Most employers know that employees need to qualify for paternity leave. Until recently, that meant being with the business for at least 26 weeks before the qualifying week of the birth or adoption. From 6 April 2026, that changes. Paternity leave becomes a day-one right — which means a brand new employee can, in theory, take paternity leave almost immediately after joining your team.
This is one of those changes that genuinely surprises people when they first hear it. Here is what you need to know and what you need to update.
What is changing?
From 6 April 2026, two changes take effect that affect smaller businesses in particular.
Paternity leave becomes a day-one right. The previous 26-week qualifying period is removed. An employee is entitled to take paternity leave from day one of employment, provided they meet the other qualifying conditions — namely that they are the biological father, the mother’s spouse or civil partner, or the partner of the mother and have responsibility for the child’s upbringing.
Unpaid parental leave also becomes a day-one right. Previously, employees needed one year of service to qualify for unpaid parental leave (up to 18 weeks per child, up to a maximum per year). That qualifying period is removed too.
What stays the same?
The entitlement itself has not changed. Employees are still entitled to up to two weeks of paternity leave. The rate of Statutory Paternity Pay (SPP) remains the same — the lower of the standard weekly rate or 90% of the employee’s average weekly earnings. Notification requirements remain in place: employees must give you at least 15 weeks’ notice before the expected week of childbirth, or as soon as reasonably practicable in adoption cases.
Why does this matter for small employers?
For larger businesses with established HR functions, this change is manageable. For small employers — particularly those with lean teams where a two-week absence has real operational impact — the removal of the qualifying period changes the risk profile of any new hire.
It is not a reason to change your hiring decisions or treat any group of candidates differently — doing so would create discrimination risks far greater than the inconvenience of covering paternity leave. But it is a reason to make sure your policies, employment contracts, and absence cover planning are up to date.
What do employers need to update?
- Employment contracts: If your contracts reference the 26-week qualifying period for paternity leave or the one-year qualifying period for parental leave, those references need to be removed or updated.
- Staff handbook and absence policies: Any mention of qualifying service for paternity or parental leave needs to reflect the new day-one position.
- New starter process: Consider how you would handle a paternity leave request from a recent hire. Having a clear internal process means you are not scrambling if it happens.
- Payroll and SPP calculations: Make sure your payroll setup can handle SPP correctly for employees who have been with you for a very short time, where average weekly earnings calculations will be based on limited pay history.
- Cover planning: For businesses where roles are hard to cover at short notice, it is worth reviewing your general approach to absence cover, not just for paternity leave.
A word on unpaid parental leave
The change to unpaid parental leave is less likely to cause immediate disruption — it is unpaid, and employees can only take it in blocks of a week at a time (or single days for disabled children). But it is worth flagging to managers and updating your policies, since a new employee could in principle request it from their very first week.
Most small business owners do not know this yet
In our experience, changes to parental leave entitlements tend to be less visible than changes to pay rates or tax. Many small business owners are still working with policies written years ago that have not been reviewed since.
If you are not sure whether your employment contracts and policies are up to date with the April 2026 changes, now is a good time to check. Lucas White Payroll Services handles the payroll side of these changes for clients across the UK — if you want to make sure your setup is correct, get in touch.
