Paternity leave is a statutory entitlement that allows eligible fathers and partners to take either one or two weeks’ leave following the birth or adoption of a child. The leave must be taken within 52 weeks of the child’s birth or placement for adoption, and is designed to support parents at a critical time for family bonding and adjustment.

Under the current rules, paternity leave is not a day one right. To qualify, an individual must be an employee, give the correct notice, and have been continuously employed by their employer for at least 26 weeks by any day in the “qualifying week”. For birth parents, the qualifying week is the 15th week before the baby is due, although different rules apply in adoption cases. In addition, until now, employees have generally been prevented from taking paternity leave if they have already taken shared parental leave.

From 6 April 2026, the Employment Rights Act 2025 will significantly reform this area by making paternity leave a day one right and allowing employees to take paternity leave even where they have already taken shared parental leave. However, ahead of those wider changes, the Paternity Leave (Bereavement) Act 2024 introduces a targeted and earlier reform for bereaved partners.

With effect from 29 December 2025, the Act removes the 26-week qualifying period where a father or partner’s spouse or partner dies in childbirth, or within the first year following birth or adoption. In these tragic circumstances, the employee will also be entitled to take paternity leave even if they have already taken shared parental leave.

Although this position will ultimately be overtaken by the ERA 2025 reforms in April 2026, until then, bereaved partners sit in a distinct legal category. The change reflects a recognition that, in cases of bereavement, access to paternity leave should not depend on length of service or technical eligibility requirements.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

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