From 6 April 2026, employees in Great Britain will have “day-one” rights to take paternity leave and unpaid parental leave, following regulations made under the Employment Rights Act 2025.
What’s changing?
- Parental leave becomes a day-one right, with the removal of the one-year qualifying service requirement.
- Paternity leave becomes a day-one right, with the removal of the 26‑week service requirement. However, statutory paternity pay (SPP) remains subject to its existing qualifying conditions, including 26 weeks’ service.
- Employees will be able to take paternity leave (and, if eligible, receive SPP) even if they have already taken shared parental leave (ShPL) in relation to the same child, improving flexibility and preventing accidental loss of entitlement.
What do “day-one rights” mean?
Day-one rights mean an eligible employee can take the leave from the start of their employment. There is no longer a minimum service period. An employee will still, however, need to meet the remaining eligibility requirements. For example, for paternity leave, demonstrating their relationship to the child/parent, responsibility for the child, and compliance with notice and evidence rules.
Notice and transitional rules
The new rights apply to leave starting on or after 6 April 2026. To support planning, certain notice provisions came into effect earlier (from 18 February 2026) allowing employees to give valid advance notice for leave beginning on or after 6 April 2026. This applies to both paternity and parental leave.
For paternity leave only, employees whose baby is due between 5 April to 25 July 2026 and who will have been employed for less than 26 weeks by any day in the qualifying week (the 15th week before the due date) do not need to give the usual 15 weeks’ notice of the due date. They must still give 28 days’ notice of when they want their leave to start and how much leave they intend to take. For babies due on or after 26 July 2026, the standard notice rules will apply.
How much leave can be taken and when?
Eligible employees remain entitled to up to two weeks’ paternity leave, taken either as one block of one or two weeks, or two separate one-week blocks. This must generally be taken within 52 weeks of the birth or placement for adoption. Employees will be able to take paternity leave even if they have already taken ShPL for the same child (and, if eligible, can receive SPP after shared parental pay), removing the previous restriction.
Each parent continues to be entitled to up to 18 weeks of unpaid parental leave per child, to be taken before the child’s 18th birthday. Under the statutory default scheme, employers may limit leave to four weeks per year per child, require it to be taken in blocks of a week, and may postpone leave for up to six months if business operations would be unduly disrupted.
Policy objectives and expected workplace impact
The reforms aim to widen access and give families greater flexibility in structuring leave following a child’s birth or adoption. Government estimates suggest an additional 32,000 fathers/partners will be able to take paternity leave, and around 1.5 million working parents will gain access to parental leave.
Although employers will face additional re-organisation costs (estimated at £24.7 million annually), the government anticipates benefits including reduced stress, improved workforce motivation, lower absence rates and improved retention. The measures form part of the wider 18-month review of parental leave and pay launched in July 2025.
What employers and HR teams should do now
- Update policies and templates: remove service length thresholds for taking paternity and unpaid parental leave from 6 April 2026, and confirm that the qualifying conditions for SPP (including 26 weeks’ service) remain unchanged. Also clarify that employees may take paternity leave after ShPL.
- Refresh manager guidance and training: ensure managers understand day-one eligibility, the ability to take paternity leave following ShPL, and the temporary 28‑day notice rule.
- Communicate with employees: consider issuing a clear briefing explaining employees’ day-one rights from 6 April 2026.
If you require assistance in relation to these changes or require any help updating your policies, please contact a member of our team: employment@wslaw.co.uk