Paternity Leave (Bereavement) Act 2024

This Act was given Royal Assent in May 2024 and is set to be implemented in the near future. No date has yet been given for implementation, however.

The Act aims to close a legislative gap for expectant fathers and partners, who can be faced with no automatic right to paternity leave following the death of a partner. Currently statutory paternity leave lasts up to two weeks, with eligibility criteria which includes a requirement of continuous employment for 26 weeks prior to either the 26th week of pregnancy/surrogacy or the moment adopting parents are matched with a child.

The Act will make paternity leave a ‘day one’ right by dispensing with the length of service eligibility criteria. For situations where both the mother and child pass away, the act provides that the bereaved partner will still be allowed to take their paternity leave entitlement even where it is not being used for child or maternal care.

In addition, it also supports partners who have already taken shared parental leave. If they have done, and the mother of their child passes away, they will still be eligible to take leave.

To complement the leave entitlements, the new act creates a statutory foundation for the bereaved partner to take “keeping in touch days” which will not impact their return to work dates.

The tragic circumstances the act addresses are relatively rare, and most employers already adopt a pragmatic, sensitive approach to support affected employees. The Act is a step in the right direction for ensuring those who at present fall through the gap are protected.