Everything you need to know about the Paternity Leave (Bereavement) Act
From April 2025, we saw an important change in employment law: the Paternity Leave (Bereavement) Act. Whilst it might sound like a niche piece of legislation, small businesses should take real note - not only to stay compliant but because getting this wrong could have a serious human and a reputational cost.
The Act introduces a new statutory right for employees who lose a child or experience a miscarriage - any employee in this heartbreaking position is entitled to two weeks' bereavement leave, paid at the statutory rate. Crucially, this is a ‘day one’ right, which means it doesn’t matter how long they’ve been employed or how many hours they work - if they suffer this kind of loss, they’re entitled to time off.
You might be thinking “haven’t we already got something like this?” Well, we do, but only to a point. Since 2020, there’s been a right to Parental Bereavement Leave for parents who lose a child under 18, however, miscarriages - and losses earlier in pregnancy - fell into a grey area. This Act closes that gap, offering more certainty and a compassionate approach for grieving parents, including those who lose a pregnancy before 24 weeks.
So, what does this mean practically for small employers?
Firstly, I know we say it many times as HR professionals, but your policies need updating. If your staff handbook talks about paternity leave, but doesn’t mention bereavement rights, now’s the time to revise it. It’s not enough to just quietly know about the change; if an employee ever needs to rely on it, you’ll want the process to be fair, understandable, and in writing.
Secondly, you’ll need a process for how requests are handled - bearing in mind that employees won't always feel able to give much notice in a situation like this. They might just send a short message or have a family member inform you, which is completely understandable. From a practical point of view, you should treat any notification with sensitivity and avoid demanding formal proof straight away. Although you are entitled to ask for evidence if needed, do think carefully about timing - a GP note, a hospital letter, or a form from a healthcare professional will usually be sufficient, but it’s better to let the dust settle first.
For example, imagine one of your warehouse staff has been with you only a fortnight and suffers a miscarriage with their partner. Under the old system, they wouldn’t have been eligible for much beyond discretionary compassionate leave, which could have been unpaid. Under the new Act, you must offer two weeks’ paid bereavement leave at the statutory rate, even though they’ve barely started due to the lack of service requirement.
The payroll side is worth a quick mention too as Statutory Bereavement Pay under this Act works similarly to other family leave payments - you’ll reclaim the majority back through your usual HMRC processes. That said, systems will need updating to recognise this new category and to make sure employees aren’t left out of pocket while the admin catches up.
Finally, don’t underestimate the value of informal support alongside the formal rights. Yes, we have the legal minimum of two weeks’ leave and statutory pay, but nothing stops you offering more - or simply being flexible about how leave is taken. Some employees might want to take their two weeks in one block; others may prefer a week now, a week later - but being human about this can make all the difference to how your business is perceived internally and externally.