Paternity leave changes

Qualifying criteria changes

Paternity leave is available to employees following the birth of a child, or the placement of a child for adoption.

Before 6 April 2026, amongst other qualifying conditions, they had to be continuously employed for at least 26 weeks up until what's known as the 'qualifying week'.

However, this is now available to employees (who satisfy the other qualifying conditions) from the day they start work (i.e. it has become a day-one right).

This applies to employees in any of the following circumstances:

• Their child is born on or after 6 April 2026 (this includes surrogacy arrangements).
• Their child is born before 6 April 2026, but the expected week of birth was on or after 5 April 2026 (this includes surrogacy arrangements)
• Their child is placed for adoption on or after 6 April 2026 (or, in an overseas adoption, entered Great Britain on or after that date).

Note that statutory paternity pay is not becoming a day-one right as part of these changes and will still require employees to have 26 weeks' continuous service to be eligible for it.

Bereavement situations

As of 6 April 2026, a bereaved employee now qualifies to take up to 52 weeks of unpaid Bereaved partner's paternity leave.

Paternity leave and shared parental leave: rule change

Previously, employees could not take any paternity leave (or statutory paternity pay) if they first took a period of statutory shared parental leave (SSPL).

This restriction has now been removed.

Since 6 April 2026, employees have a right to take paternity leave if they have already taken any SSPL and can also receive statutory paternity pay if they took SSPL or received statutory shared parental pay.