Most of the Act’s provisions in relation to family-related leave will take effect from 6 April 2026, but some won’t be implemented until 2027. In addition, a separate Act which gives additional rights to unpaid leave for bereaved partners is also being implemented from 6 April.
Paternity leave and parental leave become day one rights on 6 April
The qualifying periods for paternity leave will be removed if the birth or adoption happens on or after 6 April, or where the expected week of childbirth falls on or after 5 April. Parents will benefit from the day one right to take unpaid parental leave from 6 April onwards.
Transitional arrangements will abridge the required notice periods from 18 February onwards, to allow newly eligible parents to benefit from the new rights with effect from 6 April.
Extensive consequential amendments are being make to the underlying regulations to reflect these new rights. New Government guidance is expected on 18 February.
Paternity leave and shared parental leave from 6 April
The Act provides that from 6 April onwards paternity leave can be taken after shared parental leave. Currently it needs to be taken before shared parental leave begins.
New rights for bereaved partners from 6 April
The new regime for paternity leave has separate transitional provisions where the mother or primary adopter dies which will allow the bereaved partner to access these new day one rights from 18 February.
Additionally, bereaved partners will be entitled to new rights under the Paternity Leave (Bereavement) Act 2024, which is also being implemented on 6 April.
Under the 2024 Act (and associated regulations which have recently been published in draft) bereaved partners will be able to take an extended period of leave where the mother or primary adopter dies within a year of birth/adoption. This leave will in effect comprise the unused period of their late partner’s maternity or adoption leave.
This new leave, which will be called Bereaved Partner’s Paternity Leave, will be unpaid. There will be no qualifying period.
Additional bereavement leave rights planned for 2027
The new rights for bereaved partners need to be seen in the context of bereavement leave more generally.
Currently entitlement to two weeks’ statutory bereavement leave and pay is limited to the parents of a child who dies under the age of 18 and does not cover early pregnancy loss.
The Government proposes to introduce a new broader entitlement to at least one week’s unpaid bereavement leave which will be applied to a broader range of family bereavements. Consultation about the design of this new leave was launched in October 2025 and a response from the Government is awaited.
The Government plans to implement this new right at some point in 2027. It is believed that this will sit alongside the existing entitlement to parental bereavement leave and pay.
More information
A more detailed account of the Employment Rights Act measures discussed in this blog can be found in the Government’s fact sheet here.
More information about the Paternity Leave (Bereavement) Act 2024 is set out in the explanatory note to the associated regulations.
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