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Inside the Employment Rights Act: what parents and carers need to know 

Published: 13 Mar 2026

The Employment Rights Act is bringing in some big changes designed to give more flexibility, greater protections and workplace rights. In this series, we look at the legislation and what it might mean for your family, starting with the changes coming into effect on 6 April 2026. 

Bereaved Partners Leave 

If the mother or primary carer of your child dies within the first year after birth or adoption (on or after 6 April 2026), you will be entitled to take up to 52 weeks of unpaid leave. 

This means you can take time away from work to care for your child and look after your own needs without worrying about losing your job. 

You should: 

  • Speak to your employer as soon as you feel able 
  • Check your contract or staff handbook to see if your employer offers enhanced (above statutory) pay 

Paternity Leave 

You will be able to take paternity leave from your first day in a new job – you no longer need to work for 26 weeks to qualify for leave. In addition, you can take paternity leave after shared parental leave.  

But remember: 

  • You will need to give 15 weeks notice if you are with your employer, or notify them if you are joining within 15 weeks of the due date.  
  • For parents who have a due date between 5 April and 25 July 2026, there is a temporary notice period of 28 days instead of the usual 15 weeks. Parents who were already eligible for paternity leave before 6 April 2026 must give the usual 15 weeks’ notice. 
  • To receive statutory paternity pay, you still need 26 weeks’ service before the qualifying week and meet the earnings threshold. 

Unpaid Parental Leave 

You will be entitled to unpaid parental leave as soon as you start a job – no minimum service required.  

You may find this useful if: 

  • Your child is unwell 
  • You need to settle them into childcare or school 
  • You want additional time beyond paid leave to look after children, for example, during the school holidays. 

Check your employer’s policy for how much notice you need to give and how the leave can be taken, for example, in blocks or individual days. 

Equality Action Plans 

Large employers (those with over 250 employees) will be asked to publish plans explaining how they intend to: 

  • Reduce the gender pay gap 
  • Support employees experiencing menopause 

This will hopefully lead to improved transparency and workplace support for women. The plans are voluntary in 2026 but will become mandatory in 2027. 

Fair Work Agency 

There will be a stronger enforcement of workplace rights with a new Fair Work Agency that will bring together the enforcement of: 

  • Sick pay 
  • Minimum wage 
  • Holiday pay 
  • Agency worker rights 

If you feel your employer is breaching your rights or you’re being underpaid, you can receive guidance or make a report non-compliance to the Fair Work Agency, who will try and resolve issues and take legal action if necessary.  

Statutory Sick Pay  

If you’re sick you will be paid Statutory sick pay (SSP) from the first day of illness, instead of the fourth day. There will be no lower earnings limit, meaning you are entitled to claim SSP, regardless of what you earn.  

Check your employer contract or handbook for enhanced (above statutory) pay. 

Collective redundancy protective award 

If your employer doesn’t correctly consult employees in a collective redundancy process, your maximum ‘protective award’ will double from 90 days to 180 days pay. 

How to make the most of these changes 

  • Check your staff handbook or intranet for policy updates. 
  • Speak to HR or your line manager if you’re planning to take leave. 
  • Ask whether your employer offers enhanced (above statutory) leave or pay. 
  • Keep a note of key dates, such as your qualifying week for paternity pay. 
  • Visit our advice pages if you’re not sure of your rights. 

What you might notice at work  

As these changes come in, you may see: 

  • Updated parental leave policies 
  • New guidance for managers 
  • Internal communications about rights and support 
  • Employee surveys or consultations 

If your employer asks for feedback, consider sharing your experience – it can help shape policies so that they work better for families.