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Bereaved partner’s paternity leave | What employers need to know
Written on 23 March 2026
With regulations now approved, bereaved partner’s paternity leave will come into force on 6 April 2026.
The new entitlement is designed to support employees who face the devastating situation of losing the mother or primary adopter of their child shortly after birth or adoption. In these circumstances, the surviving partner may suddenly become the child’s sole carer and need significant time away from work.
In this blog, we look at what bereaved partner’s paternity leave is, how it works, and what employers should be doing to prepare.
What is bereaved partner's paternity leave?
Bereaved partner’s paternity leave is a new statutory right that will allow eligible employees to take time off work where the child’s primary carer dies within the first year following the birth or adoption placement.
Although thankfully rare, situations where a partner suddenly becomes the sole carer for a newborn or newly adopted child can be incredibly challenging. This new entitlement aims to ensure employees in that position have the time and job protection they need to care for their child and begin adjusting to life after a profound loss.
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Bereaved partner's paternity leave eligibility
The right will apply to the child’s father or the partner of the primary carer, provided they have responsibility for the child’s upbringing.
For the purposes of the regulations, a “primary carer” is defined as:
- The child’s mother;
- A person with whom the child has been placed for adoption; or
- In cases of joint adoption, the person who has elected to take adoption leave.
Is it part of the Employment Rights Act?
No, bereaved partner’s paternity leave is not part of the wider reforms being introduced through the Employment Rights Act 2025, which are expected to roll out gradually during 2026 and 2027. Instead, it is being introduced through separate regulations that specifically address this bereavement scenario.
How much leave can employees take?
Eligible employees will be able to take a single period of bereaved partner’s paternity leave lasting up to 52 weeks, depending on when the bereavement occurs.
- The leave must fall within 52 weeks of the child’s birth or adoption placement.
- The right is expected to be a day one entitlement, meaning employees will not need a minimum period of service to qualify.
- While the statutory right is to unpaid leave, employers may choose to offer enhanced contractual pay as part of their family-friendly policies and eligible employees who have not yet claimed their two weeks’ statutory paternity pay may do so during bereaved partner’s paternity leave.
As with other types of statutory family leave, employees taking bereaved partner’s paternity leave will benefit from legal protections, including protection from dismissal or detriment for taking the leave and the right to return to work after the leave period. They will also be entitled to carry out up to 10 KIT days’ work for their employer during the leave without bringing it to an end.
Notice requirements for bereaved partner’s paternity leave
Given the sensitive circumstances in which this leave would be taken, the draft regulations include flexible notice provisions.
- Where an employee wishes to start the leave within the first eight weeks after the bereavement, they can notify their employer at any time before the start of the working day on which they want the leave to begin. They must then provide the required written information within eight weeks of the bereavement and at least one week before returning to work.
- If the employee intends to start the leave more than eight weeks after the bereavement, they must provide the required information at least one week before the leave begins.
Bereaved Partner’s Paternity Leave Notification Form
Use our simple notification form to capture the necessary information and ensure the correct process is followed.
When will the new rules come into force?
Following Parliamentary approval, it’s now confirmed that bereaved partner’s paternity leave will come into force on 6 April 2026.
The entitlement will apply where the death of the primary carer occurs on or after that date, and the child is within their first year following birth or adoption placement.
What employers should do now
Review your policies
Introduce a Bereaved Partner’s Paternity Leave Policy or update your existing family leave policies to reflect the new statutory right.
Update contracts and handbooks
Your contracts and/or company handbook policies (such as paternity leave, parental leave, KIT days, and compassionate/bereavement leave policies) may need updating to reflect the additional entitlement.
Create a notification process
Employers should ensure they have a clear process in place for employees to notify them of bereaved partner’s paternity leave, such as a dedicated notification form.
Train managers and HR teams
Managers should understand the new entitlement and be prepared to handle requests sensitively and appropriately.
Consider enhanced support
While the statutory leave is unpaid, some employers may wish to consider offering enhanced pay or additional support to employees experiencing such difficult circumstances.
Expert advice and parental bereavement leave policies
For employers, the key priority now is preparation – reviewing policies, updating documentation, and ensuring the right support mechanisms are in place ahead April 2026.
If you’d like help getting ready – including introducing a Bereaved Partner’s Paternity Leave Policy or updating your existing family leave policies to reflect this new right – our Employment Law and HR experts are on hand to guide you. Just get in touch on 0345 226 8393 or request your free consultation using the button below.
