2026 UK Employment Law Changes

Employee Rights & Leave 2 min read

Is paternity leave a day-one right?

Reviewed by Rebecca Hughes, Senior HR Consultant, CIPD Level 7 Last updated: 7 July 2026
Expert Answer

Yes — since 6 April 2026, employees are entitled to paternity leave from their first day of employment. The Employment Rights Act 2025 removed the previous requirement for 26 weeks' continuous service by the 15th week before the expected week of childbirth.

What Changed on 6 April 2026

  • Paternity leave — up to two weeks' leave is now a day-one right for any employee whose child is born or placed for adoption
  • Unpaid parental leave — up to four weeks per year (18 weeks total per child) is now available from day one, instead of after one year's service
  • Bereaved partners — restrictions preventing a bereaved partner from taking paternity leave have been removed, so a partner can take leave to care for a child where the mother dies

Pay Is Separate From Leave

Note that Statutory Paternity Pay retains its own qualifying conditions, including the earnings test. The rate from April 2026 is £194.32 per week (or 90% of average weekly earnings if lower). An employee may qualify for the leave but not the pay.

What Employers Should Do

  • Remove length-of-service requirements from paternity and parental leave policies
  • Update onboarding materials so new starters understand their entitlements
  • Plan for cover — a brand-new employee can now take family leave immediately
  • Train managers to handle requests correctly — refusing a valid request risks a detriment claim

Our contracts and handbooks service can bring your family leave policies up to date. Get in touch.

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