Day one rights for Paternity Leave

Currently employees need to have worked for an employer for at least 26 weeks by the 15th week before the EWC to be eligible to take Paternity Leave. The ERA makes Paternity Leave a day one right for employees. Details of how this will work have been set out in The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (the Regulations). 

The Regulations make Paternity Leave available as a day one right where: 

• the Expected Week of Childbirth (EWC) is on or after 5 April 2026, 

• the baby is born on or after 6 April 2026, or  

• a child is placed for adoption on or after 6 April 2026 – (however, if the child is being placed for adoption from overseas and they entered Great Britain before 6 April 2026, the new rules will not apply)

Transitional measures

Normally, employees must give 15 weeks’ notice before the EWC (or adoption placement) if they want to take Paternity Leave. As a transitional measure, for babies due or placed for adoption between 5 April and 25 July 2026, newly eligible employees can give 28 days’ notice instead. 

This shorter notice period applies only to employees who are newly eligible because the service requirement has been removed. If an employee already met the current service rules, the usual 15-week notice period still applies. 

Interaction with Shared Parental Leave 

At present, employees must take Paternity Leave before any period of Shared Parental Leave. From 6 April 2026, this restriction is removed, so employees will be free to take Paternity Leave and any Shared Parental Leave in any order they wish. 

Guidance on the new rules 

The Government has said it will publish guidance on the new rules by 18 February 2026 which is the earliest date employees can give notice under the new rules.  

Will Paternity Leave Pay also become a day one right?  

No. Although Paternity Leave is becoming a day one right, it’s important to note that to be eligible for Paternity Leave Pay, the employee still needs to have at least 26 weeks’ service by the 15th week before the EWC.  

What do I need to do to get ready for these changes? 

For all clients who use Citation documents, we’ll be making the necessary changes to your documents during the weekend of 28/29 March in readiness for 6 April (employees will not be able to take the new entitlement before this date). You’ll receive an email in advance letting you know the new wording and an email from Atlas confirming when the changes have been made.  

Employee communications  

As newly eligible employees can give notice of their intention to take Paternity Leave from 18 February 2026, we’ve put together an example notification you can send out to your teams explaining: 

• who is now entitled to Paternity Leave and unpaid Parental Leave; 

• how much notice they need to give; and 

• who they should contact in your business to arrange leave. 

You can access the template here.