Employment Law Guide 2026: Paternity and parental leave

From April 2026, employees will qualify for paternity and unpaid parental leave from the first day of their employment. The current service requirements (26 weeks’ service at the 15th week before the expected week of childbirth for paternity leave and one year’s service at the time leave is taken for parental leave) are being removed by the ERA 2025. 

Qualifying conditions for statutory paternity pay will not change, so employees will still need 26 weeks’ service at the 15^th week before the expected week of childbirth to qualify for statutory paternity pay, or in adoption cases 26 weeks’ service at the date the adopter is notified of being matched with the child.  Parental leave will remain unpaid.

Currently there is an anomaly regarding paternity leave which means that fathers or partners who take shared parental leave before paternity leave are not able to take any remaining untaken paternity leave. This anomaly will be removed from April 2026 giving more flexibility for those taking paternity and shared parental leave.

On 6 April 2026, a new right for bereaved partners to take up to 52 weeks’ bereaved partner’s paternity leave will come into force. Where the mother or adopter of a child dies in childbirth, or within one year of the birth or adoption, the child’s father, or the partner of the child’s mother or adopter will be able to take bereaved partners’ paternity leave. No qualifying period of employment will be required but the leave will be unpaid.  Those taking leave will have similar rights and protections to those taking other forms of family leave including:

• Preservation of terms and conditions (except remuneration)
• Up to ten keeping-in-touch days
• Entitlement to return to the same job (or, in limited circumstances, a suitable and appropriate alternative)
• The right to be offered a suitable alternative in redundancy situations up to 18 months after the birth or adoption placement
• Protection from detriment and automatic unfair dismissal.

Implications/Action points

• Plan for a greater number of absences as more employees qualify for paternity and parental leave
• Train managers so they understand the new leave obligations
• Update paternity, parental and shared parental leave policies to reflect the changes
• Prepare bereaved partners’ leave policy.