Day one family rights from April 2026
From 6 April 2026, employers must be ready for a significant expansion of family-related employment rights. Statutory paternity leave and unpaid parental leave are now available from day one of employment, and a new entitlement to Bereaved Partner’s Paternity Leave has also been introduced. For employers, the immediate priority is to ensure that policies, manager guidance and HR processes reflect the new position.
The most immediate operational impact is on paternity leave and unpaid parental leave, both of which can now arise at the start of employment. Employers who have not yet updated their documentation may be applying out-of-date eligibility criteria. For eligible employees with babies due on or after 5 April 2026, statutory paternity leave is now a day one right, with the previous 26-week qualifying service requirement removed. Unpaid parental leave is also now available from the first day of employment, replacing the previous one-year service requirement.
Extended leave for bereaved partners
Since 6 April 2026, bereaved fathers and partners may be entitled to up to 52 weeks of leave where the mother or primary adopter dies during the child’s first year. This new Bereaved Partner’s Paternity Leave is not subject to a minimum service requirement. Employers should ensure that managers and HR teams understand when the entitlement may arise and are equipped to respond appropriately and sensitively.
What this means for employers
These changes mean family-related rights may arise far earlier in the employment relationship than many employers are used to. In practice, this makes it particularly important to review onboarding materials, manager guidance, policy wording and payroll assumptions. Any documents that still refer to previous service thresholds should be updated promptly to reduce the risk of error, inconsistency and employee relations issues.
- Review family leave policies and handbooks to remove outdated qualifying service requirements.
- Check whether payroll, HR systems and internal processes correctly distinguish between eligibility for leave and eligibility for statutory pay.
- Brief line managers and HR teams on the new rights.
- Consider whether any enhanced family leave policies or contractual provisions also need to be updated.
How Ashtons Legal can help
Ashtons Legal advises employers on the practical impact of employment law change, including reviewing and updating policies, handbooks and contractual documentation, supporting HR processes, and delivering training for managers and HR teams. Where broader people issues arise, our employment lawyers work alongside HR specialists to provide joined-up, commercially focused support that helps businesses manage risk and respond confidently to new obligations.
Contact our employment law solicitors today
If you require further support, we would be happy to discuss the changes in detail with you and explore how Ashtons Legal can assist your business.
If you have any questions or concerns about the updates provided above, please contact a member of our Employment Law team. You can use our online enquiry form or call 0330 191 5713.
Tags: Bereaved Partner’s Paternity Leave, Employee, Employer, Employment, Employment Law, Employment Rights Act 2025, Lawyers, Parental Leave, Paternity leave, Solicitors
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