Family leave: employer checklist

Guide summary

Let paternity leave be taken for 1 or 2 weeks, within 52 weeks of birth or adoption
Allow paternity leave after shared parental leave, which is now permitted
Expect paternity leave notice by the 15th week before the expected week of childbirth
Allow up to 18 weeks of unpaid parental leave per child, until the child's 18th birthday
Limit parental leave to 4 weeks a year per child unless you agree otherwise
Ask for 21 days' notice of parental leave and postpone it for up to 6 months if needed
Check Statutory Paternity Pay needs correct notice and employment at the time of birth or adoption
Count parental leave taken with a previous employer towards the 18 weeks

Several family leave entitlements are day-one rights under the Employment Rights Act 2025. Employees are eligible from their first day of employment, with no minimum service requirement.

Day-one entitlements

Paternity leave: Day-one right (no service requirement)
Unpaid parental leave: Day-one right (no service requirement)
Parental bereavement leave: Day-one right for parents of a child who dies (already in force)
Wider bereavement and pregnancy loss leave: Planned from April 2027, rules not yet made

Paternity leave day-one right (ERA 2025)

Paternity leave becomes a day-one right under ERA 2025, removing the 26-week service requirement.

From 6 April 2026, paternity leave becomes a day-one employment right. Employees no longer need 26 weeks' continuous service to qualify for paternity leave.

Service requirement (from April 2026): NONE - Available from day one of employment
Previous service requirement: 26 weeks' continuous service by the 15th week before the expected week of childbirth
Amount of leave: 1 or 2 weeks (unchanged)
When leave can be taken: Within 52 weeks of birth or adoption (can now be taken after shared parental leave)
Paternity pay: £194.32/week (2026/27) or 90% of average earnings, whichever is lower
Notice required: By the 15th week before the expected week of childbirth
Effective date: 6 April 2026

What employers must do

Update policies: Remove 26-week service requirement from paternity leave policies
New employees eligible: Employees can request paternity leave from their first day
Payroll impact: May need to process Statutory Paternity Pay for employees with less than 26 weeks' service
Hiring timing: Candidates hired close to a partner's due date immediately qualify

Statutory Paternity Pay eligibility

Note: While paternity leave is a day-one right, Statutory Paternity Pay still requires:

Average earnings at or above the Lower Earnings Limit (£129/week for 2026/27)
Correct notice given
Still employed at the time of birth/adoption

Paternity pay and leave (opens in a new tab)

Unpaid parental leave day-one right (ERA 2025)

Unpaid parental leave becomes a day-one right under ERA 2025, removing the 1-year service requirement.

From 6 April 2026, unpaid parental leave becomes a day-one employment right. Employees no longer need 1 year of continuous service to qualify.

Service requirement (from April 2026): NONE - Available from day one of employment
Previous service requirement: 1 year of continuous employment
Total entitlement: 18 weeks per child (unpaid)
Maximum per year: 4 weeks per child unless employer agrees otherwise
Minimum blocks: Taken in blocks of 1 week (unless employer agrees otherwise or child is disabled)
Available until: Child's 18th birthday
Effective date: 6 April 2026

What employers must do

Update policies: Remove 1-year service requirement from parental leave policies
New employees eligible: Employees can request unpaid parental leave from their first day
Record keeping: Track parental leave taken even for new employees
Continuity: Leave taken with a previous employer still counts towards the 18-week total

Key features (unchanged)

Unpaid: Parental leave remains unpaid (though some employers offer enhanced terms)
Per child: 18 weeks applies per child, not per job
Postponement: Employers can postpone leave for up to 6 months on business grounds (except when requested immediately after birth/adoption)
Notice: 21 days' notice required

Parental leave (opens in a new tab)

Bereavement leave start

When the new right is planned to begin.

Announced: 22 September 2026
Planned start: April 2027, rules not yet made
Rule-making power in force: 6 January 2026
Power to make rules: Section 80EA, Employment Rights Act 1996
Amended by: Section 18, Employment Rights Act 2025

Planned leave terms

As announced by the government.

Length: Up to 2 weeks
Pro rata to: Usual working pattern
Eligible from: First day of employment
Taken as: Single days or longer blocks
Window: 56 weeks from the death or learning of it
Notice, weeks 1 to 8: Before starting work that day, or soon after
Notice, after week 8: One week
Evidence: Not required
Pay required by law: None

Employer compliance checklist

Policy updates

Ensure there is no service requirement in your paternity leave policy
Ensure there is no service requirement in your parental leave policy
Make sure your bereavement policy covers parental bereavement leave as a day-one right
Plan policy changes for the wider bereavement and pregnancy loss leave expected from April 2027
Update employee handbook with current entitlements

HR systems

Update HR system to process leave requests from day-one employees
Configure paternity leave without service check
Configure parental leave without service check
Add parental bereavement leave as a leave type, and plan for wider bereavement leave

Payroll

Statutory Paternity Pay still requires LEL - configure accordingly
Parental leave remains unpaid (unless you offer enhanced terms)
The planned wider bereavement leave carries no pay required by law

Training

Brief managers on day-one eligibility
Train HR on processing requests from new employees
Ensure sensitive handling of bereavement requests

Practical considerations

Hiring impact

Because family leave is a day-one right:

Candidates can request paternity leave from their first day
New employees may immediately need parental leave
You cannot refuse to hire someone because they might need family leave

Record keeping

Track parental leave taken (18 weeks per child total, including with previous employers)
Request evidence of parental leave taken with previous employers
Maintain records for potential tribunal claims

Paternity pay and leave (opens in a new tab)

Parental leave (opens in a new tab)

Legal basis

Primary legislation and key regulations

Employment Rights Act 2025 Primary 2025 · UK-wide Employment Rights Act 1996 Primary 1996 · UK-wide Employment Rights Act 2025 (Parental and Paternity Leave) Regulations 2026 SI 2026 · UK-wide The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026 SI 2026 · UK-wide

Browse UK legislation legislation.gov.uk

Family leave: employer checklist

Day-one entitlements

Employer compliance checklist

Policy updates

HR systems

Payroll

Training

Practical considerations

Hiring impact

Record keeping

Legal basis

Next steps

File your first Self Assessment tax return

Manage your tax compliance

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