Paternity rights changed twice in two years - the 2024 flexibility reforms, then the April 2026 day-one right - and most guidance online reflects neither. The current rules. The leave: who qualifies nowFrom 6 April 2026 the leave itself has no service requirement: employees are eligible from the first day of a job. You must be the father, the mother’s partner, or the adopter’s partner, taking the time to care for the child or support the mother. The entitlement is 2 weeks, and since the 2024 reforms it can be taken as two separate blocks of one week each, any time within 52 weeks of the birth (or placement) rather than the old 56-day window. The pay: unchanged testsThe result is a two-tier system: a new starter can take the 2 weeks off from day one but may not qualify for the statutory pay, making the leave unpaid unless the employer enhances. Always check the company policy - enhanced paternity pay without the service tests is increasingly common. Notice: the 15-week and 28-day rulesTell your employer you intend to take paternity leave by the 15th week before the expected week of childbirth (or within 7 days of an adoption match), but the dates themselves now need only 28 days of notice before each block - so the weeks can be booked and moved late, useful when due dates drift. Notice for the pay follows the same 28-day rhythm. Interactions worth knowing
Worked example: the new starterA father joins a new employer 8 weeks before the due date. Under pre-2026 rules he had no right to paternity leave at all. Now he takes week one at the birth and books week two for the 12-week point with 28 days of notice. He fails the 26-week service test for pay, so both weeks are unpaid at the statutory level - but his employer’s policy pays one week at full salary for all staff, which he receives. The leave right and the money are separate questions. Related guidesThis article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting. Frequently asked questionsIs paternity leave a day-one right now?Yes. From 6 April 2026 the 26-week service requirement for paternity leave was removed - the leave applies from the first day of employment. The service and earnings tests still apply to Statutory Paternity Pay. How much is paternity pay in 2026?£194.32 a week or 90% of average weekly earnings if lower, for up to 2 weeks, from 6 April 2026 - for those meeting the 26-week service and £129 earnings tests. Can I split my 2 weeks of paternity leave?Yes, into two separate blocks of one week, taken any time within the first 52 weeks after birth or adoption placement. Can my employer refuse paternity leave?No, where the eligibility and notice conditions are met it is an absolute right, and dismissal or detriment for taking it is automatically unfair. Do I get paternity leave for adoption or surrogacy?Yes - the partner of an adopter, and intended parents in surrogacy arrangements, qualify on the same 2-week basis. Can I take paternity leave after Shared Parental Leave?Yes, since 6 April 2026. Section 17 of the Employment Rights Act 2025 removed the ban on taking paternity leave after Shared Parental Leave, so the 2 weeks can be sequenced either side of SPL within the first year. Sources |
Paternity Leave and Pay: The New Day-One RightDay-one paternity leave from April 2026, two splittable weeks in the first year, and why the pay tests create a two-tier system. 
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