Following the landmark Employment Rights Act 2025, new regulations introduced on January 12, 2026, redefine parental leave protections for both employers and employees.
Parental & Paternity Leave: Breaking the “Qualifying Barrier”
The UK is entering its most transformative era of employment law in decades. From 6 April 2026, the Employment Rights Act 2025 is dismantling the barriers of parental leave, by making parental entitlements a “day-one” right. Implementing the following core changes:
- Paternity Leave: The 26-week service requirement is abolished, granting immediate leave access to an additional 32,000 fathers and partners annually.
- Unpaid Parental Leave: The one-year service requirement is removed, giving 1.5 million more parents immediate flexibility to manage caring responsibilities.
- Greater Flexibility: In a major shift, employees can now take paternity leave after a period of Shared Parental Leave—a sequence previously prohibited by law.
While the law changes in April, newly eligible parents can begin serving notice for their leave as early as 18 February 2026.
Simon Kelleher, Head of Policy at Working Families, notes that removing these qualifying periods prevents families from being “trapped in roles that no longer work for them” due to the fear of losing essential entitlements. Business Secretary Peter Kyle added that these reforms ensure the “security workers deserve,” fostering a stronger economy by supporting families when they need it most.
Statutory Sick Pay (SSP): Removing the “Three-Day Wait”
The overhaul of the SSP system is designed to support the UK’s 1.3 million lower-paid and part-time workers, ensuring that a sudden illness does not trigger a financial crisis. However the new structure opened opportunities for families to gain additional support:
- Day-One Eligibility: The three-day waiting period is scrapped. SSP is now payable from the first day of illness.
- Removal of the Earnings Threshold: The Lower Earnings Limit (LEL) is abolished. All workers, regardless of income level, are now eligible.
- The Dual-Rate System: From April 2026, SSP will be paid at a flat rate (rising to £123.25/week) or 80% of normal weekly earnings, whichever is lower.
Prime Minister Keir Starmer has hailed these measures as the end of an era where working people were left without basic security. By scrapping the “waiting days” and expanding eligibility, the government aims to ensure no one is forced to work while ill just to make ends meet.
Starmer noted: “We’re delivering a modern deal for workers because when we respect and reward those who keep Britain running, we build a stronger economy for everyone.”
Codifying Compassion: Bereaved Partner’s Paternity Leave
The most significant moral victory in the Employment Rights Act 2025 is the introduction of a statutory right to support fathers and partners during the unthinkable tragedy of losing a co-parent.
Historically, bereaved parents were forced to rely on “employer compassion” for time off. This left a legal gap where a grieving parent could, in theory, be required to return to work just days after a loss if their employer chose not to be flexible. From April 2026, this protection is enshrined in law offering a new safety net:
- Surviving fathers or partners will have a statutory right to up to 52 weeks of leave if they lose their partner before the child’s first birthday (or within a year of adoption).
- This “day-one” right ensures that surviving parents have the guaranteed space to grieve and provide primary care for their newborn without the added trauma of financial insecurity or the threat of dismissal.
Why This Matters for Workplace Culture
The campaign for this change was spearheaded by individuals like Aaron Horsey, who faced this very gap in the law after the death of his wife in 2022. Creating a safe space for thousands of future generations facing the battle of parental leave and employment support.
For employers, this regulation provides much-needed clarity. Rather than making ad-hoc decisions during a crisis, managers now have a clear statutory framework to support their staff.
Niall Mackenzie, Chief Executive of Acas, highlights the business case for this compassion, noting that these measures “create capacity to handle unpredictable moments.” By reducing the extreme stress and anxiety associated with such upheavals, employers can maintain better long-term relationships with their staff and foster a truly resilient workforce.
Action Plan for Employers
With the April 2026 deadline approaching, organisations must take proactive steps to stay compliant and support their workforce:
| Focus Area |
Required Action |
| Policy Updates |
Audit and rewrite staff handbooks to remove qualifying service periods. |
| Payroll Setup |
Configure systems for the new SSP dual calculation (80% cap vs. flat rate). |
| Workforce Planning |
Account for increased day-one entitlements in hiring and cover strategies. |
| Manager Training |
Brief leadership on sensitive new rights, particularly the Bereaved Partner’s leave. |
Looking Ahead
While the April 2026 changes represent a milestone in UK employment law, they are only the first phase of a broader legislative shift. These reforms are part of an ongoing Parental Leave and Pay Review, suggesting that further updates regarding maternity system efficiency and flexible working may be on the horizon.
Frequently asked questions:
The importance of being fully informed about Pregnancy and Maternity Leave rights as an employer.
Pregnancy and maternity leave impose intricate legal responsibilities on employers, prompting various inquiries from employees who are eager to understand how these changes will integrate with their work life.
Employers who are unaware of these obligations risk facing discrimination claims due to non-compliance. It is crucial for businesses to consult with specialized experts familiar with the complex laws related to pregnancy and maternity.
The most effective advice for business owners is to engage with a specialist Employment Team as soon as they are notified of an employee’s pregnancy. Early communication ensures compliance with relevant laws and minimizes potential issues when the employee begins maternity leave.
An employee has notified me that she is pregnant. What should I do?
You should acknowledge your employee’s news by ideally sending them a letter confirming their pregnancy and anticipated maternity start and end date and outlining their legal entitlements to the likes of Statutory Maternity Pay/Maternity Allowance.
Our specialist team can draft this letter for you, which will assist both the employer and the employee in understanding clearly what is expected from both parties moving forward for this new chapter in your employee’s life.
An employee has asked to take her maternity leave. Do I need to accept?
Yes. Any employee (regardless of length of service with the company) is entitled to a period of maternity leave, which is usually twelve months.
However, a shorter or longer period can be agreed upon by both parties.
An employee is saying that she does not feel safe coming back to work. What should I do?
You should contact our specialist Employment Team immediately to avoid a Health and Safety and/or discrimination complaint against the business. Our team can guide as to whether the employee’s complaint is likely to be founded and provide practical guidance as to how to deal with such a complaint.
Further, our team can advise as to the relevant risk assessments which employers should put in place when one of their employees becomes pregnant.
An employee has complained of unfair treatment/discrimination. What do I do?
Pregnancy and maternity discrimination claims are complex and common due to most employers not being fully aware of the legal obligations placed on them when one of their employees becomes pregnant.
Ideally, you should seek legal advice as soon as you become aware of any complaint, as it may be possible to rectify the employee’s complaint without it going further to the likes of an Employment Tribunal.
If the complaint is not easily rectified and is perhaps already in the Employment Tribunal stages, it is strongly advised that you speak to our legal team of experts on 0113 200 9948 as soon as possible so that they can assist in defending any complaint early with a view to lessen the risk of being found ‘guilty’ in relation to the findings of any such complaint.
Why should I close Oakwood Solicitors?
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
Further information:
Day-one parental leave rights confirmed for April 2026.
Pregnancy and Maternity Discrimination.
Family Law for Military Personnel.
WHAT TO DO NEXT
If you have been treated unfairly while taking maternity and paternal leave, do not wait. Contact our legal team for expert advice and fast support.
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 200 9720 to find out how we can help you.
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Fiona Almazedi has been with Oakwood Solicitors for the last 10 years working as a consultant and taking up the position of Head of Employment on the 3rd January 2024.
Fiona has over 20 years of ex…
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