What is the current situation?

Parents are entitled to statutory maternity leave, paternity leave, shared parental leave, adoption leave and unpaid parental leave to care for their children. At present, statutory paternity leave is only available to employees who have completed 26 weeks’ continuous employment, while unpaid parental leave requires one year’s service.

Since April 2025, parents whose babies require neonatal care following birth may also be eligible to take statutory neonatal care leave.

Employees on certain types of statutory family leave benefit from enhanced protection in a redundancy situation. This means they are entitled to be offered any suitable available vacancy before it is offered to other employees. These preferential rights currently apply to employees on maternity leave, adoption leave, shared parental leave, neonatal care leave, pregnant employees, and those who have recently returned from maternity or adoption leave, and in some cases from shared parental or neonatal care leave.

There is currently no general statutory right to bereavement leave, other than parental bereavement leave. This applies where a child dies under the age of 18, or is stillborn after 24 weeks of pregnancy.

Employees also have the right to request flexible working arrangements, including remote working, job-sharing and compressed hours. (These rights are being strengthened under the Employment Rights Act, see separate guidance from Bhayani Law.)

So what’s changing and when?

The Employment Rights Act will introduce a number of significant changes designed to better support working families.

Extended protection from dismissal

Protection will be extended beyond redundancy to cover other types of dismissal for pregnant employees and those on, or returning from, maternity leave, and potentially other forms of family leave. The Act itself provides limited detail on how this protection will operate.

A Government consultation, closing on 15 January 2026, is seeking views on a range of issues, including:

• the circumstances in which it should still be possible to fairly dismiss a pregnant employee or new mother

• when the enhanced protections should begin and end

• any potential unintended consequences and how these might be mitigated

• how to ensure awareness of the extended rights

• how best to support businesses through the changes

• further steps to address workplace disadvantage linked to pregnancy and maternity

• whether similar protections should apply to other types of family leave

Day-one rights to paternity leave and unpaid parental leave

Statutory paternity leave and unpaid parental leave will become available from the first day of employment, removing the current qualifying service requirements.

The Act will also remove the rule requiring paternity leave to be taken before shared parental leave (or otherwise be lost), giving employees greater flexibility when choosing which type of leave to take.

A new statutory right to bereavement leave

Employees will gain a statutory right to at least one week of unpaid bereavement leave following the death of a loved one.

Bereavement leave following miscarriage

Parents who experience a miscarriage before 24 weeks of pregnancy will also be entitled to unpaid bereavement leave.

A further Government consultation, closing on 15 January 2026, is seeking views on the detail of the bereavement leave rights (including miscarriage-related leave), covering:

• eligibility criteria and which relationships will qualify

• when and how bereavement leave may be taken

• notice and evidence requirements

Implementation timeline

The Government intends to introduce these measures on a phased basis:

• April 2026 – Day-one rights to statutory paternity leave and unpaid parental leave

• 2027 – Extended dismissal protections and the new statutory right to bereavement leave

What you need to do

While some detail is still subject to consultation and regulations, employers can begin preparing now:

• Review and update family leave policies as and when the changes take effect

• Brief and train managers on how the new rights will apply in practice, ensuring they have clear and up-to-date guidance

How Bhayani Law can help you

Whether you already work with us or are considering our support for the first time, we can help you plan for these legislative changes and protect your organisation from compliance risks.

Already working with Bhayani Law?

You will receive regular updates from us as new laws are introduced, so you can remain compliant.

We offer detailed HR and employment law resources, including template policies and letters covering family leave, on our Watertight HR Hub.

If you have questions or need advice, your dedicated advisor can assist with reviewing and updating policies, as well as advising on complex cases.

Our HR and legal team can also provide hands-on project support to ensure your organisation is ready for the changes.

New to Bhayani Law?

You do not have to prepare for these reforms alone. Whether you need one-off guidance or ongoing HR and legal support, we offer tailored services to suit your needs and help your business stay compliant.