The government is introducing a number of new family friendly measures under the Employment Rights Act 2025 (ERA 2025) and the first batch of reforms are coming in on 6 April. So what are they, and what do you need to do to prepare?
Paternity leave
Paternity leave is currently only available to those employed for 26 weeks or more by the end of the 15th week before the expected week of childbirth (EWC). This will become a day one right. It will apply in relation to babies born on or after 6 April 2026 or whose EWC is on or after that date but who are born early. Where adoption is concerned the day one right will apply to placements on or after 6 April.
What about paternity pay? The requirement for 26 weeks continuous employment to qualify for this remains in place. In short: the right to take the leave is immediate, but the right to be paid for it is not - unless your organisation chooses to enhance this contractually. This means that although new employees can take paternity leave from day one the leave will not be paid for unless there is a policy in place which allows for payment.
Another thing which is changing is the current prohibition on taking paternity leave or receiving statutory paternity pay after a period of shared parental leave and pay. It will now be possible for paternity leave and pay to be taken after shared parental leave and pay.
Unpaid parental leave
From 6 April 2026, unpaid parental leave, which currently requires a year's service before an individual can become eligible, will become a day one right.
Bereaved partner's paternity leave
This is a new measure which falls outside the ERA 2025. The Paternity Leave (Bereavement) Act 2024 (the Act) came into force on 29 December 2025. It applies where the mother or adopter of a child dies in childbirth, or within a year of the birth or adoption. It's designed to make it easier for the father or partner to take leave instead and also applies to those taking paternity leave in surrogacy or parental order situations.
The Act removed the usual 26-week minimum service requirement and also removed the rule preventing someone who's taken shared parental leave from then taking paternity leave. In practice, these changes have limited practical effect given that paternity leave is becoming a day one right and the prohibition on taking paternity leave after a period of shared parental leave is being removed.
There are further changes afoot though. The Bereaved Partner's Paternity Leave Regulations 2026 are due to come into force on 6 April 2026 and introduce a new right to up to 52 weeks' bereaved partner's paternity leave (BPPL). This new right will be available where the bereavement takes place on or after 6 April 2026. There's no minimum qualifying period of employment.
The notice requirements are straightforward. If BPPL is going to start within eight weeks of the bereavement, notice can be given orally or in writing and leave can kick off immediately. If the employee wants to start BPPL more than eight weeks after the bereavement, they'll need to give the employer at least a week's notice in writing.
Action points
To prepare for 6 April 2026:
- Update your family friendly policies to reflect the changes.
- Think about whether you will contractually enhance pay from day one or whether you will stick to the statutory 26 weeks' service threshold.
- Remember to incorporate the new right to bereaved partners' paternity leave into your existing paternity leave policy or think about putting in place a new standalone policy.
- Ensure that all managers are up to speed with the new rights.
Probationary periods: a practical consideration. Something to consider is how to manage probationary periods when the day one right to paternity leave and parental leave is exercised. This will become particularly important in view of the new six-month qualification period for unfair dismissal being introduced from 1 January 2027. If an employee is off on family friendly leave during some of their probationary period, then this will make it all the more important to closely manage the time that they are around.
What else is on the cards?
Other family-friendly measures under the ERA 2025 include the introduction of a day one right to flexible working, strengthened maternity protections and a new right to unpaid bereavement leave for employees. These are all due to come in sometime next year.
A consultation on enhanced dismissal protections for pregnant women and new mothers closed on 15 January as did another consultation on leave for bereavement including pregnancy loss. A consultation on the new day one right to flexible working and the "light touch" process which employers will have to follow when considering statutory flexible working requests is currently open and will close on 30 April.
On 1 July last year the government launched a full review of the parental leave and pay system in order to consider how it may be improved to support working families. The review covers all types of parental leave and pay and is expected to run for 18 months. It will conclude with a roadmap for implementing potential reforms.
Both the new measures coming in in April and the proposed measures due to follow work towards the government's stated aim of ensuring that there is more flexibility and security for working families. HR teams should ensure they have a plan in place to monitor and implement these changes, including any further reforms that may result from the parental leave and pay system review.
