A new bereavement leave rule is now in force for millions of workers in the UK. Under the Labour Party government, from April, a rule change introduces changes for paternity leave in cases where a child’s mother or other adopter dies.
This change followed a successful campaign by a father who was unable to take paternity leave after the death of his wife during childbirth, because he did not satisfy the eligibility criteria for such leave.
The rule change means that where a child’s mother or adopter dies, there is no requirement for an employee to have at least six months’ service to be eligible to take statutory paternity leave.
It also allows for paternity leave to be taken where that father or partner has already taken shared parental leave.
These changes will only be relevant for a limited period because in the meantime the government has passed the Employment Rights Act (ERA) 2025, which removes the requirement to have six months’ service to take statutory paternity leave for all employees, bereaved or not. It also removes the current restriction on taking paternity leave where a father or partner has already taken shared parental leave.
Parfitt Cresswell explained: "Until now, there was no specific statutory framework to deal with this situation. Employees relied on discretionary compassionate leave or ad hoc arrangements agreed with their employers, which created legal uncertainty and inconsistency."
"From April 2026, this is no longer optional. Employers must understand and apply the new right correctly, or risk potential employment tribunal claims relating to unfair dismissal, detriment or discrimination."
It is also worth noting that Bereaved Partner’s Paternity Leave (BPPL) only marks the minimum statutory requirement for applicable bereavement leave. Individual employers may still choose to provide some or all of this time as paid leave, or make other arrangements to support the affected employee.
BPPL allows an eligible employee to take up to 52 weeks’ unpaid leave if their child’s mother, primary adopter, or main intended parent (in a surrogacy arrangement) dies within the first year of the child’s life or adoption.
