Bereaved Partner’s Paternity Leave: What employers need to know

Bereaved partner’s paternity leave came into force on 6 April 2026, introducing a new statutory right for employees where a child’s primary carer dies within the first year following birth or adoption.

Although rare, these situations are incredibly difficult. An employee may suddenly find themselves as the sole carer for a newborn or newly adopted child, while also dealing with a significant personal loss. This new entitlement is designed to give them the time, space and job security they need during that period.

Who is eligible?

The right applies to:

• The child’s father, or
• The partner of the primary carer

as long as they have responsibility for the child’s upbringing.

A “primary carer” includes:

• The child’s mother
• An adoptive parent
• In joint adoptions, the person who has chosen to take adoption leave

What is the entitlement?

Eligible employees can take up to 52 weeks’ leave as a single continuous period.

Some key points for employers:

• The leave must be taken within 12 months of the birth or adoption placement
• It is a day one right, so no minimum service is required
• The leave is unpaid (unless you choose to enhance this)
• Any untaken statutory paternity leave and pay can be used during this period
• Employees are protected from dismissal or detriment and have the right to return to work
• Up to 10 keeping in touch (KIT) days can be worked without ending the leave

Notice requirements

The regulations take a flexible approach, recognising the circumstances involved.

• If leave starts within eight weeks of the bereavement, employees can notify you up to the start of their first day of absence. Written confirmation can follow later.
• If leave starts after eight weeks, at least one week’s notice is required.

In practice, this means your processes need to allow for short-notice requests and be handled with sensitivity.

What should employers be doing now?

Now the entitlement is in force, the focus is on making sure everything works smoothly in practice.

Review your policies
Make sure your family leave or bereavement policies reflect this new right.

Update contracts and handbooks
Check everything is aligned – particularly around paternity leave, parental leave and KIT days.

Put a clear process in place
Keep it simple and accessible. A short notification form can help ensure you capture the right information without creating additional stress for the employee.

Support your managers
Line managers should understand both the entitlement and how to handle conversations appropriately.

Think about additional support
While the leave itself is unpaid, some employers may want to consider enhanced pay or other forms of support during what will be an extremely difficult time.

How we can help

Getting this right isn’t just about compliance – it’s about handling a sensitive situation in a fair and supportive way.

If you’d like help reviewing your policies, upskilling managers, or putting the right processes in place, our HR and employment law specialists are here to support you. Just get in touch to find out more.