Parental leave rights can be difficult to understand if you’re expecting a baby, adopting a child or planning to split leave with your partner.If you’re expecting a baby, adopting a child, or planning to split leave with your partner, working out exactly what you’re entitled to isn’t straightforward. Paternity leave, shared parental leave and unpaid parental leave are three different things with three different sets of rules, and the rules themselves changed from 6 April 2026. This guide sets out what you’re entitled to now, what’s changed, and where the rules still catch people out.
Paternity leave: what you’re entitled to
Eligible employees can take one or two consecutive weeks of paternity leave following the birth or adoption of a child. It must be taken as a single block, either one week or two, and it has to be taken within a set window after the birth (or placement, for adoption).
Since 6 April 2026, the right to take paternity leave applies from day one of employment. Before that date, you needed 26 weeks’ continuous service by the relevant qualifying date before you could take it at all. That service requirement for the leave itself has now gone.
Paternity pay: the qualifying period hasn’t gone away
This is where people get caught out, because the leave and the pay are no longer governed by the same rule. Paternity leave is a day-one right, but paternity pay still isn’t. To qualify for Statutory Paternity Pay, you need to:
- have been continuously employed by the same employer for at least 26 weeks by the end of the “qualifying week” (the 15th week before the baby is due), and
- earn an average of at least £129 a week before tax.
So it’s entirely possible to have the right to take the leave without having the right to be paid for it, particularly if you’ve recently changed jobs. It’s worth checking both separately rather than assuming one covers the other.
Statutory Paternity Pay rates for 2026/27
The current weekly rate is £194.32, or 90% of your average weekly earnings, whichever is lower. Some employers offer enhanced paternity pay on top of the statutory minimum, so it’s always worth checking your contract or staff handbook, [available from our employment team on request](#TODO: link to service or contact page).
Notice periods for paternity leave
Two separate deadlines apply. You need to tell your employer the baby’s due date at least 15 weeks before it’s expected, and then confirm the actual dates you want to take leave at least 28 days before your leave is due to start. If your baby is due before 25 July 2026 and you won’t have 26 weeks’ service by the qualifying week, the 15-week notice is waived, though the 28-day notice for your actual leave dates still applies.
Shared parental leave: how it works
Shared parental leave (SPL) lets eligible parents split up to 50 weeks of leave and up to 37 weeks of pay between them during the first year after their child arrives, rather than one parent taking it all. It can be taken in a single continuous block or split into separate periods, and both parents can potentially be off work at the same time if they choose to be.
Unlike paternity leave, shared parental leave eligibility hasn’t changed as part of the 2026 reforms. To qualify, both the parent taking the leave and their partner generally need to satisfy an employment continuity test and, for the partner, an earnings and work test, so it’s worth checking both of you meet the criteria before relying on it. [We can check your eligibility for you](#TODO: link to family/employment law service page).
Statutory Shared Parental Pay (ShPP) is paid at the same rate as paternity pay: £194.32 a week, or 90% of average weekly earnings, whichever is lower.
| Before 6 April 2026 | From 6 April 2026 | |
|---|---|---|
| Paternity leave | Required 26 weeks’ continuous service | Day-one right, no service required |
| Paternity pay | Required 26 weeks’ service + minimum earnings | Unchanged: still requires 26 weeks’ service + minimum earnings |
| Taking paternity leave after shared parental leave | Not permitted | Restriction removed |
| Unpaid parental leave | Required 1 year’s continuous service | Day-one right, no service required |
| Shared parental leave and pay eligibility | Employment continuity and partner earnings tests apply | Unchanged |
Where these changes come from
These aren’t informal updates or employer best practice, they’re set out in law. The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and rolls out in phases, with this batch of changes, alongside updates to statutory sick pay, dismissal rules and a new enforcement regulator, landing on 6 April 2026. The detail of how the parental leave changes apply was confirmed through The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026. Acas’s own guidance confirms the same position: paternity leave and ordinary (unpaid) parental leave both became day-one rights from that date, and the restriction on taking paternity leave after shared parental leave was removed.
What the legislation does not do is touch the pay side of paternity leave, or the eligibility rules for shared parental leave itself. Both of those still carry the same service and earnings tests they always have.
Unpaid parental leave: the one people mix up
Unpaid parental leave gives each parent up to 18 weeks per child, usable any time up until the child’s 18th birthday. It’s separate from shared parental leave, which is paid (up to 37 of its 50 weeks), tied to the first year after the child arrives, and shared between two parents from a single combined entitlement.
Since 6 April 2026, unpaid parental leave is also a day-one right, so the year’s service that used to be required before you could take it no longer applies. It isn’t unconditional, though: your employer can still limit you to four weeks per child per year, require it to be taken in blocks of a week rather than odd days, and postpone a request by up to six months if your business would otherwise be unduly disrupted.
The right to give notice for leave and the right to be paid for it aren’t the same thing any more. From April 2026, a new starter can ask for paternity leave or unpaid parental leave from their very first day, but the 26-week test for paternity pay, and the eligibility tests for shared parental leave, haven’t gone anywhere.
A note for employers
If you employ staff, the practical impact is that new starters can now request paternity leave and unpaid parental leave without having built up any service at all, even though your pay obligations are unchanged. It’s worth checking your family leave policy and staff handbook reflect the day-one right to leave, rather than the old 26-week and one-year thresholds. [Ask us to review your family leave policy](#TODO: link to HR policy review service page).
Frequently asked questions
I’ve only just started a new job, am I still covered by any of this?
For paternity leave and unpaid parental leave, yes, both became day-one rights from 6 April 2026. Paternity pay is the exception: that still needs 26 weeks’ service, so a very new starter could have the right to the leave without the right to be paid for it.
Does it matter which order I take shared parental leave and paternity leave in?
Not any more. Since 6 April 2026, you can take paternity leave even if you’ve already taken shared parental leave for the same child, something the old rules didn’t allow.
My partner and I both work, does that automatically mean we qualify for shared parental leave?
Not automatically. Unlike paternity leave, shared parental leave eligibility wasn’t touched by the 2026 reforms, so both of you still need to satisfy the underlying continuity of employment and earnings/work tests before you can rely on it.
Can my employer say no to my parental leave request?
For paternity leave and unpaid parental leave, they can’t refuse it outright once you’re eligible for the leave itself, though for unpaid parental leave they can limit you to four weeks per child a year, require it in weekly blocks, and postpone your dates by up to six months if the business would otherwise be unduly disrupted.
Are shared parental pay and paternity pay worked out the same way?
Yes. Both are paid at £194.32 a week or 90% of your average weekly earnings, whichever is lower, so there’s no difference in the rate itself, only in who’s eligible to claim it.
How we can help
Whether you’re a new or expectant parent unsure what you’re entitled to, or an employer trying to bring your policies up to date, working through the current rules on paternity, shared parental and unpaid parental leave can take real time to get right. Get in touch with our experienced employment solicitors to book a consultation and we’ll talk you through what applies in your situation.
This article is provided for general information only and does not constitute legal advice. You should seek advice specific to your circumstances before relying on it.
