The Employment Rights Act 2025 (formerly the Employment Rights Bill) undoubtedly is the largest overhaul of workplace laws that we have seen in decades. It became law on 18th December 2025 but the legal changes will be phased in during 2026 and 2027. Most changes have not yet happened but this blog focuses on just one of the changes that has already come into force, that relating to Paternity Leave and Ordinary Parental Leave.
From 6th April 2026, the following changes took place:-
- Paternity Leave has become a “day one right.” This allows an employee to give notice of such leave from the first day of employment. Under previous legislation, an employee would have to have worked for the employer for 26 weeks before being eligible.
- This is the same for Ordinary Parental Leave or Unpaid Parental Leave (i.e. a right to unpaid time off work when employees need to look after their children); it is now a day one right. Under previous legislation, an employee must have had a period of continuous employment for one year in order to be eligible.
- There is no longer a restriction on taking Paternity Leave after shared Parental Leave.
- Eligible fathers and partners are now able to take up to 52 weeks of unpaid bereaved partners Paternity Leave if the child’s mother or primary adopter dies (albeit this leave must be taken within 52 weeks of the child’s birth (including surrogacy) adoption placement, or entry to Great Britain for overseas adoptions).
The changes have been introduced to increase flexibility in how parents choose to take their leave and it is estimated that an additional 32,000 more fathers per year will be able to access Paternity Leave immediately, as a mother would with Maternity Leave. Further, it is thought that around 1.5 million working parents will now gain access to Parental Leave under the Act.
It is obviously important therefore that employers are familiar with the changes to ensure that they are fully complying with the new Legislation. Our Employment Law Team are on hand to provide further advice in this area and are contactable on 01455 637030. Fixed fee appointments are available to make advice as cost effective as possible.