New day-one rights for family-related leave

James Cairns, Solicitor

The Employment Rights Act introduces some of the most significant reforms to family-related leave in recent years. Most of the Act’s provisions will take effect from 6 April 2026 onwards, with further provisions expected to be implemented in 2027. In addition, a separate Act will introduce additional rights to unpaid leave for bereaved partners, also taking effect from 6 April 2026.

HR teams will need to update policies, train managers and prepare for increased flexibility in how employees take time off following birth, adoption or bereavement.

This bulletin summarises the confirmed changes and highlights what employers should be doing now to prepare.

Day-One Right to Paternity Leave (from April 2026)

The Act removes the current 26-week qualifying period for Paternity Leave, making it a right for all employees from day one, provided the correct notice is given. It is expected that around 30,000 more fathers and partners will be brought into the scope of Paternity Leave each year.

Key points

• Applies to employed parents of babies with an Expected Week of Childbirth (EWC) on or after 5 April 2026;
• Applies to children placed for adoption on or after 6 April 2026;
• Statutory Paternity Pay rules remain unchanged (26-week service requirement); and
• Restriction preventing Paternity Leave being taken after Shared Parental Leave is removed.

Transition period

To enable employees to take leave from 6 April 2026, the notice requirement will be temporarily reduced to 28 days. Furthermore,  newly eligible parents will be able to give notice from 18 February 2026.

Implications for HR

1. Update Paternity Leave policies and staff handbooks;
2. Clearly communicate the distinction between entitlement to leave and entitlement to pay; and
3. Refresh induction materials to reflect day-one eligibility.

Day-One Right to Unpaid Parental Leave (from April 2026)

Currently, employees must have at least 12 months’ service before taking Unpaid Parental Leave. From 6 April 2026, this becomes a day-one right and it is expected that around 1.5 million additional parents will become eligible each year. Under this right, the notice requirement (21 days) remains unchanged; and no transitional provisions are required.

HR considerations

1. Prepare for an increase in requests, especially from newer employees;
2. Review staffing and resourcing models to ensure coverage; and
3. Update leave request procedures and family-leave policies.

Day-One Rights for Bereaved Partners (from 6 April 2026)

Bereaved partners will also gain new rights under the Paternity Leave (Bereavement) Act 2024, which is being implemented on 6 April 2026. This new entitlement, known as Bereaved Partner’s Paternity Leave, will provide:

• A day one right to unpaid leave for partners where the mother or primary adopter dies within a year of birth/adoption;
• Leave which will, in effect, comprise the unused period of the deceased partner’s maternity or adoption leave; and
• No qualifying period.

New Statutory Bereavement Leave (expected from 2027)

For the first time, employees are expected to gain a statutory day-one right to unpaid bereavement leave covering:

• The death of a loved one (wider than the current limited statutory right);
• Pregnancy loss before 24 weeks; and
• Protection from redundancy or dismissal connected with taking bereavement leave.

Core framework set by the Act

• A minimum of one week’s leave;
• Leave must be available within at least a 56-day window; and
• Further details will be set out in regulations following consultation, which was launched in October 2025 and closed on 15 January 2026.

What this means:

Current statutory bereavement rights apply only in limited child-loss scenarios; many employers offer compassionate leave on a discretionary basis. With nearly two million workers experiencing intense grief each year, and an estimated 1 in 5 women in the UK experiencing a miscarriage throughout their lifetime, employers should expect increased reliance on this statutory entitlement once implemented.

HR teams should prepare to update policies and manager guidance once the secondary legislation is published.

Immediate next steps for HR

Between now and February 2026:

Audit and revise family‑leave policies, update onboarding materials to reflect day‑one rights, and prepare internal communications for affected employees. In addition, train managers on notice rules and how these interact with Shared Parental Leave.

During 2026:

Monitor outcomes of the bereavement leave consultation and begin drafting new bereavement policies reflecting forthcoming regulations.

In 2027:

Implement statutory bereavement leave once final rules are published and consider enhancing entitlements (including pay) to remain competitive.

It is vital for employers to stay ahead of these forthcoming changes and ensure their policies, procedures and manager guidance are updated well before April. Our team can support you in preparing for the new framework and provide strategic advice on how best to navigate the upcoming changes. For further assistance, please contact our employment team, or email us at [email protected]