What changed in April 2026
Paternity leave and unpaid parental leave used to require a qualifying period. Paternity needed twenty-six weeks' service. Unpaid parental leave needed a year. Both of those are gone.
From 6 April 2026 they are day one rights. Someone who started on Monday can give notice for paternity leave.
The restriction that stopped someone taking paternity leave after shared parental leave has also been removed, so paternity leave stays available either way.
Open your handbook and search for twenty-six weeks and one year. If either appears next to family leave, it is out of date.
Why this is the riskiest area in employment law
Pregnancy and maternity discrimination needs no length of service at all, and never has. Neither does sex discrimination. Awards are uncapped.
So while everyone is worrying about the two years dropping to six months in January, this is the area that has always been wide open, and most owners have no idea.
It is also the area where people get it wrong through kindness rather than malice. Not offering someone a stretching project because you assume they will not want it. Leaving someone off an email chain to spare them. Restructuring while someone is away because it feels like the tidiest moment. All of those are the sort of thing that ends up in a tribunal bundle.
More protection is coming in 2027
There is a further change on the way. Regulations are expected to strengthen protection against dismissal for pregnant employees and those on or returning from maternity leave.
The detail is not final at the time of writing, and the commencement date has not been confirmed, so it would be wrong to be more specific than that.
What is clear is the direction of travel. If your instinct when someone announces a pregnancy is to start thinking about how the role might change, that instinct is going to get more expensive.
The mistakes I see most often
Treating a redundancy as a normal redundancy when the person is pregnant or on maternity leave. There are specific protections here and getting the order of things wrong is expensive.
Failing to consult properly with someone who is away. Being on leave does not remove them from a process, and forgetting to include them is not a kindness.
Assuming that because someone is new they have no rights. On family leave, they do, from day one.
And handling a request badly because you were caught off guard. A short, calm conversation and a written confirmation solves most of it.
If someone has announced a pregnancy and you are also planning a restructure, get advice before you do anything at all. The order matters enormously.
What to do this week
Update the handbook so the qualifying periods are gone. Tell your managers, because they are the ones who will be asked first. And make sure whoever handles your payroll knows the leave rules have changed, even though the pay rules are separate.
Then think about your instinct rather than your policy. Most claims in this area do not come from a policy failure. They come from a well-meaning decision made quickly, by someone who thought they were being helpful.
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Frequently asked questions
Does someone who started last week get paternity leave?
Yes. Since 6 April 2026 it is a day one right. The twenty-six week qualifying period no longer applies.
Can I make someone redundant while they are on maternity leave?
There are specific protections that apply here, and the order in which you do things matters a great deal. This is one to take advice on before you start, not after.
Do I have to keep someone on maternity leave in the loop about changes?
Yes. Being on leave does not remove someone from a consultation or a process. Leaving them out to be kind is one of the most common and most costly mistakes.
Has the pay changed as well as the leave?
The leave entitlements and the statutory pay rules are separate. This article covers the leave changes. Check the current statutory rates with your payroll provider, as they are reviewed each April.
Key takeaways
- Since 6 April 2026 maternity, paternity and unpaid parental leave are day one rights
- The old twenty-six week and one year qualifying periods are gone
- Pregnancy and maternity discrimination has never needed any service, and is uncapped
- Further protection against dismissal is expected in 2027, detail not yet final
- Most claims here come from kindness handled clumsily, not from bad intent
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