Everything you need to know about the Paternity Leave (Bereavement) Act and forthcoming legislation

If you employ staff and any of your team are expecting a baby or adopting a child, there have been important changes to family leave rights over the last year that you need to be aware of. Some of these updates are already in place, while others are on the way. Here’s a simple guide to what’s changed and what’s coming.

As of April 2024, the rules around statutory paternity leave have been updated. These apply to employees whose baby is due (or placed for adoption) on or after 6 April 2024.

The key changes are:

Employees can now split their paternity leave into two separate one-week blocks instead of taking one or two weeks off all at once. They can also take this leave at any point in the first year after the birth or adoption, rather than just within the first eight weeks. Notice periods have been shortened; employees now only need to give 28 days' notice before each period of leave, which makes it easier to plan around family needs. They also have the flexibility to change the dates if needed, as long as they provide 28 days’ notice.

These updates mean employers should prepare for more flexible approaches to paternity leave and update any internal policies or systems accordingly.

From 6 April 2025, a new entitlement called neonatal care leave and pay will came into effect - this was designed for situations where a baby required specialist medical care soon after birth - for example, in a neonatal intensive care unit.

Eligible employees can take up to 12 weeks of neonatal leave, starting from day one of their employment. If they’ve been employed for at least 26 weeks and meet the earnings criteria, they will also qualify for neonatal care pay - though the care must begin before the baby is 28 days old and must last at least seven continuous days. It is worth noting that leave can be taken at any point within 68 weeks of the child’s birth and can be added on to the end of other leave, such as maternity or paternity leave.

In May 2024, a new law - the Paternity Leave (Bereavement) Act 2024 - was passed. Whilst this law isn’t active yet, once implemented, it will offer additional rights for fathers and partners if the mother dies within the first year after a child is born or adopted.

When it comes into force, the Act will remove the 26-week minimum service requirement in these cases, and employees will be able to take paternity leave even if they’ve already taken shared parental leave. There are also plans for leave to be extended beyond the current two weeks - potentially up to 52 weeks - and to offer stronger protection from redundancy when the employee returns to work. In certain cases, bereaved employees may also be allowed to work occasional days without ending their paternity leave altogether, which is a progressive step forward.

These changes reflect a wider shift towards more supportive family leave policies, and although some of them are not in place yet, it’s important for small businesses to prepare now for when they become mandatory. Reviewing your policies, updating payroll systems, and making sure your managers understand the new entitlements will help you stay compliant and support your team through these significant life events.