Employment Rights Act is changing parental leave: what HR need to know

From April 2026, the Employment Rights Act introduced the most significant changes to parental leave entitlements in years. For HR and benefits professionals, that means updated policies, revised eligibility criteria and a genuine opportunity to show employees that your organisation supports them through one of life's biggest moments.

This blog covers what has changed, what it means in practice and what employers need to do beyond compliance.

What are the parental leave changes in the Employment Rights Act?

The Employment Rights Act 2025 introduces four key changes to parental leave in the UK:

1. Paternity Leave and Unpaid Parental Leave become day-one rights
2. Fathers and partners can take Paternity Leave after Shared Parental Leave
3. A new Bereaved Partner's Paternity Leave entitlement is introduced
4. A shortened notice period applies temporarily for births expected between 5 April and 25 July 2026

Paternity leave is now a day-one right

Previously, employees needed 26 weeks of continuous service before they could take Paternity Leave or Unpaid Parental Leave. That qualifying period no longer exists. From now, both entitlements apply from the first day of employment.

For most employers, this is the change with the greatest day-to-day impact. New starters expecting a child, or already raising one, are immediately entitled to take leave. HR processes, employment contracts and line manager guidance all need to reflect this.

One important distinction to communicate to employees: Statutory Paternity Pay still requires 26 weeks of service. The right to take the leave is now universal, but the right to statutory pay during it is not.

Can fathers now take paternity leave after shared parental leave?

Yes. Under the previous rules, if a father or partner had already taken Shared Parental Leave, they lost their right to Paternity Leave entirely. That restriction has been removed by the Employment Rights Act.

This gives families more flexibility in how they share care in the earliest weeks of a child's life. It also removes an unintended penalty for fathers who chose to take Shared Parental Leave early.

What is Bereaved Partner's Paternity Leave?

Bereaved Partner's Paternity Leave is a new statutory entitlement introduced by the Employment Rights Act. If a mother or primary adopter dies before their child turns one, the surviving partner is entitled to up to 52 weeks of unpaid leave.

This is one of the most significant new rights in the legislation. HR and people teams should have a clear process in place to support anyone who may need to use this entitlement, including how it connects with existing bereavement support and employee assistance programmes.

The transitional notice period

For births expected between 5 April and 25 July 2026, the notice period for Paternity Leave is temporarily shortened to 28 days, rather than the usual 15 weeks. This is a transitional measure. If you have employees with due dates in this window, make sure managers and HR teams are aware.

What the Employment Rights Act does not cover

The ERA updates are an important step forward. But legislation sets a floor, not a ceiling, and for most employees navigating pregnancy and early parenthood, statutory entitlements are rarely enough.

New and expectant parents are typically dealing with:

• Physical recovery from birth, often complex and long-lasting
• Infant feeding challenges that affect sleep, mental health and confidence
• Returning to work while managing childcare, identity shifts and persistent exhaustion
• Partners who want to be present and involved but do not always know where to get support
• The emotional weight of a fertility journey that preceded the pregnancy
• Perinatal mental health challenges, which affect 1 in 5 women and largely go unspoken

None of that is addressed by statutory leave entitlements. And when it goes unsupported, it shows up in absence rates, retention figures and quiet disengagement long before it reaches a line manager's awareness.

What does meaningful pregnancy and parenthood support look like?

Peppy's Pregnancy and Parenthood service gives employees unlimited, confidential access to specialist clinicians through a simple app. That includes midwives, lactation consultants, infant sleep specialists and perinatal mental health practitioners.

Support begins in pregnancy and continues through the early years of parenthood, covering:

• Expert guidance on pregnancy symptoms, birth preparation and recovery
• Practical, judgement-free support for infant feeding, whether breastfeeding, combination feeding or formula feeding
• Help navigating the return to work, including conversations employees find difficult to raise with managers
• Proactive check-ins so employees do not fall through the gaps between clinical appointments
• Support for partners and co-parents, not just the birthing parent

The Employment Rights Act changes mean more of your employees are eligible for parental leave from day one. But eligibility for leave and proper support through parenthood are two different things.

Learn more about Peppy's Pregnancy & Parenthood service

Learn more

Why parental support is a retention issue

17% of women leave employment within five years of childbirth. 1 in 5 develop a perinatal mental health condition. 88% of employees say they would change jobs for better fertility and family support.

Partners who feel unsupported during the early stages of parenthood disengage quietly, and often permanently.

The employers who retain people through parental transitions are not simply the ones who comply with the legislation. They are the ones who make employees feel supported during one of the most significant periods of their lives.

The Employment Rights Act gives you the framework. Peppy gives you the substance.

Frequently Asked Questions: Employment Rights Act parental leave changes

When did the Employment Rights Act parental leave changes come into effect? The changes to Paternity Leave and Unpaid Parental Leave took effect from April 2026.

Does Statutory Paternity Pay also become a day-one right? No. While the right to take Paternity Leave is now a day-one entitlement, Statutory Paternity Pay still requires 26 weeks of continuous service.

What is the new notice period for Paternity Leave? The standard notice period is 15 weeks before the expected birth. A temporary 28-day notice period applies for births expected between 5 April and 25 July 2026.

Who is eligible for Bereaved Partner's Paternity Leave? The surviving partner of a mother or primary adopter who dies before the child's first birthday is entitled to up to 52 weeks of unpaid Bereaved Partner's Paternity Leave.

How should employers update their parental leave policies? Employers should review employment contracts to remove any qualifying period for Paternity Leave and Unpaid Parental Leave, update their parental leave policy documentation and brief line managers on the new day-one eligibility rules. HR teams should also establish a process for handling Bereaved Partner's Paternity Leave requests sensitively.

Want to see how Peppy supports employees through pregnancy and parenthood and helps you build a benefits package that goes beyond compliance?

Book a call with our team