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
The current length of service requirement for paternity leave and parental leave will be removed from 6 April 2026, meaning eligible employees will be entitled to take this leave from day one. The current restriction on taking paternity leave after shared parental leave is also being removed at the same time.
You can prepare for change by amending your policies and ensure staff know about the changes.
Statutory Sick Pay
Statutory Sick Pay (SSP) will also become more accessible, with 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 can also amend 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.