From 6 April 2026, parental leave and paternity leave will become day-one rights.
For most employers, this won’t create the same operational shock as other changes from the Employment Rights Act, but, it does require policy updates, manager awareness, and process adjustments.
Alongside this, a new right to bereaved partner’s paternity leave is also coming into force. Technically not part of the ERA, but still a significant and sensitive change employers need to handle correctly.
What’s changing on 06 April?
1 | Parental leave becomes a day-one right
Employees will no longer need one year’s service to qualify for unpaid parental leave.
What stays the same?
- Up to 18 weeks’ unpaid leave per child (before age 18)
- Maximum of fourweeks per year
- 21 days’ notice still required
What this means in practice?
Parental leave has historically been underused, largely because it’s unpaid, and that doesn’t change here. So while eligibility widens, we don’t expect a surge in take-up.
2 | Paternity leave becomes a day-one right
The current 26-week service requirement is removed. There is also a technical change – employees will now be able to take paternity leave after they’ve taken Shared Parental Leave (SPL).
What stays the same?
- Notice of entitlement by end of the 15th week before the expected week of childbirth (EWC)
- 28 days’ notice of leave dates
What this means in practice?
Only around three in five eligible fathers currently paternity leave. This ERA change may lead to a modest increase in take-up, but we don’t expect a dramatic shift.
Transitional arrangements to be aware of
Because these become a day-one right on 06 April, employees who gain eligibility could start giving notice from 18 February 2026, so you may receive leave requests earlier than 06 April.
3 | Bereaved partners’ paternity leave
Not technically part of the ERA, but also coming into force on 06 April is a new right to bereaved partner’s paternity leave. This follows campaigning after a father was left without any leave entitlement when his partner died shortly after childbirth.
What’s the new right?
Where the mother or primary adopter dies within the first year of the child’s life:
- The surviving partner is entitled to up to 52 weeks’ unpaid leave
- This is a day-one right (no service requirement)
- Leave must be taken within 52 weeks of birth/adoption
- A minimum of 14 days’ leave is guaranteed
There is an important nuance that if the bereavement happens later in the year, entitlement is limited to the remaining period before the child turns one. However, the 14-day minimum still applies, even if that extends beyond the child’s first birthday.
Notice requirements
- No notice required if leave starts within eight weeks of the bereavement
- One week’s notice required if taken later
Employees may also qualify for Shared Parental Leave and pay, depending on eligibility.
What should employers have in place?
These changes are less about cost, and more about getting the basics right, particularly when dealing with bereavement and family-related situations.
1. Update policies – remove service requirements from parental and paternity leave policies, and add or update a bereaved partner’s paternity leave policy (or integrate this into your existing bereavement policy).
2. Update your templates – review and update acknowledgement letters, approval/refusal templates, and any system-generated communications to reflect the new day-one rights.
3. Brief and train managers – make sure managers understand these are now day-one rights, don’t incorrectly refuse requests, and are equipped to handle bereavement-related situations appropriately and sensitively. We can help – get in touch.
4. Sense-check your processes – check your systems reflect the correct notice requirements and your workflows can handle requests smoothly.
How can we help?
If you need a final sense-check or support getting anything over the line, we’re here to help. We can:
- Update and align your family leave policies and templates
- Introduce or review a bereaved partner leave policy
- Train managers to handle requests confidently and appropriately
Give us a shout if you want a second pair of eyes on your approach. Our Intelligent Employment platform is primed with all the updated documents you require.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
