Since April 2026, statutory paternity leave will become a day-one right for eligible employees, following changes introduced by the Employment Rights Act 2023.

What changed with Statutory Paternity Pay?

Removal of the 26-week qualifying period for leave

Under the current rules, employees must have worked for their employer for at least 26 weeks before they can take Statutory Paternity Leave.

From April 2026, this 26-week qualifying period will be removed. This means eligible employees will be able to take up to two weeks’ statutory paternity leave from their first day of employment.

Paternity Leave and Shared Parental Leave

Currently, employees must take Statutory Paternity Leave before taking Shared Parental Leave. From April 2026, employees will be able to take paternity leave even after taking Shared Parental Leave.

What Stays the Same?

  • The amount of statutory paternity leave (up to two weeks) does not change.
  • The qualifying period for Statutory Paternity Pay remained in place. Notice requirements and eligibility criteria (other than the 26-week service requirement for leave) remained the same.

How Might this Affect your Business?

  • More employees will be able to access paternity leave sooner, even if they have recently started employment.
  • You may need to manage leave requests from employees with short service.
  • Managers and HR teams will need to understand that entitlement to leave and entitlement to pay are now separate (employees may qualify for leave from day one but not necessarily for statutory pay).

What do you Need to do?

  • Review your paternity leave policies and remove reference to the 26-week qualifying period for leave.
  • Review and update your Shared Parental Leave policies to reflect that employees no longer need to take paternity leave before Shared Parental Leave.
  • Update employment contracts where necessary.
  • Ensure payroll and HR systems clearly distinguish between entitlement to leave and entitlement to pay.
  • Train your managers on how to correctly process and respond to paternity leave requests.

What Else can you do?

  • Promote a supportive, family-friendly workplace culture
  • Plan proactively for temporary cover and workload management
  • Consider enhancing paternity pay beyond the statutory minimum as a recruitment and retention tool
  • Align paternity policies with wider wellbeing and equality strategies
  • Include Bereaved Partner’s Paternity Leave in your policies: eligible employees can take up to 52 weeks’ leave if a child’s mother or primary adopter dies within the first 12 months, with pay during this leave at the employer’s discretion

These changes reflect a continued shift towards more flexible and inclusive working practices. Businesses that prepare early will be best placed to manage disruption and strengthen employee engagement.

If you think that the changes in SSP will present challenges for your business or organisation book a free 20-minute consultation and we can talk through your particular challenges and find out how we could support you.

Statutory Paternity Pay FAQs

What is the rate of Statutory Paternity Pay in 2026?

From April 2026, Statutory Paternity Pay is paid at the statutory weekly rate, or 90% of the employee's average weekly earnings if this is lower. The qualifying criteria for Statutory Paternity Pay remain unchanged. For the current Statutory Paternity Pay rate and eligibility requirements, see the latest gov.uk guidance.

Do employees need 26 weeks' service to get Statutory Paternity Pay in 2026?

Yes. The 26-week qualifying period is being removed for paternity leave, but it still applies to Statutory Paternity Pay. Employees can take the leave from day one, but may not be entitled to the pay unless they meet the existing service and earnings criteria.

What is the difference between paternity leave and paternity pay from April 2026?

Paternity leave becomes a day-one right, so eligible employees can take it from their first day of employment. Paternity pay is separate and still depends on meeting the 26-week continuous service and earnings requirements, so a new starter may be entitled to leave without being entitled to pay.

Can employees take paternity leave after Shared Parental Leave from 2026?

Yes. Eligible employees can take Paternity Leave and Pay after Shared Parental Leave and Pay. Previously, Paternity Leave had to be taken before Shared Parental Leave.

What is Bereaved Partner's Paternity Leave?

It's a new entitlement allowing eligible employees to take up to 52 weeks' unpaid leave if a child's mother or primary adopter dies within the first 12 months. There is no statutory pay; employers may choose to provide contractual pay.