This article has been updated following the government’s release of the revised timetable for the implementation of the Employment Rights Act on 3 February 2026, though much remains unchanged from the roadmap published in July 2025.
From 6 April 2026, employees who are parents will enjoy the right to statutory unpaid parental leave (also called ordinary parental leave) from day 1 of their employment. The length of service requirement for employees eligible for statutory paternity leave will also fall away.
Employees who are set to be newly eligible for paternity leave or unpaid parental leave come 6 April 2026 can give notice to their employers of their intention to take the relevant leave from 18 February 2026
Unpaid parental and paternity leave rights extended
‘Day 1’ unpaid parental leave
The current position on ordinary parental leave requires parents to work for their employer for a year before qualifying to use their entitlement to leave. However, as the leave is unpaid, in practice most eligible employees either forgo their entitlement entirely, or use it only partially.
From 6 April 2026, many parents – particularly those in new, temporary or insecure roles – will no longer be excluded from the right to parental leave simply because they have not worked for their employer for long enough. This will allow parents to take a short time off without fear of losing their job, though the extent to which this will increase the uptake of parental leave is likely to be limited given it remains unpaid.
‘Day 1’ paternity leave
The government estimates that an additional 32,000 fathers will gain the right to statutory paternity leave each year following this reform. While the length of statutory paternity leave will remain at two weeks, this nonetheless marks a significant shift for fathers and partners. Paternity leave has historically been less accessible than maternity leave, particularly for those changing jobs or entering new employment shortly before a child’s birth. The reforms aim to address this imbalance by ensuring early parental involvement is supported, regardless of length of service.
Similar arrangements will apply, with necessarily different details, in cases of adoption and surrogacy. The extension of these rights largely benefits the partners of expectant mothers, as women in employment already enjoy a right to (at least unpaid) maternity leave from day 1 (and indeed, in many circumstances, an obligation to take at least the first two weeks of it).
Employees who will become newly eligible because of this change – most likely to be the partners of already expectant mothers – can simply give their employer 28 days’ notice where the expected week of childbirth falls between 5 April and 25 July 2026. Otherwise, employees should give their employer notice by the 15th week before the expected week of childbirth.
Shared parental leave and lifting its restriction on paternity leave
The last reform of parental rights, in 2015, introduced shared parental leave (SPL). SPL has seen a particularly low uptake; by 2023 it had been utilised by only 1% of eligible mothers and 5% of eligible fathers. SPL is viewed as problematic because it does not operate as a standalone benefit; any SPL taken by one parent is reduced from the statutory leave entitlement of the other.
As an example of this, currently eligible employees’ entitlement to paternity leave and pay is restricted if SPL is taken beforehand. However, paternity leave will lose its connection to SPL come April 2026.
Bereavement leave extended
Another key development is the introduction of Bereaved Partners’ Paternity Leave. This followed campaigning from individuals such as Aaron Horsey, who found that he had no statutory right to any leave after his wife died in childbirth, leaving him the sole parent of their new-born son. Mr Horsey’s campaign led to a Private Members’ Bill on the matter, which received cross party support, was passed on Parliament’s last day before the 2024 general election and is now being brought into force.
From 6 April 2026, where a father or partner experiences the loss of their partner (mother or primary adopter) before their child’s first birthday, they will have the right to up to 52 weeks’ leave to look after their child. Employees need only provide oral notice to take leave with immediate effect.
What this means for parents
Taken together, these reforms provide working parents with more certainty at a time when stability matters most. Parents will better be able to take essential time away from work without undue concern for eligibility thresholds or job security, and without relying on employers’ discretionary benefit provision, family leave policies or sabbatical opportunities.
The reforms also promote greater equality in parenting responsibilities, supporting fathers and partners to take a more active role from the outset. By embedding these rights into law, the government is signalling a shift towards a more family-focused approach to employment protection.
What this means for employers
The government’s impact assessment on the ‘Day 1’ right to paternity leave and unpaid parental leave, conducted in 2024, estimated a total cost to employers of just under £25 million a year. There may be benefits to employers from the clarity of these arrangements and from knowing that their competitors will be incurring the same costs as they are (many employers will already allow some paternity leave from day 1 as a matter of discretion, for instance, but their business competitors may be less generous). Employers are increasingly recognising the need to provide enhanced family benefits that go beyond the statutory framework, and its connection to attracting and retaining talent.
In light of the new legislation, employers may want to get ahead with updating their policies in anticipation of April’s changes, including those on enhanced pay (for example to reflect the introduction of Bereaved Partners’ Leave). Indeed employers may use this as an opportunity to review the contractual rights they offer employees – while not able to offer less than the statutory minimum, employers do have a choice as to whether, and how much, they pay employees for taking statutory leave.
Employers would be well advised to also consider the implications of these changes for employees’ probationary periods (especially given that, from 1 January 2027 onwards, the qualifying period of continuous employment for unfair dismissal rights reduces from 2 years to 6 months).
The wider context
These parental leave reforms form part of a broader legislative package introduced under the Employment Rights Act 2025. The Act aims to modernise employment law and strengthen protections for workers across the UK, particularly those in insecure or lower-paid roles. As its various provisions come into force, it is likely to represent the most significant change to rights at work for a generation. While the parental leave reforms set out above have been brought in with minimal resistance and are relatively uncontroversial, many other aspects of the new legislation are proving much more so.
The changes in April 2026 are unlikely to be the last word on parental leave. The government’s review of the parental leave system as a whole, launched in July 2025, is still underway and is expected to conclude in 2027. That being so, it would come as no surprise if further changes in this area were brought forward.
For further information, please contact Ross Beaton, Senior Associate or Elizabeth Shaw, Associate in the Employment department, or alternatively, telephone 02074654300.
