New rights for families as Britain prepares for major changes to sensitive leave entitlements

The next tranche of provisions under the Employment Rights Act will take effect from 6 April 2026 and will have significant impact on workers’ entitlement to bereavement and paternity leave, among other things.

• Read more: Understanding what the Employment Rights Act means for you

Under the new legislation, employees will be entitled to bereavement leave from their first day on the job, including in circumstances of pregnancy loss before 24 weeks, ending the previous lack of protection for those circumstances

The entitlement provides a minimum of one week of unpaid leave, and workers have at least 56 days in which to take it, though the government notes these periods may be adjusted when regulations are finalised. The new right also includes safeguards against dismissal or negative treatment for taking bereavement leave.

Dr Anne Sammon, an employment law expert with Pinsent Masons, said British companies should start preparing now ahead of the new reforms taking effect.

“First, organisations should review and update all family‑related leave policies, ensuring they reflect new day‑one entitlements across bereavement, paternity, parental and bereaved partner paternity leave provisions,” she explained.

“HR teams and managers will need training on the expanded eligibility rules, including transitional notice period arrangements and new protections against unfair treatment."

"Clear and compassionate communication with employees will be essential, ensuring staff understand their new rights well before they come into effect."

The measures are designed to create a more compassionate and flexible framework for workers balancing family responsibilities and employment.

Northern Ireland has already brought its parental bereavement legislation into effect ahead of the forthcoming changes in England, Scotland and Wales.

The UK government launched a consultation which closed earlier this year looking at how bereavement leave and pregnancy loss leave should be accommodated, while trying to find a workable balance for employers of all sizes.

The ERA also makes paternity leave a day‑one right, removing long‑standing service‑based eligibility requirements, and applies to employed parents of babies due on or after 5 April 2026, babies born or adopted on or after 6 April 2026and children placed for adoption on or after 6 April 2026.

The qualifying period for statutory paternity pay, however, remains at 26 weeks’ service. Unpaid parental leave will also be a day-one right from 6 April 2026, with transitional rules for notice periods having also been introduced.

Restrictions preventing employees from taking paternity leave and paternity pay after shared parental leave and pay are also being removed from April.

Also being introduced is a new day‑one right to bereaved partner’s paternity leave (BPPL), allowing fathers and partners to take up to 52 weeks of leave following a child’s birth or placement for adoption when the child’s mother or primary caregiver dies.

Sammon added that employers should also start reviewing internal systems such as payroll, absence‑tracking and general HR systems to ensure they can administer the more flexible leave requirements and that a compassionate and sensitive approach is built in to any processes.