Day-one paternity and unpaid parental leave

Employees can take paternity leave and unpaid parental leave from their first day of employment. The old 26-week (paternity) and one-year (parental leave) service tests are gone for leave — but statutory paternity pay still needs 26 weeks’ service and earnings of at least £129 a week.

Who it affects

Any employer whose staff become parents. It covers children born, or placed for adoption, on or after 6 April 2026.

What changes

• Paternity leave (1 or 2 weeks) is a day-one right for children born or placed on or after 6 April 2026.
• Unpaid parental leave (18 weeks per child up to age 18, normally max 4 weeks a year) is a day-one right.
• Paternity leave can now be taken after shared parental leave.
• Statutory paternity pay is unchanged: 26 weeks’ continuous service by the 15th week before the due week, and average earnings of at least £129 a week.

What to do

1. Remove service requirements for paternity and parental leave from your family leave policy and handbook.
2. Keep the 26-week test in the paternity pay section — it is a different rule from the leave.
3. Brief whoever handles leave requests: a new starter can now ask for paternity leave in week one.

Documents to review

• Staff handbook : Family leave, sickness and harassment sections match the policies; Holiday rules and how records are kept.
• Family leave policies : Paternity and parental leave available from day one; Paternity pay still needs 26 weeks’ service and £129 a week; Paternity leave after shared parental leave.

Tick these off and export the dates to your calendar in the business plan tab.

See each person’s 26-week pay date

Sources

1. S.I. 2026/3 — Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026
2. Employment Rights Act 2025, section 15 — Parental leave: removal of qualifying period of employment
3. Employment Rights Act 2025, section 16 — Paternity leave: removal of qualifying period of employment
4. GOV.UK — Paternity leave and pay: employer guide
5. GOV.UK — Parental leave

A summary for employers, not legal advice. Where a change depends on regulations not yet made, details may differ from this page.