Paternity leave and parental leave from day one.

The Employment Rights Act 2025 removed the qualifying service for both kinds of leave. Before, paternity leave needed 26 weeks with the employer and unpaid parental leave needed a year. Sections 15 and 16 of the Act made the change, and it came into force on 6 April 2026.

Section 17 also lets a father or partner take paternity leave after shared parental leave, in either order.

It applies in England, Wales and Scotland. In Northern Ireland the old service rules still apply.

An employee can take paternity leave from their first day in the job if they are the father, the mother’s or adopter’s husband or partner, the adopter, or an intended parent in a surrogacy arrangement.

• Up to 2 weeks, together or as two separate one-week blocks.
• It can’t start before the birth, and must end within 52 weeks of the birth or placement.
• They tell you the due date at least 15 weeks ahead, and give 28 days’ notice to change when it starts.

The change is to the leave, not the pay. Statutory Paternity Pay still needs 26 weeks’ continuous employment by the 15th week before the baby is due, and average earnings of at least £129.00 a week.

It is £194.32 a week or 90% of average weekly earnings, whichever is lower.

Employees named on a child’s birth or adoption certificate, or with parental responsibility, can take unpaid parental leave from their first day. Workers who aren’t employees can’t.

• 18 weeks for each child, up to the child’s 18th birthday.
• At most 4 weeks a year for each child, unless you agree more.
• Taken in whole weeks, unless you agree otherwise or the child is disabled.
• They give you 21 days’ notice of the start date.

You can postpone unpaid parental leave only if the business would be seriously disrupted. Write to the employee within 7 days of their request, say why, and give a new start date within 6 months.

You can’t postpone leave that a father or partner takes straight after a birth or adoption.

• Remove any length-of-service condition for paternity leave and unpaid parental leave from your policy, contracts and offer letters.
• Keep the 26 weeks for Statutory Paternity Pay, and say clearly that leave can be unpaid.
• Say that paternity leave can follow shared parental leave.
• Check that your HR system doesn’t still refuse leave for new starters.

KivoHR records both kinds of leave on the person’s family leave case from their first day. It keeps paternity leave inside its window after the birth, and counts unpaid parental leave for each child against the weeks a year you allow.

Bereavement leave from day one is planned for April 2027. See the Employment Rights Act 2025 timeline.