Day one paternity & parental leave — what the reforms mean for employers

On 6 April 2026, paternity leave and unpaid parental leave became day one rights. This removes long-standing service thresholds and signals a clear shift in how the law expects employers to support working parents. 

For HR leaders, the change is less about legal compliance alone and more about workforce strategy, cost exposure and manager capability. 

Here, Head of Employment Nick Campbell considers what’s changed and outlines what it means in practice.

What’s changed?

Paternity leave

The requirement for 26 weeks’ service has been removed, making paternity leave a day one right. Employees are now entitled to statutory paternity leave from the start of employment, provided that notice requirements are met. 

This builds on the flexibility introduced in 2024:

• Leave can be taken in two separate one-week blocks.
• It can be taken at any point in the first year after birth or adoption.
• Notice requirements are more flexible.

Employees can also now take paternity leave after shared parental leave, creating further flexibility in how leave is structured.

Parental leave

Parental leave is also now a day one right and the previous one-year qualifying period for statutory (unpaid) parental leave has been removed. This means that eligible employees can access parental leave immediately, which may increase uptake across the workforce.

Bereaved partner’s paternity leave

In addition, a new right has been introduced for employees whose partner (the child’s primary carer) dies within the first year after birth or adoption. Eligible employees will be able to take up to 52 weeks’ leave to care for the child, subject to satisfying the eligibility requirements set out in the regulations. 

While the leave is unpaid, it comes with:

1. full employment protection
2. redundancy protection
3. the right to keeping in touch (KIT) days.

Why this matters

These changes bring paternity and parental leave more in line with other family leave rights by making leave a day one entitlement. However, the reforms don't extend to statutory paternity pay, meaning that the existing 26-week qualifying period for pay remains in place.

This raises a key question for employers: will employees be willing or able to take leave that’s unpaid? The answer will, of course, depend in part on your own approach to enhanced pay.

The commercial impact for employers

For many organisations, the real impact will come from policy decisions rather than the legislation itself. In particular, if enhanced paternity pay is offered from day one, take-up and costs are likely to increase. If not, you may see inconsistent access to leave in practice, particularly for lower-paid employees. 

The expansion of day one rights may also lead to greater short-term absence planning challenges, especially in high-turnover roles. There’s also a broader cultural dimension. Employees will expect greater flexibility and support from the outset of employment — and how organisations respond will play into recruitment, retention and employer brand.

What HR teams should be doing now

HR leaders should be focusing on four key areas:

1. Policy alignment

• Update paternity and parental leave policies.
• Incorporate bereaved partner leave.
• Ensure clarity on pay versus leave eligibility.

2. Pay strategy

• Decide whether enhanced paternity pay will apply from day one.
• Model the potential cost implications.

3. Manager capability

• Line managers will be the first point of contact.
• They need confidence to handle requests consistently and sensitively.

4. Operational readiness

• Ensure that HR and payroll systems can accommodate the changes.
• Communicate clearly with employees.

The key takeaway

These reforms are part of a wider shift towards earlier access to employment rights. For HR leaders, the challenge is balancing compliance, cost and culture. Those who treat this as a strategic opportunity — rather than a technical update — are likely to see the greatest benefit.

Talk to us

If you need advice on what these reforms mean for your business, we’re here to help.

Our award-winning employment law specialists support businesses in navigating recent employment law reforms with confidence, offering expert advice on everything from policy updates to manager training.   

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form.