Bereaved partner’s paternity leave came into force on 6 April 2026, introducing a new statutory entitlement for employees.
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.
This article outlines the key features of the entitlement, and the steps employers should have in place.
Overview of the entitlement
Bereaved partner’s paternity leave is a new statutory right that allows eligible employees to take leave where the child’s mother or primary carer dies within the first year of the child’s life or adoption placement.
While such cases are rare, the impact is significant. The legislation is intended to ensure employees have the time, job protection and flexibility needed to care for their child and adjust to a profound personal loss.
Who is eligible?
- The child’s father; or
- The partner of the primary carer,
- The child’s mother;
- An individual with whom a child is placed for adoption; or
- In joint adoption cases, the individual who has elected to take adoption leave.
Legislative position
Bereaved partner’s paternity leave sits outside the Employment Rights Act 2025 reforms and is instead introduced through standalone regulations.
Eligible employees are entitled to take a single continuous period of leave of up to 52 weeks.
Key points for employers:
- The leave must be taken within 52 weeks of the child’s birth or adoption placement.
- It is a day one right, with no minimum service requirement.
- The statutory entitlement is to unpaid leave, although employers may choose to enhance this contractually.
- Employees who have not already taken their two weeks’ statutory paternity leave and pay may do so during this period.
- Employees benefit from standard family leave protections, including protection from dismissal or detriment and the right to return to work.
- Up to 10 keeping in touch (KIT) days may be worked without bringing the leave to an end.
Bereaved partner’s paternity leave notice requirements
- Where leave begins within the first eight weeks following the bereavement, employees may notify their employer at any time before the start of the working day on which the leave is due to commence. Written confirmation must then follow within eight weeks of the bereavement and at least one week before returning to work.
- Where leave begins more than eight weeks after the bereavement, at least one week’s notice is required before the leave starts.
What employers should be doing now
With the entitlement now in force, employers should ensure their approach is fully compliant and operational in practice:
Review policies
Ensure a bereaved partner’s paternity leave policy is in place or that existing family leave policies have been updated.
Update contracts and handbooks
Check that documentation reflects the entitlement and aligns with related policies, including paternity leave, parental leave, KIT days and bereavement provisions.
Implement a clear notification process
Have a straightforward and sensitive process in place for employees to notify the business.
Train managers and HR teams
Ensure those managing requests understand both the legal framework and the importance of handling cases appropriately.
Consider enhanced support
Although the entitlement is unpaid, many employers may wish to consider enhanced pay or additional support.
