Bereaved Partner’s Paternity Leave will become law from 6 April 2026 as part of the Employment Rights Act 2025, marking an important step in strengthening support for employees during exceptionally difficult circumstances.
This new right applies where an employee loses the child’s mother or primary adopter within the first year of the child’s life. Crucially, it will be a day one right, meaning there is no minimum service requirement to qualify.
The change reflects a wider move towards more compassionate, family-focused employment practices. Employers should ensure they understand the new entitlement and have appropriate support in place ahead of its introduction.
In this blog, we outline what the new leave involves, who is eligible, and how employers can prepare for April 2026.
How does Bereaved Partner’s Paternity Leave Work?
BPPL will be for the partner of someone who has dies and applies to deaths that happened on or after 6th April 2026. This entitlement can be claimed if someone dies within the first year of their child’s life or adoption. The person who has dies must either be:
- the primary adopter
- the mother or parent who gave birth
- A parent having a baby through surrogacy
The parent can take up to 52 weeks’ unpaid leave to look after their child. They can choose the amount of time they take within this. However, it must be taken in one block.
In most cases, the leave must be taken within 52 weeks of one of the following:
- the child’s birth (including for intended parents through surrogacy)
- the child being placed for adoption
- the child arriving in Great Britain for an overseas adoption
There is an exception if the death occurs less than 14 days before the end of the 52-week period. In this situation, the father or partner is still entitled to take 14 days of leave.
This is a “day one” right, meaning the entitlement applies from the first day of employment, regardless of how long the person has been in their job.
Who can take Bereaved Partner’s Paternity Leave
To qualify for Bereaved Partner’s Paternity Leave, the individual must have responsibility for raising the child.
They must also meet at least one of the following criteria:
- be the child’s father
- be the spouse, civil partner, or partner of the child’s mother or birth parent
- be the spouse, civil partner, or partner of the child’s primary adopter
This entitlement applies equally to same-sex partners.
Employees who have separated from their partner may still be eligible, provided they continue to have responsibility for the child’s upbringing.
In addition, the individual must have employee status. Those who are not legally classed as employees are unlikely to qualify, such as agency workers, casual workers, or individuals on zero-hours contracts.
Pay
Bereaved Partner’s Paternity Leave tends to be unpaid. However, it is up to you if you want to pay the employee for some or all of the leave. It is important you make entitlements clear in employment contracts and the bereavement policy. If Employees have to pay some money back if they don’t return to work after this time, this must be clearly stated in the contract. If the employee was on unpaid leave, this doesn’t apply.
Giving Notice
Your employee taking the leave must tell you as soon as possible. It’s important to support your employee during this time and show compassion. This is an unimaginable time for them and you should be flexible. If the employee is unable to tell you themselves, you can allow a family member or friend to do so. However, the formal notice to take this time off will need to come from the staff member themselves.
Less than 8 weeks after the death
If it has been less than 8 weeks since the employees’ partner died, their leave can start straight away if that’s what they need. They can also tell you verbally or in writing through a letter or email. They must tell you before they start work that day.
If your employee has given notice verbally, you must confirm this in writing through an email or letter.
More than 8 weeks after
If it has been more than 8 weeks since their partner died, they must give 1 week’s notice before starting the leave and tell you in writing.
Information Required
The employee must notify their employer of key details, including the date of their partner’s death, when they intend to start leave, and the relevant date linked to the child (such as the birth or adoption date).
If the leave is taken within 8 weeks of the death, they should also confirm how much leave they plan to take. This does not need to be immediate but must be confirmed in writing within 8 weeks and at least one week before they return to work.
If the leave is taken more than 8 weeks after the death, the employee must also confirm in writing their relationship to the child, that they are caring (or will care) for them, and their intended return date.
Other Types of Leave that can be added
If your employee is entitled to other types of leave during this time, they can add Bereaved Partner’s Paternity leave. This will give them more time to look after their child. Other leave includes:
Actions to Take Before 6th April
It’s important you are fully prepared before the 6th April. Our HR consultants can support you with:
- Reviewing policies such as compassionate and bereavement leave policies.
- Create a policy specifically for Bereaved Partner’s Paternity Leave
- provide line managers with training on handling sensitive requests.
- Make your staff aware of the new entitlement.
If you have any questions on Bereaved Partner’s Paternity leave or would like our support to create and introduce a new policy to your organisation, contact us. We have created an Employment Rights Roadmap eBook to help you stay on track with the latest updates. Download your copy here.
