Statutory paternity leave – what do you need to know?

As part of a series of legislative changes intended to modernise family leave and widen access for working parents, legislation relating to statutory paternity leave came into effect on 6 April 2026. The reforms under the Employment Rights Act 2025 relate to when and how the leave can be taken, and when it must be requested.

Day-one right

Statutory paternity leave is now available to all employees from the first day of employment. Employees are no longer required to complete 26 weeks of continuous service before they can take the leave.

Parental leave also becomes a day-one right, removing the previous qualifying service of one year.

The changes reflect a wider policy move towards day‑one employment rights and aim to avoid situations where employees feel forced to choose between starting a new role and being present at the birth or adoption of a child.

It is important, however, to distinguish between entitlement to leave and entitlement to pay. While statutory paternity leave is now available from day one of employment, entitlement to statutory paternity pay continues to be subject to the existing 26-week service requirement and earnings thresholds.

As a result, some employees will qualify for unpaid statutory leave only, unless their employer offers enhanced contractual benefits.

For the 2026/27 tax year, statutory paternity pay is payable at the rate of £194.32 per week or 90 per cent of average weekly earnings, whichever is lower.

Temporary notice rules for newly eligible parents in 2026

Transitional notice arrangements will apply for a limited period in 2026 for those who are now eligible for the leave. Where an employee qualifies for paternity leave solely because of the removal of the service requirement and their baby is due between 5 April 2026 and 25 July 2026, a reduced notice period of 28 days applies.

For parents of babies due on or after 26 July 2026, the standard statutory notice framework resumes, including the requirement to notify the employer by the end of the 15th week before the expected week of childbirth.

Paternity leave and shared parental leave

Employees may now take paternity leave either before or after a period of shared parental leave, giving families greater freedom to structure childcare arrangements in a way that suits their circumstances. It also seeks to avoid the risk posed by the previous legislation of loss of entitlement (which required paternity leave to be taken before shared parental leave).

Leave after bereavement

Under the separate Bereaved Partner’s Paternity Leave Regulations 2026, a bereaved partner is entitled to up to 52 weeks of paternity leave in the event that a child’s primary carer dies within the child’s first year. This is another day-one right and operates in addition to existing bereavement entitlements.

What employers should do

Employers should take proactive steps to ensure compliance and consistency. To help to reduce the risk of grievances or tribunal claims, organisations should:

• Review and update paternity leave policies to reflect day-one eligibility and revised notice rules.
• Ensure managers understand the distinction between leave entitlement and pay entitlement.
• Check that HR systems can accommodate split leave and variable timing.
• Communicate changes clearly to employees, particularly new starters.

What employees should do

Employees should:

• Familiarise themselves with the updated statutory framework at an early stage and review their employer’s paternity leave policy carefully.
• Ensure that they understand the distinction between entitlement to leave and entitlement to pay, particularly where they have recently started a new role.
• Notify their employer of their intention to take paternity leave within the relevant statutory timeframes, keep records of any notices given, and engage in early discussions with HR or line managers about how and when leave will be taken, including whether it will be split across separate periods.
• Seek advice at an early stage where uncertainty arises, to help avoid misunderstandings and to ensure that statutory rights are exercised effectively and without unnecessary dispute.

If you have questions about paternity leave, please contact Employment partner Emma Clark and associate Imogen Dale.