The Employment Rights Act 2025 represents the most significant shift in UK family rights in decades. For parents and carers, the ERA moves away from a system based on time in employment to a day one model based on the immediate needs of a modern family, introduced on 6th April 2026.
In this blog, we’ll explore the changes implemented by the Employment Rights Act, and how they affect you.
Paternity Leave
Under previous laws, fathers and partners had to work for their employer for at least 25 weeks to qualify for paternity leave, leaving new parents or carers who had recently changed jobs with no legal right to time off.
Now, the 26-week qualifying period has been scrapped, making the right to paternity leave a day one right.
Under the ERA, the rule that prevented parents from taking paternity leave if they had already taken Shared Parental Leave has also been scrapped. This means that fathers can now use paternity leave, even after SPL has begun.
While paternity leave is now a day one right, the eligibility for Statutory Paternity Pay remains subject to the 26-week service requirement.
Unpaid Parental Leave
Unpaid parental leave is a vital tool that gives parents time off during school holidays and to undertake parental duties. Previously, employees needed to have one year of service to be entitled to unpaid parental leave.
Under the Employment Rights Act, this is now a day one right, meaning 1.5 million additional parents will now have the right to take up to 18 weeks of unpaid leave (capped at 4 weeks per year) for each child under 18, regardless of time of service.
Bereaved Partner’s Paternity Leave
Eligible fathers and partners will be able to take up to 52 weeks of unpaid Bereaved Partner’s Paternity Leave (BPPL) if a child’s mother or the primary adopter dies. This leave must be taken within 52 weeks of the child’s birth (including surrogacy), adoption placement or entry into Great Britain (if adopted from overseas). Please note that BPPL is separate legislation.
Next year, further protections will be introduced for pregnant women and new mothers, so keep an eye out for further updates.
Not sure how these changes to parental leave affect you?
While the law sets the minimum standard, many employers may already offer enhanced parental leave packages that exceed these new legal requirements. If you are unsure about your right to parental leave, don’t hesitate to get in touch with our Member Service Centre.
© Community Trade Union 2026
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