It’s a busy time for employment law changes, and whilst most of the focus is around the Employment Rights Act 2025 (ERA 2025) there is another change to have on your radar in relation to statutory paternity leave.
Whilst it will hopefully not be needed, be aware that now, where the mother or adopter of a child dies in childbirth or within a year of the birth or adoption, the father or partner of the mother or adopter won’t need to meet the usual minimum length of service requirement to be able to take statutory paternity leave. Furthermore, bereaved partners will also be able to take statutory paternity leave after a period of shared parental leave in relation to the same child, which isn’t currently permitted.
These niche changes will apply for a relatively short period as the ERA 2025 will make statutory paternity leave ‘a day one right’ for all employees, and allow any eligible new parent to take paternity leave after a period of shared parental leave. This is expected to take place in April 2026.
For now, it’s important that those with people management responsibilities in your business are aware of the change in the law to help your business act appropriately and sensitively should a bereaved partner wish to take paternity leave in circumstances where it would not previously have been possible. You may also wish to update your current paternity leave policy to reflect the change to the law in respect of bereaved partners, prior to the wider changes coming into force under the ERA 2025. If so, please get in touch for a Memo and an updated policy which covers this particular area.
Policy updates in relation to the ERA 2025 will be made available in due course.
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