All change for Working Parents: ERA 2025

This post breaks down the key changes introduced by the ERA 2025, specifically focusing on the Employment Rights Act 2025 parental leave provision covered in Sections 15, 16, and 17. Here, I cover the implementation timeline, the transitional rules you need to know, and what this shift means for both employers and the workforce.

The Big Shift: Day-One Rights for Parents

Historically, employees had to “earn” their right to take time off for childcare through months of service. The ERA 2025 dismantles these barriers, positioning parental care as a fundamental right rather than a tenure-based perk.

Unpaid Parental Leave Becomes a Day-One Right

Under Section 15 of the ERA 2025, the requirement for an employee to have one year of continuous employment to qualify for unpaid parental leave has been abolished.

Previously, a parent starting a new job would have to wait a whole year before they could take unpaid leave to look after their child’s welfare. Beginning 6 April 2026, this becomes a “day-one right.” This change acknowledges that childcare needs do not pause simply because a parent has changed employers.

Paternity Leave: No More 26-Week Wait

Similarly, Section 16 amends the Employment Rights Act 1996 to remove the 26-week qualifying period for paternity leave.

Under the old rules, fathers and partners were effectively locked into their current jobs during a partner’s pregnancy to ensure they qualified for leave. If they moved jobs within six months of the due date, they lost their entitlement to leave. The new legislation provides that fathers and partners can take paternity leave from their first day of employment.

Important Note: While the leave itself is now a day-one right, the legislation specifies that this applies to the leave entitlement. Statutory Paternity Pay (SPP) may still be subject to different qualifying criteria involving earnings and continuity of employment.

Flexibility After Shared Parental Leave

Section 17 introduces a technical but vital change regarding the interaction between Paternity Leave and Shared Parental Leave (SPL). Previously, restrictive rules prevented employees from taking paternity leave if they had already taken SPL or received statutory shared parental pay.

The ERA 2025 removes this restriction. This correction gives parents greater agency to structure their leave in a way that makes the most sense for their specific family dynamic, without fear of inadvertently forfeiting their rights due to complex bureaucratic rules.

By the Numbers: The Impact on Families and Business

The government’s shift toward immediate eligibility is expected to have a tangible impact on the workforce demographics.

Expanding Access

According to government estimates released with the legislation, these changes will open doors for a significant number of parents starting 6 April 2026:

• 32,000 additional fathers and partners will gain access to paternity leave annually.
• 1.5 million working parents will be able to access unpaid parental leave who previously would have been ineligible due to short tenure.

Balancing Costs and Benefits

The government’s impact assessment, published in October 2024, acknowledges that these freedoms come at a cost for businesses. The estimated cost to employers is around £24.7 million per year. These costs primarily stem from the administrative burden and reorganisation required to cover employees’ work while they are on leave.

However, the policy assumes that the non-monetary benefits outweigh the costs. A workforce that is less stressed about childcare is generally more motivated and loyal. By facilitating a better work-life balance. Over time, companies may find that the policy has positive benefits:

• Reduced absence rates (as parents can use planned leave rather than calling in sick for childcare emergencies).
• Increased retention rates, as parents feel supported rather than penalised for having families.

Critical Dates and Transitional Rules

April 6, 2026

Implementation Timeline

• 6 January 2026: The ERA PPL Regulations were passed by Parliament.
• 18 February 2026: Official guidance is expected to be published on GOV.UK.
• 18 February 2026: Provisions allowing employees to give advance notice for leave occurring after April 6 take effect.
• 6 April 2026: The day-one rights officially go live.

Transitional Provisions for Notice

To manage the crossover smoothly, Regulation 9 introduces a transitional policy for paternity leave. notice

Usually, notice must be given by the 15th week before the Expected Week of Childbirth (EWC). However, for parents who are newly eligible because the qualifying period has been scrapped, the notice period is shortened. If the EWC falls between 5 April 2026 and 25 July 2026, the employee only needs to give 28 days’ notice. This ensures that parents expecting babies shortly after the law changes aren’t disqualified on a technicality regarding notice periods.

Understanding the Fine Print: Who Qualifies?

The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc) (Consequential Amendments) Regulations 2026 sets out exactly who falls under the new rules.

The regulations apply to England, Scotland, and Wales. For HR professionals determining eligibility, the key factor is the Expected Week of Childbirth (EWC) or the date of adoption placement.

The new rules apply if:

• Birth Parents: The EWC is on or after 5 April 2026, or the child is actually born on or after 6 April 2026.
• Adoptive Parents: The child is placed for adoption on or after 6 April 2026.
• Overseas Adoption: The child enters Great Britain on or after 6 April 2026

There is a compassionate exception to these dates. If a child’s primary carer (such as the birth mother or adopter) dies, the 26-week qualifying period and shared parental leave restrictions are disapplied immediately from 18 February 2026, even for children born before the April cutoff.

The Bigger Picture: Broader Policy Reform

It is essential to view the ERA 2025 not as a standalone update but as one piece of a larger puzzle. These changes are part of the current government’s broader objective to reform the parental leave system fundamentally.

On 1 July 2025, the government launched a comprehensive review of parental leave and pay. This review, which includes a call for evidence, is slated to run for 18 months. The changes in the ERA 2025 are likely just the first wave of a long-term strategy to make the UK workplace more family-friendly.

Conclusion

The Employment Rights Act 2025 marks a pivotal shift in UK employment law. By removing the “time served” requirement for parental and paternity leave, the legislation recognises that the responsibility of caregiving begins the moment a child arrives, regardless of how long a parent has worked.

For employers, the coming months will require policy updates and preparation for the new notice periods beginning in February 2026. While there are administrative costs involved, the move promises a more equitable workplace where talent retention is driven by support and flexibility.

Families can look forward to April 2026 with the assurance that changing jobs to advance a career no longer means sacrificing the ability to be present for their children.

Next Steps for Employers

• Review your policies: Ensure your handbooks are updated to reflect day-one rights for paternity and parental leave.
• Update the new eligibility criteria.
• Train line managers: Managers need to know that they cannot reject leave requests based on length of service after 6 April 2026
• Watch for guidance: Keep an eye out for the official government guidance to be published on 18 February 2026.

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