Maternity and paternity pay when software checks eligibility (UK)

HR platforms and payroll systems increasingly decide, at the click of a button, whether someone qualifies for family leave and pay and how much they get. The rules they apply come from statute: statutory maternity pay (SMP) and statutory paternity pay (SPP) from the Social Security Contributions and Benefits Act 1992, and the leave rights from the Employment Rights Act 1996. Since 6 April 2026 an important gap has opened between the two, which systems set up earlier may not reflect. This page is for workers and employers in Great Britain; Northern Ireland has separate legislation.

The short answer: paternity leave and unpaid parental leave became day one rights on 6 April 2026, but the pay rules did not change. SMP and SPP still need 26 weeks' continuous employment by the 15th week before the expected week of birth and average earnings at or above the lower earnings limit. SMP is 90% of average weekly earnings for 6 weeks, then the lower of £194.32 and 90% for the rest of the 39 week period. SPP is the lower of £194.32 and 90%. A system that treats leave and pay eligibility as the same test will now get one of them wrong.

Leave: what changed on 6 April 2026

The Employment Rights Act 2025 removed the duration of employment condition from the power to set paternity leave entitlement (ERA 1996 s80A(1)(a)) and from the power to set unpaid parental leave entitlement (ERA 1996 s76(1)(a)), fully in force from 6 April 2026. So an employee no longer needs a minimum length of service to take these kinds of leave, though the other conditions in the regulations, such as the relationship with the child and notice, still apply. Paternity leave must be at least two weeks under the Act (s80A(3)).

Statutory maternity pay: who qualifies

Under section 164(2) (SSCBA 1992 s164), a woman qualifies for SMP from an employer if:

• she has been employed by that employer for a continuous period of at least 26 weeks ending with the week immediately before the 14th week before the expected week of childbirth;
• her normal weekly earnings over the 8 weeks ending with that week are not less than the lower earnings limit; and
• she has become pregnant and reached, or given birth before, the start of the 11th week before the expected week.

She must give at least 28 days' notice of the date she wants SMP to start, or as soon as reasonably practicable, in writing if the employer asks (s164(4) and (5)). Any agreement that tries to exclude, limit or modify these rules is void (s164(6)).

How much SMP and for how long

SMP is paid at 90% of normal weekly earnings for the first 6 weeks, then at the lower of that rate and the prescribed weekly rate for the rest of the period (s166). The prescribed rate is £194.32 a week from April 2026 (SMP (General) Regulations 1986, reg 6). The maternity pay period is 39 consecutive weeks (reg 2(2)), within the statutory cap of 52 weeks (s165).

The earnings figure is an average over a fixed 8 week window. If a payroll system pulls the wrong weeks, or leaves out pay that falls in the window such as a backdated rise or overtime, the first 6 weeks will be wrong.

Statutory paternity pay

SPP has the same service and earnings tests: 26 weeks' continuous employment ending with the week before the 14th week before the expected week of birth, normal weekly earnings at or above the lower earnings limit over 8 weeks, and continued employment with that employer until the birth (s171ZA). It is paid for a period of two consecutive weeks, or, where regulations allow, one week or two separate weeks, within a qualifying period of at least 56 days from the birth (s171ZE). The weekly rate is the lower of £194.32 and 90% of normal weekly earnings (SPP and SAP (Weekly Rates) Regulations 2002, reg 2).

The result since April 2026: a new father or partner with, say, three months' service can take paternity leave from day one but will usually not get SPP. A well designed system should tell them both things clearly, not refuse the leave because the pay test fails.

Practical steps

• Employers: check that HR tools no longer apply a service test to paternity or parental leave, while still applying the 26 week and earnings tests to SMP and SPP. Check the rates are £194.32 and that the 8 week earnings window is calculated from the correct week. Keep a person able to override the system where the facts are unusual, such as early births.
• Workers: if a portal says you are not eligible, ask whether that refers to leave or to pay, and which test you failed. Give notice in good time and keep a copy. For paid time off for antenatal appointments before the birth, see antenatal time off. For flexible working on return, see flexible working requests; for pay on sick days in pregnancy or otherwise, see statutory sick pay, and if a scoring tool counts pregnancy sickness or leave against you, see pregnancy and maternity detriment.

Shared parental leave and pay and adoption leave and pay each have their own page; for babies in hospital, see neonatal care leave and pay, and if a child dies, parental bereavement leave and pay. If your role is made redundant during or after leave, see the priority right to a suitable vacancy. For up to 18 weeks of unpaid time off per child before age 18, see unpaid parental leave. For time off to care for an older or disabled relative, see carer's leave. This page is general information on the law in Great Britain as at 31 October 2026, not legal advice.