Employment law changes for April 2026: day-one rights and statutory sick pay

From 6 April 2026, changes under the Employment Rights Act 2025 remove the length of service requirements for paternity leave and unpaid parental leave, and widen entitlement to Statutory Sick Pay (SSP).

The direction of travel is clear: existing rights arise earlier, and SSP applies across a broader cohort. For employers, the key questions are when obligations arise and who falls within their scope.

Day-one rights: paternity leave and unpaid parental leave

Current position

Statutory paternity leave is available to employees with at least 26 weeks' of continuous service by the relevant qualifying week. Unpaid parental leave requires one year of service.

Those thresholds operate as a practical filter to eligibility: employees who commence employment near the time of birth or placement for adoption of a child may not meet the qualifying conditions.

Position from 6 April 2026

From April 2026, both statutory paternity leave and unpaid parental leave become available from the first day of employment.

The change relates only to the right to take leave. The qualifying conditions for statutory paternity pay remain separate and unchanged.

Employees may now give notice from day one. Transitional provisions apply in some cases, including shortened notice periods where the expected week of childbirth falls shortly after implementation. The previous bar on taking paternity leave following shared parental leave is also removed.

Removing service thresholds does not expand which rights exist; it changes when they bite. In practice, entitlement can arise immediately, including during probation.

For employers, the challenge is likely to be one of workforce planning and coordination, rather than volume. Earlier and potentially short-notice leave requests will require tighter workforce planning and communication.

Line managers are likely to be the first point of contact for day one leave requests. Training and guidance will therefore be important to ensure managers understand when rights arise, what notice is required, and when matters should be escalated to HR to ensure consistent and lawful handling.

SSP: day-one entitlement and wider eligibility

Current position

SSP is currently payable from the fourth qualifying day of sickness absence, with the first three days treated as waiting days. Eligibility also depends on a lower earnings threshold.

As a result, many short-term absences fall outside the scope of the regime, and some lower-paid workers do not qualify.

Position from 6 April 2026

From April 2026, SSP becomes payable from day one of sickness absence. The lower earnings limit will also be removed, extending coverage to more workers.

SSP will be paid at the statutory weekly rate (£123.25 from 6 April 2026) or 80% of average weekly earnings, whichever is lower.

These changes affect both timing and coverage.

Employers will face liability earlier, more frequently, and across a broader segment of the workforce. The cost impact is likely to be most pronounced for employers who provide SSP only; those already offering contractual sick pay from day one are unlikely to see a material change. In workplaces with high-levels of short-term absences, however, the aggregate cost impact may be significant.

Operationally, payroll systems will need to adjust to day-one SSP entitlement. The removal of waiting days may also lead to higher levels of short-term sickness absence in some organisations, with a corresponding need for those absence levels to be monitored and, where appropriate, steps taken to address any increase.

Whilst SSP will apply from the first day of absence, employers retain the ability to manage attendance through fair and proportionate absence management processes. Clear trigger points, return‑to‑work discussions and consistent record‑keeping will remain key to managing absence levels effectively.

Preparing for April 2026

These reforms do not introduce new categories of right, but they require updates to how existing ones are managed.

Day-one rights

Employers should review family leave policies to remove service-based eligibility criteria and reflect day-one entitlement to paternity leave and unpaid parental leave.

HR processes will need to accommodate leave requests arising at the outset of employment, including during probation. Notice requirements should be applied consistently from the outset of employment.

SSP

Sickness absence policies should be amended to remove waiting days and address the broader SSP scope.

Payroll systems and HR processes will need to be aligned to ensure that SSP is applied from the first day of absence, including in respect of short-term absences that may previously have fallen outside the statutory regime, and SSP is paid to employees who would previously have come below the lower earnings limit.

Collectively, these reforms bring forward the point at which employer responsibilities are triggered and broaden their operational scope. This necessitates a more prompt and consistent application of relevant policies and procedures, particularly during the initial stages of employment.