Changes to Paternity Leave and Parental Leave in April 2026

Employers take note of imminent changes to the law

One of the biggest employment law changes coming into force this April is in relation to Paternity Leave and Parental Leave.  From 6 April 2026, the right to take Paternity Leave and the right to take Parental Leave will become day-one rights.

What is the difference between paternity leave and parental leave?

Paternity leave is the right for eligible employees to take one or two weeks of leave on the birth or the adoption of a child within 52 weeks of the child’s birth or adoption.    To be eligible, the employee must be the child’s biological father or be either the spouse, civil partner or partner of the child’s mother.   In adoption cases, the employee must be either the spouse, civil partner or partner of the child’s adopter.

Employees may qualify to receive Statutory Paternity Pay during their paternity leave if certain criteria are met.

Parental leave is the right for eligible employees to take up to 18 weeks’ unpaid leave for a child in order to care for them.  The leave can be taken at any time up to the child’s 18^th birthday, but an employee can’t take more than 4 weeks’ parental leave a year.   To be eligible, the employee must have responsibility, or expect to have responsibility, for the child they are taking the leave to care for.  Birth parents, adoptive parents, parents under a surrogacy arrangement and legal guardians will therefore usually qualify.

What length of service is currently needed to take paternity leave?

Presently, in order to qualify for paternity leave an employee must have been continuously employed by their employer for a period of at least 26 weeks before the 14^th week before the expected week of childbirth or, in adoptions, for at least 26 week before the week in which the adopter is notified of being matched with a child. 

What length of service is currently needed to take parental leave?

An employee must be continuously employed for one year before they become eligible to take parental leave.

How is paternity leave going to change from 6 April 2026?

From 6 April 2026, paternity leave will become a day one right meaning that any employee is entitled to take paternity leave after this date, regardless of their length of service.  The changes will apply in relation to:

• children born on or after 6 April 2026;
• children whose expected week of childbirth is on or after 6 April 2026 but are born early; and
• adoption placements on or after 6 April 2026.

The right will also extend to cases where the primary carer of the child (the mother or adopter) dies on or after that date, regardless of when the child is born or the date of placement for adoption.

How will parental leave change from 6 April 2026?

From this date, all employees will have the right to take parental leave, from day one of their employment.

How much notice must employees give to take paternity leave from 6 April 2026?

For employees who are already entitled to take paternity leave (because they have the qualifying service) the notice requirements remain the same as before.  In birth cases, the employee must notify their employer at least 15 weeks before the expected week of childbirth.  In this notice they must confirm the expected week of childbirth, the length of paternity leave they want to take, and the date they would like the leave to start.  

In adoption cases, the employee must notify their employer within seven days of being matched with a child.   In the notice, the employee must confirm the date the child is expected to be placed with the adopter, the amount of paternity leave they wish to take, and the date they propose to start the leave.

For newly eligible employees whose expected week of childbirth falls between 6 April 2026 and 25 July 2026, there are special transitional rules in place which mean that they only need to give 28 days’ notice to take paternity leave.   For employees whose expected week of childbirth is after 25 July 2026, however, the normal notice requirements will apply (i.e. they must give notice by the end of the 15^th week before the expected week of childbirth).   

How much notice must employees give to take parental leave from 6 April 2026?

Employees who are already eligible to take parental leave must give their employer at least 21 days’ notice of their intention to take parental leave and must set out in that notice the dates they want to take the leave.

For employees who are due to become eligible to take parental leave on 6 April 2026, the notice period is the same, with the exception that such employees have already been allowed to give notice to take that leave since 18 February 2026 – meaning that some employees may be able to take parental leave straight away when the new law comes into force. 

Will statutory paternity pay also become a day-one right in April 2026?

No.  The rules regarding entitlement to statutory paternity pay remain unchanged.    An employee will only be entitled to statutory paternity pay if:

1. they have been continuously employed for at least 26 weeks at the end of the 15^th week before the expected week of childbirth or the week in which the adopter is notified of being matched with a child; and

2. their average weekly earnings during a set reference period are not less than the lower earnings limit set by the government. 

Parental leave will continue to remain unpaid as before.

Help is at hand

If you have any questions or would like advice on any of the employment law changes that are due to come into force in April 2026, please get in touch with the team at Real Employment Law Advice.  We will be happy to help.