Employment Rights Act 2025: family leave reforms explained

The Employment Rights Act 2025 introduces a number of significant changes to family-related employment rights, reflecting the Government's wider ambition to support working families and modernise the workplace.

While some reforms are already in force, others are expected to take effect over the coming years. Together, they expand access to leave, strengthen employee protections and provide greater flexibility for parents and carers.

For employers, the changes present both opportunities and challenges. Reviewing policies and procedures now will help ensure compliance and support a positive employee experience as the new regime takes shape.

In this article, senior associate Jeremy Coy discusses the Employment Rights Act 2025's family leave reforms, including day one paternity leave rights, expanded parental leave entitlements and enhanced protections for working parents.

One of the most notable changes is the removal of the 26-week qualifying period for statutory paternity leave.

From 6 April 2026, eligible employees can access statutory paternity leave from the first day of employment. This change is intended to ensure that new fathers and partners are able to take time off following the birth or adoption of a child, regardless of how long they have been with their employer.

The reforms also introduce greater flexibility around how paternity leave can be taken. Employees can now take leave in separate blocks and at different points during the first year after a child's birth or adoption, allowing families to tailor arrangements to their individual circumstances.

In addition, paternity leave can now be taken after Shared Parental Leave, giving parents greater freedom in how they divide caring responsibilities during a child's first year.

The Employment Rights Act has also expanded access to statutory parental leave by removing the one-year service requirement previously attached to the entitlement.

Employees now have the right, from the start of their employment, to take up to 18 weeks of unpaid parental leave per child. This leave can be used to care for a child or make arrangements for their welfare, providing greater flexibility for working parents.

For employers, the removal of the qualifying period may result in increased utilisation of parental leave and a greater need for workforce planning, particularly in teams with high levels of employee turnover or large numbers of working parents.

The Bereaved Partner's Paternity Leave Regulations 2026 have introduced an important new entitlement for employees whose partner dies.

Eligible individuals can take up to 52 weeks of unpaid leave following the death of their partner, recognising the significant emotional and practical challenges that can arise in these circumstances.

The new right forms part of a broader trend towards greater support for employees experiencing major life events and reflects growing recognition of the importance of compassionate workplace policies.

The Government is also expected to introduce a new entitlement to statutory bereavement leave for individuals who experience pregnancy loss before 24 weeks.

Although the final details are still being developed, the proposed reforms would provide employees with dedicated time away from work following an early pregnancy loss, addressing a gap in the current legal framework.

Employers should keep a close eye on developments in this area and consider whether existing policies adequately support employees who may be affected.

Alongside expanding access to leave, the reforms strengthen protections for those who take family-related leave.

Employees who take, seek to take or are associated with family leave are afforded enhanced protection against unfair treatment and dismissal. The legislation also builds on existing safeguards for pregnant employees and those returning from family leave.

In particular, enhanced redundancy protection means that eligible employees must be given priority for suitable alternative vacancies in certain redundancy situations, reducing the risk that employees are disadvantaged because they have taken time away from work to care for their family.

Employers should ensure that managers understand these protections and apply them consistently when making workplace decisions.

Although some changes are still being phased in, employers should take steps now to prepare for the evolving family leave landscape.

This may include:

• Reviewing and updating family leave policies and staff handbooks

• Ensuring HR and payroll systems reflect the latest statutory entitlements

• Training managers on new rights and protections

• Reviewing redundancy procedures involving employees on family leave

• Communicating changes clearly across the organisation

• Assessing workforce planning arrangements to accommodate greater flexibility in leave-taking

Taking a proactive approach can help organisations remain compliant while also strengthening employee engagement and retention.

The Employment Rights Act 2025 introduces significant changes to family-related workplace rights, creating new opportunities and challenges for both employees and employers.

Our employment team advises individuals and organisations on all aspects of family leave, including paternity leave, maternity leave, parental leave, adoption leave and flexible working arrangements. We help employees understand and enforce their rights, and support employers in implementing legally compliant policies and procedures.

Whether you are navigating a workplace issue, seeking advice on your rights or preparing for legislative change, our lawyers can provide practical, tailored advice to help you move forward with confidence.