Paternity Leave When Bereaved

When a family suffers the unimaginable loss of a partner during childbirth or within a year of a child being born or adopted, the emotional and practical challenges can be overwhelming.

Two MPs tabled the proposal to introduce new law into the UK that would support the partners left behind in these circumstances.

We can only assume due to circumstances that actually happened in their own constituencies.

The Paternity Leave (Bereavement) Act 2024 offers statutory protection and support to the surviving parent or partner in these tragic circumstances.

Before this Act, fathers and non-birthing partners were often excluded from paternity rights simply because they had not been employed long enough, typically needing at least 26 weeks of service by a qualifying date to access paternity leave. This gap could leave grieving partners unable to take time from work to care for their child or begin grieving without the security of job protection.

The Paternity Leave (Bereavement) Act 2024 amends the Employment Rights Act 1996 to remove these barriers in cases where a child’s mother, or a person with whom the child is placed or expected to be placed for adoption, dies either in childbirth or within the first year after birth or adoption.

Under the new law, which came into force on 29 December 2025, the father or partner of the deceased parent gains the right to take statutory paternity leave regardless of how long they have been employed. This “day one” right means that bereaved partners no longer need the usual qualifying service to access this important leave.

The practical effect is clear: a surviving partner who is caring for their newborn or newly adopted child can take time off from work when it matters most, with the security that their employment is protected from the outset.

Importantly, this applies equally to same-sex partners and civil partners, and includes surrogacy and parental order scenarios by extending the definitions in the relevant paternity and adoption leave provisions.

While the core entitlement under the Act remains tied to the existing statutory paternity leave framework — traditionally up to two weeks’ leave, the legislation also provides the government with powers to make further regulations.

These could allow for additional flexibility, for example where both the mother and child die, or where extended leave is necessary to care for a surviving child.

Advocates and campaigners have also pushed for further reform to offer longer periods of support — potentially up to the child’s first birthday, recognising that two weeks’ leave may be insufficient in such circumstances. There are indications that future regulations, including those tied to broader employment law reforms expected in April 2026, will build on this foundation.

Of course, there’s nothing to stop employers offering compassionate leave in these circumstances.

To conclude the Paternity Leave (Bereavement) Act 2024 ensures that bereaved partners have immediate legal rights to paternity leave if their partner dies in childbirth or within a year of birth or adoption.

We will updating our Employee Handbooks to reflect these changes.

For non-retained clients, you can find out more information about parental leave from our policy on our shop