Frequently asked questions: Changes to Employment Rights – Paternity Leave & Ordinary Parental Leave (from 6 April 2026)

Paternity leave

1. What is the main change to paternity leave? 

From 6 April 2026, paternity leave becomes a “day one right”. This means that the previous requirement for 26 weeks continuous service by the end of the 15^th week before the baby is due, is being removed and employees will be eligible to give notice for paternity leave from their first day of employment.

2. Is there a transition period for notice?

Yes. For newly eligible parents there is a temporary shortened notice period of 28 days. These employees have been able to give notice of their intention to take leave since 18 February 2026, for leave starting on or after 6 April 2026.

3. Does this change affect statutory paternity pay? 

No, the 26-week qualifying period for statutory paternity pay remains unchanged.

Ordinary parental leave

4. How is eligibility for ordinary parental leave changing? 

Ordinary parental leave (unpaid leave for parents of children up to age 18) is also becoming a day one right. Effective April 2026, the current requirement for one year of continuous service will no longer apply.

Shared parental leave

5. Can an employee take paternity leave after taking shared parental leave? 

Yes, under the current rules these entitlements are mutually exclusive but this restriction will be removed in April 2026. From April 2026 eligible fathers and partners will be able to take paternity leave even if they have already taken shared parental leave.

Bereaved partners paternity leave

6. What is the new Bereaved Partner’s Paternity Leave?

This is a new provision that allows a father or partner to take up to 52 weeks of unpaid bereaved partner’s paternity leave if the mother or primary adopter dies on or after 6 April 2026. This entitlement is separate legislation from standard paternity leave and is not part of the Employment Rights Act 2025.

7. What is the qualifying criteria for this new leave?

• This is a day-one right, with no minimum qualifying period.
• The leave must be taken within 52 weeks of the child’s birth, adoption placement, or entry into Great Britain for overseas adoptions.
• It is specifically intended to support surviving partners with caring responsibilities during a period of significant trauma.

Employer guidance and preparation

8. What should employers do to prepare for these reforms?

Employers are encouraged to take the following practical steps:

Update your policies and staff handbooks

Review and update your:

• Paternity leave policy
• Parental leave policy
• Shared parental leave policy
• Bereavement and compassionate leave policies

Make sure they reflect the new day one rights and the removal of restrictions.

These need to be updated before April 2026 .

Don’t forget to check and update any intranet pages, onboarding materials, and employee guides.

Review recruitment and onboarding materials

Because these entitlements start from day one, candidates and new starters may ask about them. Make sure that recruitment teams, managers, and onboarding staff understand:

• The new eligibility rules
• How notice for paternity leave can now be given from day one
• Your internal processes for managing requests.

Prepare managers and HR teams

Line managers will often be the first point of contact, so they need clear guidance. Consider:

• Running short training sessions
• Updating FAQs
• Scenario based guidance, especially for requests made early in employment.

Workforce planning

Review your resourcing and cover arrangements and consider building in flexibility to account for the possibility of more short notice leave requests. 

Ensure payroll and HR systems are ready

Check that your HR and payroll systems:

• Recognise day one eligibility
• Flag entitlements correctly
• Generate compliant letters and documentation

Summary

These changes are designed to give new parents and partners greater support and flexibility from the earliest stages of employment. While they will require some operational adjustments, they also offer an opportunity to strengthen your organisation’s commitment to family friendly and inclusive workplace practices.

If you have any questions about these changes, please get in touch.