New parental leave rights will come into force from April as part of the Employment Rights Act 2025. The government estimates 1.5 million parents will benefit from greater flexibility in sharing caring responsibilities by having the ability to take unpaid parental leave from the first day in a new job.
Statutory paternity leave currently requires 26 weeks of service, while unpaid parental leave requires 12 months of service. Under the act, both these qualifying periods will be abolished, giving all employees the right to statutory paternity leave from day one of a new job. However, statutory paternity pay will not become a day-one right and employees will still require 26 weeks’ service to qualify for statutory paid leave.
This change allows all parents to offer significant support in the early days of parenthood. The change in legislation also enables paternity leave to be taken after shared parental leave, which was not previously allowed.
Ahead of the implementation date on 6 April, employers should review their relevant family leave policies and update these to reflect the new eligibility. Consideration should also be given to whether any updates to contracts of employment are needed, to the extent they set out family leave entitlements.
Payroll and HR systems may also need to be adjusted for handling the change in leave entitlements. Training for managers is essential so they are equipped to deal with earlier requests for paternity leave and can ensure periods of leave are well planned.
Some organisations offer enhanced benefits related to family leave by topping up paternity pay or offering paid parental leave. They may wish to extend these enhancements from day one, although this is not legally required as part of the new legislation.
The government has also committed to continuing a parental leave and pay review. This will assess the whole system, including parental leave, pay entitlements and broader issues such as self-employed parents and kinship carers, who do not currently qualify for existing entitlements, to understand how it can work better for parents and employers. The review is expected to run until 1 January 2027.
Some employers are already taking a headstart by voluntarily introducing significant enhancements to their paternity, co-parent and co-adopter leave policies. This may involve equalising family leave policies for all parents, whether fathers, co-parents or adopters, to underline a broader commitment to supporting work-life balance and gender equality in the workplace.
By enabling a work-life balance for both parents and allowing their careers to continue prospering in tandem, an employee may feel closer to their family and, as a result, their employer. In turn, this supports recruitment and retention efforts within a competitive labour market. This is why supporting people through major life events is not just morally right, it is strategically smart for business.
Shelley Sutton is chief people officer and Maz Dannourah is legal director in employment at Browne Jacobson
