Paternity leave is now a day-one right: what employers need to know in 2026
Since 6 April 2026 employees can take up to 2 weeks’ paternity leave from their first day. How the leave works, the notice rules, who qualifies for Statutory Paternity Pay at £194.32 a week, and the new bereaved partners’ paternity leave.
Published 22 October 2026 · 3 min read
Checked against official guidance on 22 October 2026. This post reflects GOV.UK: Paternity pay and leave, and the Employment Rights Act timeline update. Guidance changes, so check the linked pages for the current version. This is information, not legal advice.
What changed
Until April 2026, an employee needed 26 weeks' service to take paternity leave. From 6 April 2026, under the Employment Rights Act, paternity leave is a day-one right: GOV.UK now says employees are eligible "from the first day of employment". Unpaid parental leave also became a day-one right on the same date.
Paternity pay did not change in the same way. It still has a service and earnings requirement, so a new starter can now take the leave but may not be paid for it.
The leave
- Up to 2 weeks, taken as one 2-week block or two separate 1-week blocks.
- A "week" is the number of days the employee normally works in a week.
- It cannot start before the birth and must be taken within 52 weeks of the birth (or of the due date, if the baby was born early).
- The entitlement is the same for twins or multiple births.
- It applies to partners of a person giving birth, and to adoption and surrogacy arrangements.
The employee can take paternity leave alongside Shared Parental Leave or unpaid parental leave, in any order.
Notice
The employee must tell you the due date at least 15 weeks before it. They can give a general start time, such as "the day of the birth", rather than a fixed date. To change their start date they must give 28 days' notice.
Statutory Paternity Pay
SPP is £194.32 a week, or 90% of average weekly earnings if that is lower. To qualify the employee must have worked for you continuously for at least 26 weeks, ending on or after a day in the qualifying week (the 15th week before the due date), and earn on average at least £129 a week before tax. Adoption has its own rules.
Bereaved partners' paternity leave
Also from 6 April 2026, a new right gives up to 52 weeks of leave to a partner where the mother or primary adopter dies in the child's first year. It is rare, but if it happens you will want to respond with care and certainty. Read the GOV.UK guidance as soon as the situation arises.
What to update
- Your family leave policy and handbook: remove any 26-week service rule for paternity leave and any one-year service rule for unpaid parental leave.
- Your new starter information: tell new joiners the leave is available from day one.
- Your payroll checks: leave and pay now have different eligibility, so check pay separately.
- Your managers: make sure they do not discourage new starters from taking leave they are entitled to.
How Zetta HR helps
Zetta HR records paternity and other family leave alongside annual and sick leave. The team calendar shows when someone is away but not why, and approvals happen from the manager's dashboard.
Zetta HR does not calculate statutory pay. Use your payroll software or the GOV.UK calculators.
Sources
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