Paternity leave is a statutory entitlement that allows eligible fathers and partners to take either one or two weeks’ leave following the birth or adoption of a child. The leave must be taken within 52 weeks of the child’s birth or placement for adoption and is designed to support parents at a critical time for family bonding and adjustment.
Current requirements for paternity leave
Under the current rules, paternity leave is not a day one right.
To qualify, the father must be an employee, give the correct notice, and have been continuously employed by their employer for at least 26 weeks by any day in the “qualifying week”. For birth parents, the qualifying week is the 15th week before the baby is due, although different rules apply in adoption cases.
Fathers have also generally been prevented from taking paternity leave if they have already taken shared parental leave.
Paternity bereavement leave
The Paternity Leave (Bereavement) Act 2024 introduces a targeted reform for bereaved partners creating a day one right.
With effect from 29 December 2025, the Act removes the 26-week qualifying period when a father’s spouse/partner dies in childbirth, or within the first year following birth or adoption. In these tragic circumstances, the employee will also be entitled to take paternity leave even if they have already taken shared parental leave.
Requirements from 6 April 2025
From 6 April 2026, the Employment Rights Act 2025 will significantly reform this area by making paternity leave a day one right and allowing employees to take paternity leave even when they’ve already taken shared parental leave. Until then, bereaved partners sit in a distinct legal category. The change reflects a recognition that, in cases of bereavement, access to paternity leave should not depend on length of service or technical eligibility requirements.
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