Day-One Paternity Leave: What UK Employers Should Update in the Handbook
Checked 13 October 2026. Since 6 April 2026, eligible employees in England, Scotland and Wales can take Paternity Leave from day one of employment. Statutory Paternity Pay did not become a day-one payment: the existing service and earnings tests still apply. A handbook that treats leave and pay as the same entitlement can easily confuse new starters and managers.
Northern Ireland has separate family-leave legislation, so do not apply this guide there without checking the current rules. This is general employer guidance, not legal advice on an individual family or payroll case.
What changed on 6 April?
The Employment Rights Act 2025 made Paternity Leave and Unpaid Parental Leave day-one rights in Great Britain. Employees can qualify for the leave without completing the former qualifying service period, provided they meet the applicable notice and eligibility rules. The government’s current employer guidance confirms that Paternity Pay has not changed: employees still need 26 weeks’ continuous service and must meet the statutory earnings condition to receive Statutory Paternity Pay.
That distinction matters in a handbook, request form and payroll workflow. An employee may qualify for time off while not qualifying for statutory pay. Do not reject a leave request simply because payroll has not confirmed pay eligibility.
What should the handbook say?
- Separate leave from pay. Explain the leave entitlement, then set out the separate statutory pay tests and refer pay questions to payroll.
- Give a clear request route. Say who receives notice, what information is needed, how changes are reported and how dates are confirmed.
- Explain the timing rules. For birth parents, standard notice generally includes telling the employer the expected week of childbirth 15 weeks beforehand and giving 28 days’ notice before leave starts. Different rules apply in some adoption and transitional cases.
- Train managers. A new starter’s shorter service must not be treated as an automatic reason to refuse leave.
- Keep records consistent. HR should record the leave request and dates; payroll separately checks statutory-pay eligibility and evidence.
There was a temporary notice arrangement for some newly eligible birth parents whose expected week of childbirth fell between 5 April and 25 July 2026. The official guidance said those parents could give 28 days’ notice instead of the usual 15 weeks. That transitional window has passed, but records for requests in that period should be checked against the rule that applied at the time.
Make the policy fit the real process
Before editing a clause, check that line managers, HR and payroll use the same forms and hand-off points. A policy can be well worded but still leave employees unclear if the request inbox is unattended or a manager routes every enquiry straight to payroll.
The site’s Employee Handbook Template UK can be used as a starting point for documenting workplace policies; adapt it to the employer’s actual process and have the wording reviewed where needed. For related document work, see the employment agreement template and zero-hours contract template. A template does not guarantee legal compliance, and the URL year does not establish that a particular copy is current.
Our recent flexible-working policy checklist is a separate handbook topic; do not merge paternity leave into a general flexibility policy.
FAQs
Is Statutory Paternity Pay also available from day one?
No. Current government guidance says the existing 26-week service and earnings requirements for Statutory Paternity Pay remain.
Does the new rule apply in Northern Ireland?
No. These changes apply across England, Scotland and Wales. Northern Ireland has separate devolved family-leave rules.
Should a manager decide if an employee can receive pay?
Managers should record the leave request and pass pay questions to payroll. Leave eligibility and statutory-pay eligibility are separate checks.
