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Sick pay and family leave reforms from 6 April 2026: what you need to know

  • 4 days ago
  • 3 min read
Employment Rights Act 2025
Employment Rights Act 2025

Author: Selin Olken


The first provisions of the Employment Rights Act 2025 came into force on 6 April 2026, introducing significant changes to Statutory Sick Pay (SSP) and family-related leave.


The reforms expand access to SSP, make paternity leave and unpaid parental leave available from the first day of employment, and introduce a new entitlement to Bereaved Partner's Leave. Employers should review their policies, contracts and payroll arrangements to reflect the new statutory position.


What's changed?


  • Statutory Sick Pay (SSP)

From 6 April 2026, Statutory Sick Pay is payable from the first qualifying day of sickness. The previous three waiting days have been removed.


The Lower Earnings Limit has also been abolished for SSP purposes, extending entitlement to many lower-paid workers who were previously excluded. Eligible employees whose earnings fall below the former threshold are entitled to receive SSP at the applicable statutory rate.


  • Paternity leave

Eligible employees are now entitled to take statutory paternity leave from the first day of employment. The previous requirement for 26 weeks' continuous service has been removed.


The qualifying conditions for Statutory Paternity Pay have not changed. Employees must still satisfy the statutory eligibility requirements, including the continuous service requirement, before becoming entitled to statutory pay.


  • Unpaid parental leave

Unpaid parental leave is also available from the first day of employment. Employees are no longer required to complete 26 weeks' continuous service before exercising this right.


  • Bereaved Partner's Leave

The Employment Rights Act 2025 introduces a new entitlement to Bereaved Partner's Leave.


Where the child's mother or primary adopter dies, the surviving partner may take up to 52 weeks' unpaid leave to care for the child. This entitlement is available from the first day of employment.


  • Statutory family pay

From 6 April 2026, the weekly rates of Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay increased to £194.32 per week, or 90% of average weekly earnings where that amount is lower.


The existing eligibility requirements for these payments remain unchanged.


Practical considerations for employers

Employers should review existing sickness absence and family leave policies, employment contracts, staff handbooks and payroll processes in light of the new statutory requirements.


Particular attention should be given to:


  • removing outdated qualifying service requirements for paternity leave and unpaid parental leave;

  • applying Statutory Sick Pay from the first qualifying day of sickness;

  • updating payroll systems to reflect the revised statutory payment rates;

  • maintaining appropriate records of sickness absence and family leave; and

  • ensuring that managers and HR personnel understand the revised statutory rights and eligibility requirements.


Consequences of non-compliance

Employers that continue to apply outdated eligibility criteria or fail to provide statutory entitlements may face employee grievances, Employment Tribunal proceedings and, where applicable, regulatory enforcement.


Early review of employment documentation and workplace procedures will help minimise legal risk and support ongoing compliance.


The April 2026 reforms represent the first phase of the Government's wider programme of employment law reform. Employers should take the opportunity to review their existing policies and practices so that statutory rights are correctly reflected across contracts, handbooks, payroll systems and day-to-day HR processes.


What employees should know

The changes introduced on 6 April 2026 expand access to several statutory employment rights.

Eligible employees are now entitled to Statutory Sick Pay from the first day of sickness, and the removal of the Lower Earnings Limit means that many lower-paid workers who were previously excluded are now covered.


Paternity leave and unpaid parental leave are also available from the first day of employment. However, the eligibility requirements for Statutory Paternity Pay remain unchanged, including the requirement for 26 weeks' continuous service.


If an employee believes that a statutory entitlement has been incorrectly refused, the matter should be raised with the employer in the first instance. If it cannot be resolved internally, employees may seek early conciliation through ACAS before bringing a claim before the Employment Tribunal.


If you have any questions about these changes or require advice on reviewing your employment contracts, policies or HR procedures, please get in touch with us.



This article is intended as commentary only and does not constitute legal advice.

 
 

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