The Labour party came into government promising day one parental rights and a more family friendly workplace. Reforms start to get underway from April this year, as detailed below.
Paternity leave becomes a day one right
Currently, employees need 26 weeks’ continuous service by the end of the 15th week before the expected birth week to qualify for paternity leave. For babies due on or after 5 April 2026, that requirement disappears. New starters will get the same two weeks’ paternity leave entitlement as everyone else. This brings paternity leave in line with maternity leave, which is already a day one right.
However, the same is not true of paternity pay – the service requirement of 26 weeks remains in place in order to receive statutory paternity pay. New employees can take paternity leave, but unless the company policy says otherwise, the leave would be unpaid.
Notice rules haven’t changed either. Employees still need to give notice of entitlement by the 15th week before the expected week of birth, then confirm their choice of specific dates 28 days in advance. New joiners who can’t meet these deadlines must give as much notice as is reasonably practicable.
Shared parental leave anomaly is fixed
At the moment, taking shared parental leave first means forfeiting paternity leave altogether. The new legislation corrects this and employees can now take paternity leave and pay even after a period of shared parental leave.
Unpaid parental leave is also a day one right
Unpaid parental leave currently requires a year’s service. From 6 April 2026, that qualifying period will also disappear. New employees will get access to their parental leave entitlement from day one of employment.
Extended leave for bereaved partners
Separate legislation introduces a new category of extended paternity leave for parents whose partner dies during childbirth or within a year of the birth. This is called Bereaved Partner’s Paternity Leave.
Under the new law, a bereaved partner can take up to 52 weeks leave in one block. This is a day one right. If leave starts within eight weeks of the bereavement, employees can start leave immediately on oral notice. There is no entitlement to any statutory pay and so the leave will be unpaid unless the company states otherwise.
What action should employers take?
Update your policies: You will want to update your policies to reflect the changes and remove the service requirements for paternity and parental leave.
Decide on enhanced pay: If you offer more than statutory pay, will new employees be eligible straightaway or will you demand a length of service before entitlement?
Address rights for bereaved partners: Consider adding a note to your paternity leave or compassionate leave policy to explain the new right to Bereaved Partners Paternity Leave.
Brief your managers: They may need to know about the new entitlements.
Make policies visible: Ideally, share your family leave policies before employment begins and encourage early notice.
Important points regarding probation
1. How will more employees taking family leave early in their employment affect employers’ ability to assess their performance?
2. This will matter more from 1 January 2027, when the unfair dismissal qualifying period drops to six months.
3. This means a very short window in which to assess an employee’s performance and suitability for the role before the employee qualifies for the right not to be unfairly dismissed (with uncapped compensation, under the current plans).
4. Probation management processes will need to become more robust, but managers will also need to understand that taking family leave in this window is allowed and that employees must not be penalised for it.
5. The ‘clock’ will not be paused on the unfair dismissal qualifying period, soon to be introduced, of six months.
If you would like your handbooks amended, do send them to me nicola.goodridge@goodhr.co.uk or call +44 7917 878384
