Paternity leave from April 2026: leave is day-one, pay is not
The April 2026 change is real but narrower than the headlines suggest: the leave became a day-one right, while statutory paternity pay kept its 26-week service test. Here's the split, and what to update.
From 6 April 2026, paternity leave is a day-one right - gov.uk puts it plainly: "You're eligible for Paternity Leave from the first day of employment." Statutory paternity pay is not: it still requires 26 weeks' continuous employment up to the qualifying week, plus average earnings of at least £129 a week. A new starter can take the leave but may get no statutory pay for it. Sources: gov.uk, paternity pay and leave eligibility; SI 2026/15.
What changed with paternity leave in April 2026?
Before April 2026, an employee needed 26 weeks' service by the qualifying week to take statutory paternity leave at all. SI 2026/15 removed that qualifying period, amending the paternity leave regulations for both birth and adoption. The result: from 6 April 2026, an employee who joined you last week and whose baby arrives tomorrow is entitled to take paternity leave.
The commencement came in two steps. The notice-related provisions took effect on 18 February 2026, so that employees becoming entitled from April could give notice in the run-up; the rest of the changes applied from 6 April 2026. If your paternity process still assumes notices can only come from long-serving staff, it has been out of date since February.
Is paternity pay a day-one right too?
No - and this is the nuance most summaries miss. The eligibility tests for the leave and the pay are now different, and you have to run them separately:
| Paternity leave | Statutory paternity pay (SPP) | |
|---|---|---|
| Service requirement | None - a day-one right from 6 April 2026 | 26 weeks' continuous employment up to the qualifying week |
| Earnings test | None | Average weekly earnings of at least £129 (the lower earnings limit) |
| What they get | Up to 2 weeks off with their job protected | The lower of £194.32 a week or 90% of average weekly earnings |
| New starter (under 26 weeks) | Can take the leave | Not eligible for statutory pay - unpaid unless you enhance |
| Source | gov.uk / SI 2026/15 | gov.uk eligibility rules |
Every eligible employee can take paternity leave from their first day of employment; whether it is paid at the statutory rate still depends on 26 weeks' service and the £129 earnings test. Say both halves explicitly, and nobody gets a payroll surprise.
How much is statutory paternity pay in 2026-27?
SPP is the lower of £194.32 a week or 90% of average weekly earnings - the same flat rate as statutory maternity pay after the first six weeks. The £129 lower earnings limit gates SPP and SMP, but note it does not gate statutory sick pay any more: since April 2026, SSP runs from day one of sickness at the lower of £123.25 a week or 80% of average weekly earnings, with no earnings floor. The full picture is in our statutory rates 2026-27 reference and the SSP changes guide.
What do employers need to update?
- Policy wording. Delete any line saying paternity leave requires 26 weeks' service - that's now wrong for the leave. Add the explicit leave/pay split so expectations are set before the baby arrives, not on payday.
- Payroll eligibility checks. Your payroll process must keep running the 26-week and £129 tests for SPP even though HR no longer runs them for the leave. If one system checked both together, split the check.
- Notice handling. The notice provisions have applied since 18 February 2026 under SI 2026/15. Make sure whoever receives paternity notices knows new starters can validly give them.
- Consider your enhancement position. A day-one leaver with no SPP takes unpaid leave at one of the most expensive moments of family life. Some employers choose to pay something anyway - that's discretionary, but decide it deliberately and write it down.
April 2026 changed more than paternity: unpaid parental leave became a day-one right under the same instrument, and a new entitlement to bereaved partner's paternity leave arrived on the same date. If you're reviewing one policy, review the set - our HR templates can help.
How CoDash handles paternity leave
CoDash ships with the statutory leave types configured out of the box, so paternity leave is there on day one for every employee - matching the law rather than your old policy PDF. Requests, approvals and calendar cover all happen in one place, and the record shows who took what and when. See time off and absence.
Frequently asked questions
Is paternity leave a day-one right from April 2026?
Yes. From 6 April 2026, gov.uk states "You're eligible for Paternity Leave from the first day of employment." SI 2026/15 removed the previous 26-week qualifying requirement for the leave.
Is statutory paternity pay also day-one?
No. SPP still requires 26 weeks' continuous employment to the qualifying week plus average earnings of at least £129 a week. A new starter can take the leave without qualifying for the pay.
How much is statutory paternity pay in 2026-27?
The lower of £194.32 a week or 90% of average weekly earnings, for employees who pass the service and earnings tests.
When did the changes take effect?
Notice-related provisions commenced 18 February 2026; the day-one leave right applies from 6 April 2026 (SI 2026/15).
What should employers update?
Policy wording (no service test for the leave), payroll checks (keep the 26-week and £129 tests for SPP), and notice handling, which has applied since 18 February 2026.
Keep reading: All 66 HR guides · 30 free templates · 24 calculators
Statutory leave, already set up
CoDash tracks paternity and every other statutory leave type out of the box, keeps requests and approvals on the record, and shows cover at a glance - so April 2026 is a policy update, not a scramble. Try it in the demo.
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