Parental Leave · April 2026 New law

Paternity Leave Is Now a Day-One Right. Here's What Changed in April 2026.

From 6 April 2026, fathers and partners no longer need to wait 26 weeks before they can take paternity leave. The right applies from the first day of a new job. Here's exactly what changed, who benefits, and what you need to know if you're expecting a baby.

What actually changed on 6 April 2026

The Employment Rights Act 2025 removed the 26-week qualifying period for paternity leave and unpaid parental leave. Both are now available from the first day of employment — what employment law calls a "day-one right."

Before April 2026, if you started a new job while your partner was pregnant, you had to have worked there for at least 26 weeks by the 15th week before the baby's due date to qualify for paternity leave. If you changed jobs during a pregnancy, you could lose your entitlement entirely. That rule no longer applies.

The change was introduced to stop parents being forced to choose between being there for the first weeks of their child's life and keeping their job. Around 32,000 additional fathers and partners per year are now expected to benefit.

What has not changed — the important bit

There is a crucial distinction between paternity leave (the time off) and statutory paternity pay (the money paid during that leave). The day-one right covers the leave itself — but statutory paternity pay still requires 26 weeks of continuous service by the qualifying week.

In practice: if you have just started a new job when your baby arrives, you have the legal right to take up to two weeks off. But if you have not been employed there for 26 weeks, your employer is not legally required to pay you £194.32 per week during that leave. You would need to use annual leave, negotiate unpaid leave, or check whether your employer offers enhanced paternity pay regardless of service length — some do.

How much paternity leave can you take?

The amount of leave available has not changed — only when you can access it. Eligible employees can take up to two weeks of paternity leave, either as a single two-week block, two separate one-week blocks, or individual days spread across different weeks.

The leave must generally be taken within 52 weeks of the birth or adoption placement. You still need to meet the other eligibility requirements — demonstrating your relationship to the child and giving adequate notice — but the length-of-service threshold has gone.

The shared parental leave rule change

A second change came alongside the day-one rights. Previously, taking shared parental leave (ShPL) for a child meant you automatically lost your right to paternity leave for the same child. This was widely criticised as penalising couples who tried to share childcare fairly.

From 6 April 2026, that restriction has been removed. Fathers and partners can now take paternity leave even if they have already taken shared parental leave for the same child — giving families more flexibility to plan leave in a way that suits them.

Unpaid parental leave is also now a day-one right

Alongside paternity leave, unpaid parental leave has also become a day-one right. Previously this required a full year of continuous service, which meant parents who changed jobs could find themselves ineligible for years at a stretch.

Unpaid parental leave allows parents to take up to 18 weeks of leave per child before the child's 18th birthday. Under the statutory scheme, employers can limit this to four weeks per year per child. The full GOV.UK guidance on parental leave covers all the current eligibility details.

What to do if you are currently expecting

If you started a new job less than 26 weeks ago

You are entitled to take up to two weeks of paternity leave — the 26-week bar no longer applies. Check whether you qualify for statutory paternity pay (you need 26 weeks of service by the 15th week before the due date). If you do not qualify for SPP, ask your employer about enhanced pay or discuss using annual leave to cover part of the period.

If you have taken shared parental leave

The restriction preventing you from also taking paternity leave has been removed. You can take both for the same child. Check the notice requirements for paternity leave — standard notice rules apply unless you fall within the transitional window for babies due before 26 July 2026.

Transitional rule for babies due between 5 April and 25 July 2026

If you started your job less than 26 weeks before the qualifying week, you only need to give 28 days notice of when you want leave to start, rather than the usual 15 weeks. For babies due from 26 July 2026 onwards, the standard notice rules apply in full.

Paternity pay rates for 2026/27

Statutory paternity pay for 2026/27 is £194.32 per week — up from £187.18 in 2025/26. This is paid for up to two weeks. To qualify you need 26 weeks of continuous employment by the 15th week before the expected week of childbirth, and average weekly earnings of at least £129 per week.

Your employer pays SPP and reclaims it from HMRC — so the cost does not typically fall directly on your employer's bottom line. If your employer offers enhanced paternity pay (many larger employers and public sector organisations do), you may receive more than the statutory minimum regardless of how long you have worked there.

What comes next for parental leave

The April 2026 changes are the first wave of a wider parental leave reform. The government launched an 18-month review of the entire system in July 2025, looking at how to make leave more flexible and more equal across all types of families. Further changes are expected in 2027, potentially including reforms to shared parental leave and maternity pay.

The direction of travel is clearly towards making all forms of parental leave more accessible and less dependent on length of service. If you are planning a family in the next few years, the landscape will likely look different again by the time your child arrives. The most important thing for now is knowing what you are entitled to today.