From April 2026, significant changes to parental leave entitlements will come into effect under the Employment Rights Act 2025. This article addresses four main changes:
1. Paternity leave as a ‘day one’ right
Currently to qualify for statutory paternity leave, an employee must be employed for at least 26 weeks, earning at least £125 a week and be the father of the baby or the partner of the mother. Paternity leave is either one or two weeks of leave which can be taken consecutively or as separate weeks.
The amendment means paternity leave will become a ‘day one’ right, removing the previous requirement for a qualifying period of service (at least 26 weeks). This applies to cases of birth and adoption. Therefore, someone could give notice of taking paternity leave from the first day of their employment.
2. Bereaved partner’s paternity leave
This leave will also be introduced from 6 April 2026. This is to alleviate some of the pressures and difficulties bereaved partners face who did not have 26 weeks of continuous service and who would not ordinarily qualify for time off. This type of leave will help fathers and partners who lose their partner before their child’s first birthday as they will be able to access 52 weeks of leave. This also applies in the event a primary adopter dies.
Whilst this type of leave will support primary caregivers, the statutory entitlement is for unpaid leave, though employers may choose to offer contractual pay but this will be on a case-by-case basis.
In the first eight weeks after the death, notice can be given informally but after the first eight weeks has lapsed, formal written notice will be required.
3. Paternity leave and shared parental leave
Shared parental leave allows a mother to end their maternity leave/pay early so that both parents can have more flexibility in how they take their leave during their baby’s first year. Eligible parents can share up to 50 weeks of leave and up to 37 weeks of Statutory Shared Parental Pay.
Currently, if an employee decides to take shared parental leave before paternity leave, they may lose their right to take paternity leave. However, the amendment will mean employees will be allowed to take paternity leave either before, during or after shared parental leave. This removes the limitation that prevented employees from accessing paternity leave and pay after shared parental leave and will give families more flexibility with how they arrange leave and care.
4. Removal of the qualifying period for unpaid parental leave
Unpaid parental leave refers to the statutory unpaid entitlement for employees to take up to 18 weeks off per child (up to their 18th birthday) to care for their child. This is a separate type of leave from maternity and paternity leave. Currently, to access this type of leave, an employee will need one year of service and usually it is restricted to four weeks per year per child.
This amendment makes parental leave a ‘day one’ right, meaning employees will be eligible for unpaid parental leave from the first day of their employment and they will not have to wait until a years’ service has been accrued.
This change is aimed at providing greater flexibility and equity in parental leave entitlements, allowing employees to access these rights from the start of their employment.
Action to take now
These changes collectively aim to simplify access to parental and paternity leave, ensuring greater support for employees from the outset of their employment.
For HR managers and companies, these changes necessitate a review and update of existing parental leave policies to ensure compliance with the new legislation. Employers should ensure that their policies reflect the removal of the qualifying period and clearly communicate the updated entitlements to employees.
Companies should consider the broader implications of these changes on workforce planning and resource allocation. With the potential for increased uptake of parental leave, organisations may need to develop strategies to manage workloads effectively during employee absences. Proactive planning and clear communication will be key to ensuring that the transition to the new parental leave framework is seamless.
For further information and advice, please contact B P Collins’ employment team at enquiries@bpcollins.co.uk or call 01753 899995.
