In this third post of our series on the Employment Rights Act 2025 (ERA), and with just about three weeks to go before the next tranche of eight changes coming into force on 6 April 2026, we are going to look in summary at Statutory Paternity Leave (PAL) and to a limited extent Shared Parental Leave (SPL). As with all summaries, there are always some exceptions but for the sake of brevity we have kept to the main features.
Statutory Parental Leave
Unlike unpaid parental leave (covered in my recent post), the two-week paid PAL has had a much higher uptake, with three in five of those eligible availing themselves of this entitlement.
No doubt the higher uptake is connected to the fact that PAL is paid at a statutory rate, and much more often than for Parental Leave, paid by employers at a full rate of pay for some or all of the PAL.
Eligibility for Paternity Leave
Given the varied modern family circumstances where a child’s upbringing becomes their responsibility, the rules around PAL eligibility are more complex than one might initially envisage, particularly when one takes into account same-sex relationships which, in the main, still potentially qualify.
Indeed, the very use of the term ‘paternity leave’, has been labelled as outdated, and more progressive organisations prefer terms such as ‘co-parent leave’ or similar.
However, for present purposes we shall stick with PAL as that is what the statute uses.
Broadly, for an employee to be eligible, they must fall into one of three categories of ‘Specified Relationships’:
1. Where the child is born to one parent and the employee is their spouse, civil partner or partner in an enduring family relationship.
2. Where the child is adopted by an adopting parent and the employee is their spouse, civil partner or partner in an enduring family relationship.
3. Where the child is born to another individual (surrogate) by way of artificial insemination, one of the child’s adopting parents (or ‘Parental Order Parents,’ as they are known) has a genetic connection to the child, and the other parent is their spouse, civil partner or partner in an enduring family relationship.
In each of the above cases the eligible employee seeking to take PAL must:
- Be an employee and not a worker (casual) or self-employed consultant;
- Give the employer the required notice of 28 days before the start of PAL, and confirm the start date and duration of the intended leave; and
- Make a declaration that they are in one of the ‘Specified Relationships’ and have (or expect to have) a sufficient degree of responsibility for the child’s upbringing.
Employees eligible for PAL can take either:
- A single period of leave of either one week, or two weeks; or
- Two non-consecutive periods of leave of a week each, their two weeks paid leave consecutively, or in two periods.
In either case, unless there is a change in circumstances or other extensions apply, PAL must be taken between the date on which the child is born or placed with the adopter and 52 weeks after that date.
What are the changes?
Removal of the qualifying period
For PAL taken before 6 April 2026, it is a requirement for the employee to have obtained qualifying service of 26 weeks prior to taking their PAL. That requirement is being abolished by the ERA. In other words, it will become a day one entitlement.
The weekly rate of Statutory Paternity Pay for 2026 to 2027 will be £194.32 or 90% of the employee’s average weekly earnings, whichever is lower. However as stated above, often employers offer to pay at the employee’s full rate if higher than statutory minimums, for some or all of the PAL, either as a goodwill discretionary benefit or as a matter of policy.
Interaction between PAL and SPL
Finally, the ERA will repeal existing legislation which provides that PAL is not available if the employee has already taken SPL in respect of the child.
Briefly, SPL is the right for the statutory maternity leave period (up to 52 weeks) to be shared between parents. For example, in a different sex relationship, a mother may take the first 12 weeks as maternity leave and the father takes the remaining 40 weeks as SPL. For a deeper dive into SPL, click here.
For PAL taken before 6 April 2026, when an eligible employee plans to take two non-consecutive periods of one week, if after the first week they take SPL, they lose their entitlement to take the second week. From 6 April 2026, these provisions will be repealed and employees will retain their entitlement to take their untaken second PAL period after any intervening period of SPL.
Next steps for employers
Employers should be looking at their handbooks with a view to updating both their PAL and SPL policies and advising managers of the same.
If you need further advice on PAL or SPL; putting in place a PAL or SPL policy or updating your current one, please contact Michael-Jon Andrews or speak to our Employment team who will be happy to help.
Coming next – ERA changes to Statutory Sick Pay.