Leave provisions: what’s new?
The Employment Rights Act will not only update existing leave entitlements but also introduce new rights.
Paternity and parental leave
Since 6 April 2026, the length of service requirement for paternity leave and parental leave have been removed. This means eligible employees are now entitled to take this leave from day one. The previous restriction preventing employees from taking paternity leave after shared parental leave has also been removed.
You should ensure your policies are updated to reflect these changes and that staff also know about the change.
Statutory Sick Pay
Since 6 April 2026, Statutory Sick Pay (SSP) has become more accessible following the removal of both the waiting period and the Lower Earnings Limit.
Costs of short-term absence will increase unless you pay enhanced sick pay and you may experience higher levels of short-term absence.
Ensure your managers proactively monitor absence and address high levels of short term absence.
You should also update your sickness policies and contracts of employment to remove references to waiting days and the lower earnings limit.
Protection against dismissal
Protection against dismissal for pregnant employees and those returning from family leave will also be strengthened. Further details from the government are needed to help us understand how this will operate in practice.
Managers will need to understand these changes. It’s a good time to check they’re handling family-friendly leave requests appropriately. Our Back-to-Basics training includes a module on family-friendly rights, designed to help line managers understand the statutory entitlements available to employees with caring or family responsibilities.
Recognising the workplace impact of bereavement
A new right to unpaid bereavement leave will allow workers to take time off when someone close to them dies, or if they or their partner miscarry before 24 weeks. Workers will need to meet certain conditions regarding their relationship with the deceased which will be set out in regulations.
The government launched a consultation on this in October 2025. It has not yet published its response.