Paternity Leave (Bereavement) Act 2024 (c. 17) — paternity leave where the child's mother or the adopter dies: qualifying period removed, leave preserved where the child also dies (amending ERA 1996 ss.80A, 80B and 80D)

In brief

A short amending Act. Section 1(2) provides: In section 80A (entitlement to paternity leave: birth), after subsection (6) insert a new s.80A(6A): In relation to cases where a child's mother dies, this section has effect as if (a) subsection (1)(a) were omitted — that is, the qualifying-period condition for paternity leave falls away where the child's mother dies — and regulations may provide for leave where both the child and the mother die. Section 1(3) mirrors this for adoption: In section 80B (entitlement to paternity leave: adoption), after subsection (6B) insert a new s.80B(6C), In relation to cases where a person with whom a child is placed or expected to be placed for adoption dies, this section has effect as if. Section 1(4) amends s.80D so that regulations may provide that a bereaved employee may work for the employer during a period of leave under that section without bringing the particular period of leave, or the employee's entitlement to leave under that section, to an end, and may make provision about redundancy of a bereaved employee after leave; a bereaved employee is one who takes leave under section 80A in a case where the child's mother dies or takes adoption paternity leave where the adopter dies. In force from 29 December 2025 (SI 2025/1342). Toolkit posture: the bereavement provision a compassionate handbook must not omit, and one drafted by reference to the child's mother and the adopter — functional terms which, after R (McConnell) v Registrar General, include a trans man who gave birth. Decision-support, not legal advice.

Key provisions

• s.1(2) — Birth — new ERA 1996 s.80A(6A): qualifying period removed where the child's mother dies: "In section 80A (entitlement to paternity leave: birth), after subsection (6) insert" — (6A) In relation to cases where a child's mother dies, this section has effect as if (a) subsection (1)(a) were omitted; (b) after subsection (1) there were inserted (1A) [regulations may provide for leave where both the child and the mother die]; (c) subsection (4A) were omitted.
• s.1(3) — Adoption — new ERA 1996 s.80B(6C): the same where the adopter dies: "In section 80B (entitlement to paternity leave: adoption), after subsection (6B) insert" — (6C) In relation to cases where a person with whom a child is placed or expected to be placed for adoption dies, this section has effect as if (a) subsection (1)(a) omitted; (b) regulations may provide for leave where the child dies or is returned after placement; (c) subsection (4A) omitted.
• s.1(4) — Special cases — working during leave, redundancy after leave; bereaved employee defined: New s.80D(1A): regulations may provide that a bereaved employee may work for the employer during a period of leave under that section without bringing the particular period of leave, or the employee’s entitlement to leave under that section, to an end, and may "make provision about redundancy of a bereaved employee after a period of leave under that section"; s.80D(3): a bereaved employee is one who takes leave under section 80A in a case where the child’s mother dies, or takes leave under s.80B where the adopter dies.
• s.2; SI 2025/1342 — Extent, commencement and short title — whole Act in force 29 December 2025: Not in force at Royal Assent; commenced by SI 2025/1342 (Made 15th December 2025), which states it will commence the whole of the Paternity Leave (Bereavement) Act 2024; legislation.gov.uk: S. 1 in force at 29.12.2025 by S.I. 2025/1342, reg. 2.

When relevant

Any bereavement, pregnancy-loss or paternity provision in a handbook: where the child's mother or the adopter dies, the paternity-leave qualifying period no longer applies and leave may be preserved even where the child also dies. Cite with PALR-2002 reg 4(4)–(5). Population scope: employees only (ERA 1996 Part VIII).