The Paternity Leave (Bereavement) Act: What employers need to know about day-one paternity leave after loss 

When a partner dies during or shortly after childbirth, the surviving parent is left in a situation for which there is no real preparation. Alongside managing their grief, they must also suddenly take on sole responsibility for a newborn, often without the support they had expected to rely on, and at a point when day-to-day functioning can already feel difficult. 

Until recently, fathers and partners in this position faced an additional, quieter problem. If they had not been employed long enough to meet the usual service requirements for paternity leave, they could not access it at all. In practice, that often meant relying on a mix of short-term compassionate leave, sick leave or unpaid time off, none of which offered the continuity or protection associated with parenting leave. 

On 29 December 2025, that position changed. The introduction of the Paternity Leave (Bereavement) Act 2024 removed the length-of-service requirement for paternity leave where a child’s mother, adopter or intended adopter dies in connection with birth or placement. In those circumstances, statutory paternity leave can now be taken from the first day of employment. 

The change will apply rarely. That is precisely why it is easy to overlook. When it does arise, however, it addresses a genuine gap in protection. Employers who understand how the law now operates are far better placed to respond with clarity, consistency and appropriate sensitivity. 

Understanding how the law operates 

Paternity leave exists to provide protected time for a parent to care for a new child during the earliest and most demanding weeks. It is intended to support adjustment to a fundamental change in family life at a time when routine and stability are at their most crucial.  

When a mother or adopter dies in connection with birth or placement, that need does not disappear. The surviving parent still has a newborn requiring constant care, but is now managing that responsibility alone, while also dealing with bereavement and the practical consequences that follow it. 

Before the Paternity Leave (Bereavement) Act came into force, access to paternity leave in these circumstances could be blocked by technical eligibility rules. Most notably, employees who had not yet accrued sufficient service could be excluded entirely. The Act removes that barrier by disapplying the service requirement in defined bereavement cases. On paper, that is a small change. In practice, it is not. 

Significantly, it does not introduce a new form of leave. That matters because it means employers are not being asked to administer an unfamiliar entitlement, but rather to simply apply an existing one differently in a very specific set of circumstances.  

What has changed in practice 

Under the standard statutory framework, an employee must satisfy several conditions before qualifying for statutory paternity leave, including a minimum period of continuous employment. That service requirement no longer applies where the statutory bereavement conditions are met. 

The entitlement itself remains up to two weeks’ statutory paternity leave, and the existing flexibility around timing continues to apply. What has changed is the assumption that length of service can be used as a gatekeeper. In these bereavement cases, it cannot. 

From an employer’s perspective, this means that paternity leave may now arise in circumstances where length of service would previously have excluded it. 

Who qualifies 

Where the statutory bereavement conditions are met, the surviving father, partner or other qualifying parent will be entitled to statutory paternity leave, provided the remaining relationship and responsibility tests are satisfied. 

Those tests include having, or expecting to have, responsibility for the child’s upbringing, and being the child’s father or the spouse, civil partner or partner of the person who has died. In adoption and surrogacy cases, the focus is on the partner of the adopter or intended adopter. 

Family structures vary, and the statutory definitions need to be applied carefully. Requests should be assessed by reference to those definitions, but handled with discretion. An employee who meets the statutory criteria should not be refused leave simply because they are new to the organisation. 

Leave and pay are separate 

One of the most important practical points to understand is that entitlement to paternity leave and entitlement to statutory paternity pay remain distinct. 

The Paternity Leave (Bereavement) Act deals with leave entitlement only. It does not amend the eligibility criteria for Statutory Paternity Pay, which continue to depend on earnings and service thresholds. As a result, there will be situations in which an employee qualifies for paternity leave from day one, but does not qualify for statutory pay. 

In reality, this is often the point at which conversations become difficult, particularly where expectations have not been managed in advance. Clear explanations, given early and handled with care, are essential. Even then, those conversations are rarely straightforward. 

Where employers offer enhanced or contractual paternity pay, policies need to make clear whether those enhancements apply in bereavement cases and on what basis. A lack of clarity, or inconsistent decision-making, is likely to create problems later. 

Reviewing policies and preparing for requests 

Many paternity leave policies still assume that a service requirement applies universally. As  of 29 December 2025, that assumption is no longer accurate. Policies, staff handbooks and internal guidance need to reflect the exception for bereavement cases. 

Manager training matters too. These situations are rare, and many line managers will never have encountered one before. Clear guidance on when to escalate, how to apply the statutory tests, and how to balance procedural requirements with sensitivity can prevent errors. While it is reasonable to seek confirmation of eligibility, overly rigid processes risk appearing insensitive at a particularly difficult time. Proportionality is key. 

How this fits with other bereavement-related leave 

Parental bereavement leave provides time off following the death of a child, including stillbirth after 24 weeks of pregnancy. It does not apply where the person who has died is a parent. 

Where a mother or adopter dies around the time of birth or placement, the relevant statutory entitlement is therefore paternity leave as modified by the Paternity Leave (Bereavement) Act, rather than parental bereavement leave. 

Employees dealing with sudden loss may refer to “bereavement leave” without distinguishing between different statutory frameworks. Employers should be ready to explain which rights apply on the facts, and to consider whether other forms of leave, such as time off for dependants or contractual compassionate leave, should run alongside statutory paternity leave. 

Getting it right 

Mishandling a bereavement-related paternity leave request exposes employers to more than a technical breach of statutory rights. Employees are protected from detriment for exercising family leave entitlements, and missteps can escalate quickly into grievances or claims. 

These cases are also highly visible within organisations. How an employer responds will often be noticed well beyond the individual situation. 

A targeted change that matters 

The Paternity Leave (Bereavement) Act does not significantly expand paternity leave as a concept, but it does change the assumptions employers can safely make about eligibility. In defined bereavement cases, length of service can no longer be relied on as a default filter. 

For employers, the risk lies less in volume than in unfamiliarity. These cases will be rare, but when they arise, decisions often need to be made quickly and under pressure. Often without much warning. Preparation reduces legal risk, but it also reduces the likelihood of hesitation or misjudgement at a critical moment. 

Employers who have reviewed their policies, briefed managers and understood how paternity leave now operates in bereavement situations will be better equipped to respond with confidence and care. 

At Coodes, we advise employers on navigating sensitive family leave issues with legal precision and practical judgement. If you would like support reviewing your paternity leave policies, updating internal guidance, or handling a specific bereavement-related request, our employment team would be happy to assist.