Brachers Bitesize: Employment Rights Bill update – Family leave

In the September 2025 edition of the Brachers Bitesize webinar series, employment law experts Abigail Brightwell and Monikar Cheema unpacked the latest developments in the Employment Rights Bill, with a focus on family leave entitlements. This concise session offered HR professionals, business leaders, and legal advisors practical guidance on how the evolving legislation will impact workplace policies and compliance.

Key Employment Rights Bill updates

1. Current family leave entitlements

Statutory Leave Types

• Maternity Leave: Up to 52 weeks (26 weeks Ordinary Maternity Leave + 26 weeks Additional Maternity Leave), with Statutory Maternity Pay (SMP) for up to 39 weeks.
• Paternity Leave: Up to 2 weeks, with Statutory Paternity Pay (SPP).
• Adoption Leave: Up to 52 weeks, with Statutory Adoption Pay (SAP).
• Shared Parental Leave (SPL): Up to 50 weeks leave and 37 weeks pay, shared between parents.
• Parental Leave (Unpaid): Up to 18 weeks per child, taken in blocks.
• Neonatal Care Leave: Up to 12 weeks leave for babies in neonatal care, effective from April 2025.
• Parental Bereavement Leave: 1–2 weeks leave following the death of a child or stillbirth after 24 weeks.

2. Employment Rights Bill: Key changes

Effective April 2026

• Paternity Leave: Becomes a day-one right (no 26-week service requirement).
• Parental Leave: Also becomes a day-one right (no 1-year service requirement).

Planned for 2027 (Post Consultation)

• Bereavement Leave Expansion:
  • Covers miscarriage, ectopic pregnancy, and IVF loss.
  • One week unpaid leave per bereavement (non-child losses).
  • Statutory pay remains only for child deaths.
• Maternity Dismissals:
  • Unlawful to dismiss pregnant women or new mothers (up to 6 months post-return) except in specific cases.
  • May extend protections to other types of family leave.

3. Government review of parental leave and pay

• Launched July 2025, with an 18-month timeline.
• Aims to:
  • Modernise the parental leave system.
  • Expand evidence base and explore international models.
  • Identify cost-effective reforms.
• Employer Recommendations:
  • Stay informed on ERB developments.
  • Review uptake of paternity and SPL.
  • Monitor flexible working and retention of new parents.

For more detailed insights, watch the full webinar recording below.

Download the webinar slides.

View the webinar in full below:

Disclaimer: The content of the webinar is for guidance purposes only and does not constitute legal advice. Information correct at time of recording on 16 September 2025.

Further support

If you require any further guidance or support on the issues covered in this article, please get in touch with our Employment team today.

This content is correct at time of publication