• Have worked for you for at least 26 continuous weeks by the end of the 15th week before the expected week of childbirth (the "qualifying week")
• Give notice of their intention to take paternity leave by the end of that 15th week, which in practice could mean giving notice up to three months before the birth
• Be the biological father of the child, the mother's partner, or a person in a civil partnership with the mother

Employees who started a new job after the 15th week before the birth, or who had been with an employer for fewer than 26 weeks, had no entitlement to paternity leave at all.

From 6 April 2026

Paternity leave is now a day one right. An employee is eligible for paternity leave from their first day of employment. There is no qualifying period.

The notice requirement has also changed. Temporarily, employees who become newly eligible because of this law change can give just 28 days' notice of their intention to take paternity leave, rather than the previous requirement to give notice by the 15th week before the due date.

This temporary measure was introduced to ensure that employees who were already expecting when the law changed could still benefit from the new right without losing out because they could not have given 15 weeks' notice under the old rules.

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What Paternity Leave Entitlement Looks Like

The basic entitlement has not changed. Eligible employees are still entitled to:

• Up to two weeks of paternity leave
• Taken as either one week, two consecutive weeks, or two separate weeks (this flexibility was introduced in 2024)
• Taken within 52 weeks of the birth or adoption placement
• During this leave, they receive Statutory Paternity Pay (SPP) if they meet the pay eligibility criteria

What has changed is who can access that entitlement from day one, rather than after a 26-week wait.

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Who Is Eligible for Paternity Leave

From 6 April 2026, an employee qualifies for paternity leave if they:

• Are the biological father of the child
• Are the mother's partner or civil partner (including same-sex partners)
• Are an adoptive parent
• Have worked for you for any period (no minimum)
• Expect to have main caring responsibility for the child alongside the mother or primary adopter
• Give the required notice

The right applies to births, adoptions, and surrogacy arrangements.

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Statutory Paternity Pay: What You Must Pay

Statutory Paternity Pay (SPP) is separate from the right to leave. An employee must meet additional criteria to receive SPP.

To qualify for SPP, an employee must:

• Have worked for you continuously for at least 26 weeks ending with the qualifying week (the 15th week before the expected week of childbirth)
• Earn on average at least £129 per week over the eight-week period ending in the qualifying week (this threshold increased from £125 to £129 from 6 April 2026)

Important: The day one right to paternity leave does not extend to SPP. An employee with less than 26 weeks' service is entitled to leave from day one, but they are not entitled to pay unless they also meet the earnings and service criteria above.

Where an employee is entitled to leave but not to SPP, the leave is unpaid. Make sure your policy reflects this distinction clearly so there is no confusion.

How much is SPP?

SPP is paid at the lower of:

• The current weekly SPP rate (check GOV.UK for the rate current at the time of the leave, as it is uprated each April), or
• 90% of the employee's average weekly earnings

The rate is paid for each week of paternity leave taken.

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The New Bereaved Partner's Paternity Leave

The April 2026 changes also introduce a new right: bereaved partner's paternity leave.

If the mother or primary adopter dies, the father or partner is entitled to take up to 52 weeks of unpaid leave to care for the child. This leave must be taken within 52 weeks of the child's birth, adoption placement, or (for overseas adoptions) entry to Great Britain.

This is a standalone entitlement, separate from the standard two weeks of paternity leave. Its purpose is to allow a bereaved parent to take on the full primary carer role without having to return to work immediately.

The 26-week service threshold for standard SPP does not apply to bereaved partner's paternity leave in the same way. Employers should be aware of this entitlement and handle requests with sensitivity.

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Unpaid Parental Leave: Also Now a Day One Right

The April 2026 changes did not stop at paternity leave. Unpaid parental leave (sometimes called ordinary parental leave) is also now a day one right from 6 April 2026. Previously, employees needed one year of service before they could take it.

Unpaid parental leave allows parents to take up to four weeks off per year (up to 18 weeks total per child) to care for their child up to the child's 18th birthday. It is unpaid leave.

Review your parental leave policy at the same time as your paternity leave policy, as both have changed simultaneously.

