Paternity Leave After Shared Parental Leave
Under the current rules, employees cannot take Statutory Paternity Leave after taking Shared Parental Leave.
From April 2026, this restriction will be removed.
This means eligible employees will be able to take Statutory Paternity Leave and Statutory Paternity Pay even if they have previously taken Shared Parental Leave, giving families more flexibility when deciding how to share childcare responsibilities.
Statutory Paternity Pay Rules Are Not Changing
While eligibility for leave will become a day one right, the rules around Statutory Paternity Pay (SPP) will remain unchanged.
Employees will still need to meet the existing:
This distinction is important for employers and managers to understand.
In simple terms:
Some employees may therefore have the right to take paternity leave but not qualify for statutory paternity pay.
Clear communication with employees will help avoid confusion.
Special Transitional Arrangements (Birth Parents)
There are temporary notice rule adjustments for babies due shortly after the new rules come into effect.
If:
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An employee becomes newly eligible for day one Paternity Leave due to the April 2026 changes, and
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The baby is due between 5 April and 25 July 2026
They will only need to give 28 days’ notice of their intention to take paternity leave.
This replaces the usual requirement to give notice 15 weeks before the Expected Week of Childbirth.
For babies due from 26 July 2026 onwards, the standard notice rules will apply.
Notice periods for adopters and parents who already met the qualifying service requirements remain unchanged.
It is also important to note that paternity leave cannot be taken before 6 April 2026, even if the baby is due shortly after this date.
Standard Notice Requirements (Birth Parents)
Under normal rules, employees must:
These requirements will continue to apply after April 2026, except where the transitional arrangements described above apply.
What These Changes Mean for Employers
These reforms aim to improve family-friendly working practices and support new parents from the beginning of their employment.
However, they may also create new considerations for employers, particularly when managing new starters and workforce planning.
Employers will need to:
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Review and update paternity leave and parental leave policies
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Amend employee handbooks and HR documentation
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Ensure HR teams and managers understand the difference between leave eligibility and pay eligibility
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Plan for situations where new employees may request paternity leave shortly after joining
For organisations with smaller teams or specialist roles, forward planning will be particularly important.
Recommended Employer Actions Now
To prepare for the April 2026 employment law changes, we recommend that employers:
1. Audit your current family leave policies
Ensure paternity and parental leave policies reflect the new day one eligibility rules.
2. Review employment contracts and handbook wording
Check where paternity or parental leave rights are referenced and update where necessary.
3. Train HR teams and line managers
Managers should understand how the new rules work and how they differ from statutory pay eligibility.
4. Communicate the changes clearly to employees
Clear guidance will help manage expectations around leave entitlement versus statutory pay.
Key Takeaways for Employers
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From 6 April 2026, paternity leave becomes a day one employment right.
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Unpaid parental leave will also become a day one right.
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The restriction preventing paternity leave after shared parental leave will be removed.
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Statutory Paternity Pay rules remain unchanged.
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Employers should review policies, update handbooks, and train managers before April 2026.
Key Changes at a Glance
| Change |
Before April 2026 |
After April 2026 |
| Paternity leave eligibility |
26 weeks service required |
Day-one right |
| Parental leave eligibility |
1 year service required |
Day-one right |
| Taking paternity after shared parental leave |
Not permitted |
Now allowed |
| Parental leave entitlement |
18 weeks per child |
No change |
Frequently Asked Questions
Do employees still need 26 weeks’ service for paternity leave in 2026?
No. From April 2026, employees will be eligible for Statutory Paternity Leave from their first day of employment, although the qualifying rules for statutory pay remain unchanged.
How much parental leave can employees take?
Employees can take up to 18 weeks of unpaid parental leave per child, typically limited to four weeks per year unless the employer agrees otherwise.
Can employees take paternity leave after shared parental leave?
Yes. From April 2026, employees will be able to take paternity leave even if they have previously taken Shared Parental Leave.
Do the April 2026 changes affect statutory paternity pay?
No. The changes apply to leave eligibility only, not the rules for statutory pay.
Can new employees take paternity leave shortly after starting a job?
Yes. From April 2026, employees can give notice for paternity leave from their first day of employment, although statutory pay eligibility rules still apply.
How much paternity leave can employees take in the UK?
Eligible employees can usually take up to two weeks of statutory paternity leave, which must normally be taken within 56 days of the birth or adoption placement.
About the Author
Helen Scullion, Assc CIPD is HR Client Manager at Limelite HR & Learning and an experienced HR consultant, supporting organisations across the UK with employment law compliance, HR Consultancy support and workplace improvements.
