Since 29 December 2025, more employees than ever have had access to paternity leave, as the requirement to have 26 weeks’ service has been lifted for bereaved parents, ahead of the service requirement being lifted entirely from 6 April 2026.

My client has an employee who started with them a month ago. When they joined the organisation, they told my client their partner was expecting a baby which was due in a month’s time. Sadly, their partner then passed away in childbirth, and now my client has asked what leave, if any, they would be entitled to.

Before this happened, I had already discussed with my client that the employee would not be entitled to statutory paternity leave as they do not have sufficient service with the organisation – they would need to have at least 26 weeks’ continuous service by the end of the 15th week before the expected week of childbirth for that to be the case. So, what leave can they take?

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