Bereaved Partner’s Paternity Leave: What Employers Need to Know

A significant change to UK employment law came into force on 6 April 2026, introducing a new statutory right known as bereaved partner’s paternity leave. While thankfully this will apply to very few employees, it covers one of the most difficult situations a workplace can face — and employers need to understand what it means in practice.

What Is Bereaved Partner’s Paternity Leave?

This new entitlement allows an eligible employee to take extended time off work when the primary carer of their child — typically the mother — dies within the first year following birth or adoption placement.

In such devastating circumstances, the surviving partner may suddenly find themselves as the child’s sole carer while also dealing with profound grief. The legislation recognises that the standard two weeks of paternity leave is wholly inadequate in this situation, and provides much greater protection.

Who Is Eligible?

The right applies 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
• In joint adoption cases, the person who elected to take adoption leave

Importantly, this is expected to be a day one entitlement — there is no minimum length of service required to qualify.

How Much Leave Can Be Taken?

Eligible employees can take a single continuous period of leave of up to 52 weeks, subject to the leave falling within 52 weeks of the birth or adoption placement.

The statutory entitlement is to unpaid leave, although employers are free to offer enhanced contractual pay as part of their family-friendly policies. Employees who have not yet used their two weeks of statutory paternity pay may also claim this during the leave period.

As with other forms of statutory family leave, employees are protected from dismissal or detriment for taking this leave, and retain the right to return to their role afterwards. They can also carry out up to 10 Keeping in Touch (KIT) days during the leave without bringing it to an end.

Notice Requirements

Given the circumstances, the regulations include flexible notice provisions:

• If the employee wants to start leave within eight weeks of the bereavement, they can notify their employer at any point before the start of the working day on which the leave begins. Written confirmation must then follow within eight weeks of the bereavement and at least one week before the employee returns.
• If the employee intends to start leave more than eight weeks after the bereavement, they must give at least one week’s notice before the leave begins.

Is This Part of the Employment Rights Act 2025?

No. Bereaved partner’s paternity leave is introduced through separate regulations and is distinct from the wider reforms being rolled out under the Employment Rights Act 2025. Employers should be aware of both sets of changes, but they are on different timelines and cover different ground.

What Should Employers Do Now?

Even though this situation will be rare, having the right policies and processes in place before it arises is essential. Being caught unprepared at such a sensitive moment could cause real harm — both to the employee and to the organisation’s reputation as a responsible employer.

Here are the practical steps to take:

1. Review your leave policies Introduce a specific Bereaved Partner’s Paternity Leave policy, or update your existing family leave policies to include this new entitlement.

2. Update contracts and staff handbooks Check whether your current paternity leave, parental leave, KIT days, and bereavement leave provisions need updating to reflect this new right.

3. Create a clear notification process Ensure employees and managers know how to notify HR when this leave is needed, and have a simple form or process in place to capture the required information.

4. Train your managers Line managers are often the first point of contact when an employee is dealing with a crisis. They need to understand this entitlement and be equipped to handle it with sensitivity and care.

5. Think about enhanced support While the statutory leave is unpaid, many employers may want to consider whether offering enhanced pay or additional support — such as access to an Employee Assistance Programme — is the right thing to do for their people.

A Final Word

Employment law obligations aside, how an organisation responds when an employee faces the unimaginable matters enormously. Having clear, compassionate policies in place is not just about legal compliance — it reflects the kind of employer you choose to be.

If you need help reviewing your family leave policies or putting the right processes in place, our partners WorkNest are happy to help. Get in touch to arrange an informal chat.

This article is intended as general guidance only and does not constitute legal advice. Employment law can be complex and individual circumstances vary — we recommend seeking professional advice for your specific situation.