- within Employment and HR topic(s)
- with readers working within the Business & Consumer Services, Pharmaceuticals & BioTech and Property industries
- within Law Department Performance topic(s)
- with Senior Company Executives, HR and Inhouse Counsel
The Employment Rights Act 2025 amends the Employment Rights Act 1996 in relation to paternity leave with effect from 6 April 2026.
What do these changes to paternity leave mean?
- Paternity leave becomes a day-one right. Previously 26 weeks’ service with an employer was required to qualify for paternity leave
- There is no prohibition on taking paternity leave after SPL or shared parental pay.
How does the legislation change?
Section 16 of ERA 2025 amends sections 80A and 80B of ERA 1996 to remove the government’s power to make regulations setting a length of service requirement for paternity leave.
Section 17 of ERA 2025 makes another change to section 80A or ERA 1996 to remove the restriction on taking pat leave or receiving statutory paternity pay following a period of shared parental leave or shared parental pay.
Who do these changes apply to?
- Children born on or after 6 April 2026
- Children whose expected week of childbirth is on or after 6 April 2026 but who are born early
- Adoption placements on or after that date
- Children whose primary carer (i.e. mother or adopter) dies on or after 6 April 2026 regardless of the date of the birth, week of childbirth or adoption placement
Are there any transitional provisions?
Yes. Transitional provisions (interim measures) apply to deal with the amount of notice an employee must give to an employer where the employee is newly eligible for paternity leave under section 16 and the week of birth falls between 6 April and 25 July 2026. The employee in these cases must give 28 days’ notice to take paternity leave (rather than by the end of the 15th week before the expected week of childbirth. Notices can be given now – the provisions apply from 18 February 2026.
If you already qualified for paternity leave under the old rules those rules are not impacted and the usual notice provisions apply.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]