From 6 April 2026, changes under the Employment Rights Act 2025 remove the length of service requirements for paternity leave and unpaid parental leave, and widen entitlement to Statutory Sick Pay (SSP).
The direction of travel is clear: existing rights arise earlier, and SSP applies across a broader cohort. For employers, the key questions are when obligations arise and who falls within their scope.
Current position
Statutory paternity leave is available to employees with at least 26 weeks' of continuous service by the relevant qualifying week. Unpaid parental leave requires one year of service.
Those thresholds operate as a practical filter to eligibility: employees who commence employment near the time of birth or placement for adoption of a child may not meet the qualifying conditions.
Position from 6 April 2026
From April 2026, both statutory paternity leave and unpaid parental leave become available from the first day of employment.
The change relates only to the right to take leave. The qualifying conditions for statutory paternity pay remain separate and unchanged.
Employees may now give notice from day one. Transitional provisions apply in some cases, including shortened notice periods where the expected week of childbirth falls shortly after implementation. The previous bar on taking paternity leave following shared parental leave is also removed.
Removing service thresholds does not expand which rights...
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