As the workplace continues to evolve, so do the rights and protections afforded to employees who are starting or growing their families. Recent updates to family leave reflect a continued focus on supporting parents and caregivers through improving flexibility, reducing inequality and promoting a healthy work-life balance. These updates are designed to protect and support workers during pregnancy, birth and early parenthood.

From 6th April 2026, a number of significant family leave changes came into effect under the Employment Rights Act 2025, including the introduction of important day-one rights for employees. Certain statutory entitlements, such as paternity leave and unpaid parental leave, are now available to employees from their first day of employment rather than only after completing a qualifying period.

Here we look at some of the recent changes to family leave and what they mean for employers and employees.

Shared Parental Leave and Pay

Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay between them following the birth or adoption of a child, offering more flexibility than traditional maternity and paternity leave arrangements.

Previous legislation did not allow an employee to retain their remaining paternity/maternity leave entitlement once they start SPL. As of April 2026, employees can take their statutory paternity leave (if they are eligible) in addition to any SPL they choose to take, giving families greater control over how they share time off after the birth or adoption of a child. However, this change does not allow a mother to take maternity leave after SPL, so they would remain on SPL.

With tribunals taking a firmer stance on employers who fail to properly facilitate SPL requests, employers should review internal procedures to ensure that shared parental leave requests are handled consistently, fairly and in line with statutory guidance.

Paternity Leave and Pay Enhancements

Paternity leave enables new fathers, partners and certain carers to take time off after the birth or adoption of a child. Eligible employees can take one or two consecutive weeks’ paternity leave, to be taken within 56 days of the birth.

As of 6th April 2026, employees can now benefit from new day one rights to paternity leave, including:

  • The restriction on taking paternity leave after shared parental leave has been removed
  • Eligible fathers and partners can take up to 52 weeks of unpaid bereaved partner’s paternity leave if the mother or primary adopter dies – they must take this leave within 52 weeks of the child’s birth (including surrogacy), adoption placement, or entry to Great Britain for overseas adoptions
  • Greater awareness of “qualifying relationships” as guidance now emphasises that partners, regardless of gender or marital status, can be eligible, provided they meet statutory criteria.

Statutory paternity pay remains aligned with national pay rates, which are reviewed annually. Employers should ensure payroll systems are updated each tax year to reflect current statutory rates.

What steps do employers need to take?

To keep ahead of the evolving landscape of family-related leave rights, employers should consider the following best practices:

  • Review existing policies: Ensure that all family leave policies are updated and align with the latest legal requirements, including notice rules and eligibility criteria.

  • Train line managers: Make sure line managers are fully informed of the recent changes so they can confidently support employees, follow the correct processes and minimise the risk of discriminatory conduct.

  • Maintain clear communication: Encourage open dialogue with employees about their leave options and return-to-work plans, ensuring expectations are clearly established from the outset and consistently supported throughout the process.

What steps can employees take?

Even with strengthened family leave rights, issues can still arise. For example:

  • A manager may wrongly refuse paternity leave because they believe the employee hasn’t reached 26 weeks’ service, despite this requirement being removed from April 2026.
  • An employer may misinterpret transitional notice rules for babies due between April and July 2026 and continue to insist on the old 15-week notice period.
  • An employer may unlawfully deny paternity leave after shared parental leave, even though the restriction is being removed under the new legislation.

When situations like these occur, employees should understand the practical steps they can take to challenge incorrect decisions, assert their statutory rights and seek resolution through internal processes, enforcement bodies or formal dispute channels. This includes:

  • Reviewing your workplace’s policies and keeping in mind that company rules cannot take away or reduce your statutory rights.

  • Clarifying to your employer that the updated statutory rights apply regardless of length of service from April 2026.

  • Seeking Legal advice

How can Backhouse Solicitors help?

Whether you’re an employer updating workplace policies to ensure compliance with the new laws or an employee seeking guidance on your family leave rights, our expert Employment Law team can provide clear, practical advice tailored to your situation. Contact the team at our office in Chelmsford or Leigh-on-Sea to book a free 30-minute consultation.

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Email: info@backhouse-solicitors.co.uk
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