Paternity Leave (Bereavement) Act: Key changes for employers

New day one rights under Bereavement Paternity Leave

While the news about the Employment Rights Act 2025 passing was breaking at the end of last year, the government brought the first regulations of the Paternity Leave (Bereavement) Act 2024 into force on 29th December 2025. This means that bereaved fathers or partners of a mother or adopter who dies in childbirth or within one year of birth or adoption no longer need to have qualifying service to take paternity leave. They now have a day one right to take that paternity leave. They can also take paternity leave even if they have already taken a period of shared parental leave.

Paternity Leave changes under the Employment Rights Act 2025

These rights will only apply to a small number of cases for now. However, under the Employment Rights Act 2025, all fathers or partners will be entitled to take paternity leave from day one of employment, and to take paternity leave after a period of shared parental leave, from 6th April 2026. Transitional arrangements will temporarily shorten the notice period employees need to give you, to ensure that those who become eligible can take their entitlement from 6th April. So, notices of intention to take paternity leave using this new day one right can be given to you from 18th February onwards.

Bereaved Partner’s Paternity Leave (BPPL)

The Bereaved Partner’s Paternity Leave Regulations 2026 is the second set of regulations under the Paternity Leave (Bereavement) Act. It is currently waiting for approval by Parliament, but we expect it to pass shortly and be in force from 6th April. Under these rules, if a child’s primary carer dies within a year of birth or adoption, the bereaved father or partner will be able to take unpaid bereaved partner’s paternity leave (BPPL) of up to 52 weeks to care for the child. Leave can only be taken in the eligibility period, which is the 12 months following the birth or adoption. The leave must be taken as one single period, and the notice employees must give you varies depending on how soon after the bereavement the leave will start. If the child also dies, employees can take, or remain, on BPPL for up to 8 weeks. Employees will be entitled to up to 10 working or keeping in touch (KIT) days and will have similar employment protections to other types of family leave. Those who are dismissed in relation to taking BPPL, considering taking BPPL, or because their employer thought they might take the leave will be unfairly dismissed. These changes bring new rights to those affected by a bereavement, so look out for confirmation that BPPL has been formally approved by Parliament.

Next steps for employers under the Paternity Leave (Bereavement) Act

• Update your family leave policies to reflect the new rules.
• Draft a bereaved partner’s paternity leave policy. If you decide to provide a more generous contractual policy than the statutory BPPL provision, your employees will be able to take the more beneficial allowance, but not both, so ensure that is clear in your policy.
• Communicate the changes to your managers and ensure they understand the notifications they may receive from employees.

If you have any questions about this article or would like us to assist you with policies or manager training please get in touch.