The Employment Rights Act 2025 amends the Employment Rights Act 1996 in relation to paternity leave with effect from 6 April 2026.
What do these changes to paternity leave mean?
- Paternity leave becomes a day-one right. Previously 26 weeks’ service with an employer was required to qualify for paternity leave
- There is no prohibition on taking paternity leave after SPL or shared parental pay.
How does the legislation change?
Section 16 of ERA 2025 amends sections 80A and 80B of ERA 1996 to remove the government’s power to make regulations setting a length of service requirement for paternity leave.
Section 17 of ERA 2025 makes another change to section 80A or ERA 1996 to remove the restriction on taking pat leave or receiving statutory paternity pay following a period of shared parental leave or shared parental pay.