The Employment Rights Act 2025 (ERA 2025) introduces the biggest overhaul of our employment laws in a generation. Father’s Day is on the horizon – so does that include changes for dads and father‑figures, who, many argue, have been pushed to the sidelines to date? Well yes, the ERA brings good news, including earlier access to time off, broader inclusion of who counts as a “parent”, and clearer protection when work and family life collide.
Let’s start with the basics – when do I qualify for paternity leave?
Paternity leave became a day one right under the ERA 2025. It was one of the earliest changes introduced by the Act, becoming effective in April this year. Paternity leave is now available from your first day in a new job. That means you no longer lose out on the opportunity to spend some of those early weeks at home just because you recently moved jobs or took a career break. Statutory paternity pay isn’t a day one entitlement and is subject to earnings and employment continuity tests, but the basic right to take the leave is a day-one right. And many employers enhance statutory pay entitlements, especially around family leave, so it’s worth checking your employer’s policy or handbook.
Can I take paternity leave after Shared Parental Leave?
You can now. Coordinating maternity, paternity and shared parental leave entitlements as a couple is notoriously complex and confusing. Fathers often lost out on leave because they didn’t realise that paternity leave wasn’t available after a period of shared parental leave. However, families can now mix and match shared parental leave and paternity leave in a way that suits real life — a very welcome change, if plans change once the baby arrives.
Is unpaid parental leave also a day one right now?
It is, as of April this year. The Act removes the previous one‑year service hurdle for unpaid parental leave. The core scheme stays the same (up to 18 weeks’ unpaid leave per child up to age 18, usually capped at four weeks per year unless your employer agrees more). But crucially, you don’t have to wait a year in a new job to start using it.
I’m a step‑dad or partner — do I qualify?
Often, yes. The law looks at whether you’re a parent or have (or expect to have) parental responsibility — a test that can include step‑parents, partners and other primary carers. Always check the specific rules for the leave type you want to use, but the direction of travel is more inclusive.
Are there other types of leave that fathers and partners can take?
Very much so. Neonatal care leave is a relatively new entitlement of up to 12 weeks’ leave where a baby needs hospital care within 28 days of birth. It’s a day‑one right to the leave itself, with statutory neonatal care pay available if you meet the pay and continuity tests. It sits alongside paternity, maternity and shared parental leave — not instead of them — giving extra time when it’s most needed.
Also, bereaved partner's paternity leave allows eligible working fathers and partners up to 52 weeks of statutory leave to care for their child if the mother, primary adopter, or main intended parent dies within the first year of the child's life or adoption. This leave provides practical and emotional support for grieving fathers and partners and removes the threat of immediate job loss, where a father or partner would otherwise have to choose between their career and being the sole primary caregiver for a new born or newly adopted child.
What about protection if things go wrong at work?
The ERA 2025 strengthens the framework around dismissals linked to family leave, paving the way for regulations that address dismissal during or shortly after “protected periods” related to family leave. The hope is that there will soon be better protection around dismissing someone on or recently returned from family leave – fathers and partners included.
Also, it’s important to note that the qualifying period for ordinary unfair dismissal protection is set to drop from two years to six months for dismissals from 1 January 2027. That widens protection for newer employees, which matters if you’ve recently changed jobs and need to use family related rights.
Can I actually use leave around Father’s Day?
Yes — and planning helps. Notice rules for paternity and unpaid parental leave have been updated, and there were temporary arrangements during rollout. If you’re aiming to be off for Father’s Day or a school event near it, give notice early, check the latest government pages, and keep an eye on any employer specific forms or deadlines.
What should employers and HR do before Father’s Day?
- Update policies to reflect new day one eligibility rights and the ability to take paternity leave after shared parental leave.
- Refresh manager guidance so conversations are supportive and timely.
- Signpost neonatal and bereavement leave entitlements early in any difficult situations, so families aren’t juggling paperwork as well as emotions.
Key takeaways for dads and father figures
For Father’s Day and beyond, the ERA 2025 makes it easier to be there — not just for the big firsts, but for the difficult times too. The Act widens who counts as a parent, brings key leave rights forward to day one, and builds firmer protections when you take that time. Check your employer’s policy, give notice in good time, and use the new flexibility to shape leave around what your family actually needs.