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What Policies Need Updating

If your HR policies still reference the 26-week qualifying period for paternity leave, they are now out of date. Update these documents:

Your paternity leave policy:

• Remove the 26-week service requirement
• Update the notice requirements (28 days' notice is now sufficient for newly eligible employees)
• Add information about bereaved partner's paternity leave
• Clarify the distinction between the right to leave (day one) and the right to SPP (still requires 26 weeks and earnings threshold)

Your employment contracts:

• If any contract clause states that paternity leave requires 26 weeks' service, that clause needs amending
• Do not simply delete it without replacement: replace it with accurate information

Your staff handbook:

• Update the parental leave section to reflect both the paternity leave and unpaid parental leave changes
• Include the bereaved partner's paternity leave entitlement

Your onboarding documentation:

• If you give new starters a summary of their entitlements, update it to reflect the day one right to paternity leave

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How to Handle Paternity Leave Requests in Practice

Step 1: Receive the notice

The employee must tell you they intend to take paternity leave. For births, the usual notice period is 28 days before the intended start date of leave (temporarily reduced from 15 weeks). For adoptions, different notice rules apply.

Step 2: Confirm the entitlement

Check whether the employee qualifies for leave (day one right applies) and separately whether they qualify for SPP (26-week service and earnings threshold required).

Step 3: Confirm the dates

Agree the start and end dates of leave. The employee can choose when within the 52-week window to take their leave.

Step 4: Process SPP if applicable

If the employee qualifies for SPP, process it through payroll. SPP is recoverable from HMRC in the same way as statutory maternity pay (most employers can recover 92%, and small employers may recover more through the Small Employers' Relief scheme).

Step 5: Keep records

Keep records of the leave taken, pay processed, and any correspondence. You may need these for HMRC reclaim purposes or if a dispute arises.

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HR Checklist: Paternity Leave Under the New Rules

Use this checklist when you receive a paternity leave request from 6 April 2026 onwards:

• [ ] Confirm the employee has given sufficient notice (at least 28 days, or as soon as reasonably practicable)
• [ ] Check if the employee qualifies for leave (day one right, no service requirement)
• [ ] Check if the employee qualifies for SPP (26 weeks' service plus £129/week earnings threshold)
• [ ] Update your payroll records for SPP if applicable
• [ ] Confirm the dates of leave in writing
• [ ] Remind the employee that leave must be taken within 52 weeks of the birth or placement
• [ ] Check whether the absence triggers any overlap with other leave (shared parental leave, annual leave)
• [ ] Update your internal records

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The Shared Parental Leave Change

One additional change: from 6 April 2026, the restriction preventing fathers and partners from taking paternity leave after shared parental leave has been removed. Previously, once a father or partner had used any shared parental leave, they lost the right to take their paternity leave. That restriction is gone.

This means a father could now take shared parental leave and subsequently take their two weeks of standard paternity leave, or vice versa. Review how your shared parental leave and paternity leave policies interact in light of this change.

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Frequently Asked Questions

Q: An employee joined us three weeks ago and has told us their partner is due in eight weeks. Are they now entitled to paternity leave?

Yes. From 6 April 2026, paternity leave is a day one right. They are entitled to take leave. However, they will not be entitled to Statutory Paternity Pay because they have not completed 26 weeks' continuous employment by the qualifying week. The leave will be unpaid unless your contract provides for enhanced pay.

Q: Can we refuse a paternity leave request?

No. Paternity leave is a statutory right. You cannot refuse it. You can discuss the timing of leave with the employee, but you cannot prevent them from taking it.

Q: How much notice must an employee give before taking paternity leave?

For employees who become newly eligible because of the April 2026 law change, 28 days' notice is sufficient. The standard requirement (notice by the 15th week before the due date) still applies for employees who already met the old qualifying period. Check GOV.UK for the current notice requirements as regulations are updated.

Q: Do we have to pay SPP to an employee with less than 26 weeks' service?

No. The 26-week service requirement and earnings threshold still apply to SPP. A new starter is entitled to leave but not to pay, unless your contract is more generous.

Q: Does bereaved partner's paternity leave need to be taken immediately after the death?

No. The employee has up to 52 weeks from the birth, placement, or entry to Great Britain (for overseas adoptions) to take the bereaved partner's leave. It does not have to start on the day of bereavement.

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Get Your Policies Checked

Get your employment contracts and policies checked against the new rules. EmployerKit Audit from £49.

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Last updated: April 2026