The New Day-One Eligibility
From 6 April 2026, employees no longer need months or years of service to access their leave entitlements.
| Leave Type | Old Rule (Pre-April 2026) | New Rule (From 6 April 2026) |
| Paternity Leave | 26 weeks continuous service | Day One (No service required) |
| Unpaid Parental Leave | 1 year continuous service | Day One (No service required) |
| Secondary Adopter Leave | 26 weeks continuous service | Day One (No service required) |
Crucial Distinction: These reforms apply to the right to take leave (time off). They do not automatically apply to statutory pay.
Managing the “Pay Gap” (Leave vs. Pay)
One of the biggest challenges for Hewitt’s Payroll will be managing employees who are eligible for leave but not pay.
- Statutory Paternity Pay (SPP): The 26-week service requirement for pay remains in place.
- The Result: A new hire (e.g., 2 weeks in) is legally entitled to take 2 weeks of Paternity Leave, but they will likely be ineligible for SPP.
- Payroll Action: You must ensure your system can process “Leave Only” records. For these employees, the absence is recorded, but the payment is £0.00 (unless your company offers enhanced contractual pay).
Transitional Notice Rules
Because this law takes effect on 6 April 2026, there is a “bridge” period for babies due around that time.
- Notice Start Date: Employees were able to start giving notice for this new “Day One” leave from 18 February 2026.
- The 28-Day Shortcut: For babies due between 5 April and 25 July 2026, newly eligible employees only need to give 28 days’ notice of their intention to take leave (rather than the usual 15 weeks).
- Standard Rule: For babies due from 26 July 2026 onwards, the standard 15-week notice period (before the Expected Week of Childbirth) applies, even for new starters.
Bereaved Partner’s Paternity Leave
A vital new addition coming in April 2026 is the Bereaved Partner’s Paternity Leave.
- What it is: If a mother or primary adopter dies within the first year of the child’s life, the partner has a Day-One right to take up to 52 weeks of leave.
- Flexibility: If this leave starts within 8 weeks of the bereavement, it can be taken on oral notice alone to allow the parent to focus on the crisis.
Operational Checklist for Hewitt’s Payroll
Update Onboarding Workflows
Since paternity leave can now be requested on the first day, your onboarding forms should ask new hires if they have any upcoming family leave requirements. This prevents “surprise” absences in the first month.
Link Shared Parental Leave (SPL)
The 2026 rules remove the restriction that prevented Paternity Leave being taken after Shared Parental Leave.
- Old Way: If you took SPL, you lost your Paternity Leave.
- New Way: Employees can take their 2 weeks of Paternity Leave at any point in the first year, even if they have already used SPL.
Probation Period Protection
Managers must be trained that taking Day-One leave cannot be used as a reason to fail a probation period. The Fair Work Agency (FWA), launching 7 April 2026, will be looking closely at “probation dismissals” that coincide with family leave requests.
Evidence & Documentation
AWE Calculations: For those who do qualify for pay, ensure Average Weekly Earnings are still calculated based on the 8-week period ending with the “Qualifying Week” (15 weeks before EWC).
Form SC3: Continue using Form SC3 (or your digital equivalent) to capture the employee’s declaration of responsibility for the child.