In this blog, we set out a number of family-related rights that are proposed by the Employment Rights Act (‘ERA 2025’). These are:
- Bereavement leave and pre-24 week pregnancy loss;
- Bereaved partner’s paternity leave;
- Parental leave;
- Paternity leave; and
- Pregnant Women and New Mothers.
Bereavement leave and pre-24 week pregnancy loss
At present, eligible employees can take two weeks’ parental bereavement leave where there is the death of a child under 18, or a stillbirth after 24 weeks of pregnancy.
The ERA 2025 would make bereavement leave a day-one right which means no qualifying service would be required. It also extends the concept into a more general “bereavement leave” right, with an entitlement of at least one week. Coverage will be widened by regulations and is expected to include pregnancy loss before 24 weeks.
For the first eight weeks after a bereavement, employees need to let their employer know before they’re due to start work on the day they want to take off or as soon as they reasonably can if that’s not possible. Once those first eight weeks have passed, they need to give a week’s notice before taking leave. There are no evidence requirements and no specific form of notice.
The measure is expected to commence in April 2027.
Bereaved partner’s paternity leave
The Paternity Leave (Bereavement) Act 2024 removed the 26-week service requirement for bereaved fathers/partners where the mother dies. In these circumstances, it also enables them up to 52 weeks’ leave in the child’s first year. There is no additional statutory paternity pay. This leave must be taken within 52 weeks of the child’s birth, adoption placement or entry to Great Britain for overseas adoptions.
The new right took effect from 6 April 2026.
Parental leave
From April 2026, employees are now eligible to take unpaid parental leave from day 1 of their employment.
Paternity leave
From April 2026, eligible employees are now able to take paternity leave from day 1 of their employment. The ERA 2025 also removed the previous bar on taking paternity leave (and claiming statutory paternity pay) after a period of shared parental leave and shared parental pay.
Following calls for statutory paternity pay to be made a day-one right, the Government has announced a review of parental leave and pay in Great Britain. This is expected to last 18 months before we are likely to see any changes. The Government have said this review will focus on ensuring that parental leave offers the best possible support to working families.
Pregnant Women and New Mothers
It is currently unlawful to dismiss or subject a pregnant woman to detriment because she is pregnant, because she has taken or tried to take maternity leave or any associated benefits, or because of pregnancy related illness.
Pregnant women and new mothers are also entitled to specific protections where they are at risk of redundancy, such as being put in a priority pool for suitable and alternative roles.
The ERA 2025 does not remove any of the above protections. In 2027, the ERA 2025 will implement further enhanced protections against dismissal for pregnant women and new mothers. This is set to include making it unlawful to dismiss a pregnant woman or new mother in the six-month period after the employee has returned to work, except in specified circumstances. The details of these circumstances and the processes that will need to be followed are not yet specified. The details will be set out in regulations by the Secretary of State and will follow Government consultation on the enhanced dismissal protections.
What do these changes mean?
The changes are expected to provide greater flexibility for employees to balance their personal and family lives with their work. A key aim seems to be promoting wellbeing in the workforce which, in turn, should benefit employers.
With new entitlements now in place and additional changes continuing to be rolled out into the near future, employers are encouraged to review their existing leave policies to ensure they are compliant with the law as and when it comes into force.
If you would like to discuss anything contained in this blog or help with reviewing your leave policies, please contact a member or the Employment team.
To find out what other aspects of employment law are affected by the Employment Rights Act, read our blog “The Employment Rights Act – When to expect change”.
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