The Paternity Leave (Bereavement) Act 2024: key changes for employers and employees

The Paternity Leave (Bereavement) Act 2024 came into force on 29 December 2025. The Act introduces essential, though relatively limited, reforms to paternity leave rights where a child’s mother or primary adopter dies. 

What does the Act do?

The Act amends the Employment Rights Act 1996 to allow fathers or partners to take paternity leave immediately, without any qualifying service, when the mother or adopter of a child dies. 

Previously employees needed 26 weeks’ continuous service to qualify for paternity leave. The Act removes this requirement in bereavement cases, reflecting the need for urgent and compassionate support.

The Act also removes the previous restriction preventing paternity leave where shared parental leave (SPL) has already been taken, but only in circumstances where the mother or adopter of a child dies. Partners may now take paternity leave even after a period of SPL. 

Limited immediate impact, but major changes ahead

While the new rights are significant for those affected, they will only apply in a small number of cases. However, from 6 April this year, the right to take paternity leave will become a day one right for all fathers and partners. On the same date, the general rule that prevents partners from taking paternity leave after a period of SPL will also end. 

This means the bereavement‑specific changes introduced at the end of 2025 will soon be overtaken by broader reforms to paternity leave rights.

Future regulations

Under the Act, the government has the power to introduce further regulations. Although no timetable has been announced, the Act is expected to be supplemented in several important ways. The anticipated developments include:

• Allowing fathers and partners to take paternity leave where their partner and child have died.
• Allowing bereaved employees to work for their employer without ending their paternity leave entitlement; and
• Introducing extended redundancy protection for bereaved employees following a period of paternity leave. 

These changes aim to provide greater support and flexibility for bereaved employees, ensuring they have access to paternity leave during difficult circumstances without being restricted by previous eligibility conditions.

How can employers prepare?

Although the reforms apply in limited circumstances, we recommend that employers take the following practical steps to comply with this law: 

1. Review and update your family‑friendly policies: policies covering paternity leave, shared parental leave, bereavement leave, and adoption leave should reflect the new day‑one entitlement and removal of the SPL restriction in bereavement cases.
2. Train HR teams and line managers: managers should understand when the new rights apply, how employees may qualify, and what support is appropriate. Awareness is critical because these situations often require urgent, sensitive decision‑making; and
3. Prepare for further regulatory changes: employers should track developments relating to: extended leave periods; KIT day arrangements; redundancy protections; and the broader reforms expected under the Employment Rights Act 2025.

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