Do these new parental leave rights apply to small businesses?

Yes. Statutory employment rights apply regardless of the size of the employer. Small and large businesses are equally required to comply with these changes.

Does an employee have to be paid during paternity leave?

Not necessarily. While the right to take leave is available from day one, statutory paternity pay still depends on eligibility criteria, including length of service.

Do employment contracts need to be rewritten because of these changes?

Usually not. Most contracts refer to statutory entitlements, which update automatically. However, employers should review policies and internal practices to ensure they reflect current law.

What is the main legal risk for employers following these changes?

The main risk arises from outdated policies or informal decision-making that does not reflect current legal entitlements. This can lead to disputes or claims if employees are incorrectly refused leave.

New parental leave rights from April 2026: How employers are now exposed

Q: Can an employee take paternity leave immediately after starting a job?

Yes. From April 2026, paternity leave is a day one right, meaning eligible employees can take leave from the start of their employment.

Sian Jarratt
4 days ago
4 min read

Recent changes to UK parental leave law have removed key qualifying periods, giving employees access to certain rights from their first day of employment. For employers, the legal risk lies less in the headline reform and more in how existing policies, management practices and internal assumptions now interact with the law.

What has changed and what has not

From April 2026, reforms introduced under the Employment Rights Act 2025 have altered the qualifying criteria for certain family-related rights.

Most notably:

Paternity leave is now a day one right
Unpaid parental leave is also available from the start of employment

Previously, both required a period of continuous service.

However, not everything has changed.

Statutory paternity pay still depends on eligibility criteria, including length of service
Other family-related rights remain broadly unchanged in structure

This creates a distinction that is easy to overlook.

Employees may now be entitled to take leave from day one, even where they are not entitled to be paid for it.

Why many employers are now unintentionally non-compliant

For many businesses, the issue is not a failure to understand the law, but a gap between the law and internal practice.

Employment documentation tends to evolve gradually. Policies are updated occasionally. Managers rely on what has worked before. Over time, this creates a misalignment.

The April 2026 changes bring that misalignment into focus.

Employers may now be relying on:

Outdated family leave policies
Template communications that no longer reflect the law
Managerial assumptions based on previous qualifying periods

None of these are unusual. All of them can now create legal risk.

Where legal risk is most likely to arise

The areas of exposure are often subtle and arise in everyday situations rather than formal disputes.

Outdated policies

Many employers still have written policies stating that paternity or parental leave is only available after a qualifying period. Where those policies are applied, an employee may be incorrectly refused leave. This can give rise to claims, particularly where the refusal is connected to pregnancy, childcare responsibilities or gender roles.

Confusion between leave and pay

The distinction between entitlement to leave and entitlement to pay is not always clearly understood.

An employee who does not qualify for statutory pay may still be entitled to take leave.

If the response given is simply that the employee is not entitled, the employer risks:

Misstating the legal position
Deterring the exercise of a statutory right
Creating the foundation for a dispute

Informal decision-making by managers

In many organisations, particularly those without a dedicated HR function, decisions are made informally.

A manager may:

Express hesitation about granting leave
Suggest that it is too early in employment
Ask the employee to delay

Even where well-intentioned, this can create difficulty and potential legal exposure.

Recruitment-stage sensitivities

The introduction of day one rights changes the practical dynamics of recruitment.

An employee may join a business already expecting a child and take leave shortly afterwards.

This is lawful.

Risk arises where an employer’s reaction influences decisions about hiring, role allocation or progression.

Do employment contracts need to change

In many cases, a full rewrite of employment contracts is not required.

Most contracts include wording such as:

You are entitled to statutory leave in accordance with current legislation.

This type of clause adapts automatically to legal change.

However, employers should review:

Family leave policies and handbooks
Internal guidance documents
Offer letters and onboarding materials
Template communications used by managers

The risk lies less in the contract itself and more in the wider framework within which it operates.

A more subtle issue: entitlement and behaviour

There is also a less visible dimension to these reforms.

The removal of qualifying periods increases access to rights. But access does not always translate into use.

Employees may be uncertain about:

Whether leave will be paid
How it will be perceived
Whether it may affect their position

At the same time, employers may assume that the existence of a right will lead to immediate uptake.

In practice, both sides are navigating uncertainty.

Practical steps employers should take now

Review and update family leave policies
Align messaging on leave and pay
Brief managers on how to respond to requests
Check recruitment and onboarding materials
Ensure consistency in how decisions are made and communicated

A structured and consistent approach reduces both legal and operational risk.

Discussing your situation

If you are reviewing your employment arrangements in light of recent changes, a structured review of policies, contracts and internal practices can help ensure that legal obligations are met in a practical and consistent way.

Eddison Cogan Lawyers advises employers on aligning legal requirements with day-to-day management decisions.

Frequently asked questions

Do these new rights apply to small businesses

Yes. Statutory employment rights apply regardless of employer size.

Can an employee take paternity leave immediately after starting a job

Yes. Paternity leave is now a day one right, subject to eligibility criteria.

Does the employee have to be paid

Not necessarily. Statutory paternity pay still depends on eligibility, including length of service.

Do employment contracts need to be rewritten

Not usually. However, policies and internal practices should be reviewed.

What is the main risk for employers

The greatest risk often arises from outdated policies or informal decision-making that does not reflect current legal entitlements.

About the author

Sian Jarratt

Employer Advisor, Eddison Cogan Lawyers

Sian advises on employment law matters affecting both employers and individuals, with a focus on practical, commercially grounded solutions. She supports clients in navigating workplace issues with clarity, consistency and a careful understanding of legal risk.

This article is intended to provide general information about changes to employment law in England and Wales as at April 2026. It does not constitute legal advice and should not be relied upon as such. Legal obligations and entitlements may vary depending on the specific circumstances. If you require advice on your situation, you should seek independent legal guidance. Reading this article does not create a solicitor-client relationship.