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Employment United Kingdom For businesses

Paternity & Unpaid Parental Leave Day-One Rights Check

Check whether your policies and processes comply with day-one paternity leave and unpaid parental leave rights under the Employment Rights Act 2025.

Start free check 10 questions · 7 minutes · No signup
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Did you know? The numbers behind this check.

  • None (day one)Qualifying service now needed
  • 52 weeksWindow to take paternity leave
  • Up to 2 weeksPaternity leave per birth or adoption
  • 18 weeksUnpaid parental leave per child

Why this matters.

The Employment Rights Act 2025 removed the qualifying service requirements for paternity leave and unpaid parental leave, making both available from the first day of employment. Previously, employees needed 26 weeks’ service for paternity leave and a year for parental leave. Employers who still apply those old thresholds in handbooks, HR systems or manager guidance risk unlawfully refusing leave, which can lead to detriment and automatic unfair dismissal claims under the Employment Rights Act 1996 and the Paternity and Adoption Leave Regulations 2002.

Beyond eligibility, employers need to handle notice, evidence and pay correctly. Statutory Paternity Pay still has its own earnings and notice rules, and employees can take leave in separate blocks within the first 52 weeks. Employers must also avoid treating employees less favourably for taking or asking about leave, and keep records that show decisions were consistent. A short policy and process review now is far cheaper than a tribunal claim later.

Have these to hand.

  • Your current paternity, parental and family leave policies
  • The leave request form or process managers and HR use
  • Payroll set-up for Statutory Paternity Pay
  • A list of employees who have requested or taken family leave in the last 12 months

What you’ll get.

  • 1A score out of 100Where you stand today, at a glance.
  • 2Findings ranked by riskWhat could cost you, highest risk first.
  • 3A plan with timeframesWhat to fix first and by when.

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General guidance only, not legal advice. Consult a qualified solicitor or adviser in your jurisdiction for specific issues.