The changes came into force on 6th April 2026 and centre on three important reforms:
- Unpaid parental leave is now a Day One right.
- Paternity leave is now a Day One right.
- Employees can now take paternity leave after shared parental leave, removing the previous restriction.
While these changes may appear straightforward, employers will need to review their policies, update HR processes and ensure managers are familiar with the new rights and the way they operate.
The move towards Day One rights
Historically, certain family-related leave entitlements depended on employees building up a minimum period of service before becoming eligible. This often meant that where employees had recently changed jobs, they could miss out on important time with their families.
The Employment Rights Act 2025 removes some of these service requirements, strengthening employment protections and making family-friendly rights available from the start of employment.
As a result, family leave requests may now arise much earlier in the employment relationship.
Change 1: Day One parental leave
What was the previous position?
Before 6th April 2026, employees generally needed one year’s continuous service with their employer before they became eligible for unpaid parental leave.
Unpaid parental leave allows eligible parents to take time off work to care for a child and is available up to a statutory maximum entitlement.
What has changed?
The Employment Rights Act 2025 removes the one-year qualifying period. Employees are now entitled to unpaid parental leave from their first day of employment: whether they are welcoming a baby, adopting or becoming a parent through surrogacy.
What does this mean for employers?
A newly-recruited employee who meets the relevant parental eligibility requirements can now request parental leave without the previous service requirements. Employers can no longer rely on length of service as a barrier to eligibility. Workforce planning may need to account for family-related absences much earlier in an employee’s tenure.
Change 2: Day One paternity leave
What was the previous position?
Previously, employees generally needed 26 weeks’ continuous employment by a specified point before becoming eligible for statutory paternity leave. This could create difficulties for individuals who changed jobs during a partner’s pregnancy.
What has changed?
From 6th April 2026, the 26-week service requirement for paternity leave has been removed. Eligible employees can now access paternity leave from the first day of their employment.
The notice period for paternity leave had been temporarily reduced from 15 weeks to 28 days. For babies due on or after 26th July 2026, standard notice rules return for regular qualifying employees.
The government estimates that around 32,000 additional fathers and partners each year will benefit from this change.
An important distinction: leave versus pay
Employers should note that the legislation reform applies to the right to take paternity leave, not necessarily to the right to receive Statutory Paternity Pay (SPP).
The continuity of service and earnings conditions for statutory paternity pay remain separate and may still apply. Employers must therefore distinguish between eligibility for leave and eligibility for statutory pay.
Change 3: Paternity leave following shared parental leave
What was the previous position?
Under the previous rules, employees who took shared parental leave (SPL) could lose the ability to take paternity leave afterwards because of the way the statutory framework was structured.
What has changed?
The Employment Rights Act 2025 removes this restriction. Employees can now take paternity leave even if they have already taken shared parental leave.
Leave must still be completed within 52 weeks of the child’s birth or placement.
Why does this matter?
This change provides greater flexibility for families. Parents can arrange leave in a way that best suits their circumstances without worrying that taking one form of family leave will automatically prevent access to another.
For employers, the reform simplifies what has (historically) been a complex interaction between paternity leave and shared parental leave rules
What are the benefits for employers?
Although the reforms create additional administrative responsibilities, they may also deliver business benefits.
Family-friendly policies can improve recruitment and retention, particularly in a competitive labour market. Employees who feel supported are often more engaged and more likely to remain with their employer. The reforms have been linked to wider efforts to increase labour market participation among parents and carers.
For small and medium enterprises competing against larger employers for talent, demonstrating strong family-friendly practices can be a valuable differentiator.
Action points for employers
Proactive steps should be taken to ensure compliance and minimise disruption.
1. Update family leave policies
Review and amend paternity leave and parental leave policies to remove references to:
- The one-year service requirement for parental leave.
- The 26-week service requirement for paternity leave.
2. Review employee handbooks and contracts
Ensure supporting documentation reflects the new eligibility rules and does not contain outdated qualifying periods.
3. Training
Line managers should understand:
- The new Day One rights.
- The distinction between leave entitlement and statutory pay entitlement.
- How the revised paternity and shared parental leave rules operate.
4. Check HR systems and workflows
Make sure leave request systems can accommodate requests from new starters and that approval processes reflect the new legislation.
5. Communicate the changes
Inform employees about the reforms so they understand their rights and the process for requesting leave.
6. Review workforce planning
As mentioned above, managers should anticipate that family leave requests may arise much earlier in an employee’s employment than previously expected.
