From 6th April 2026, a new type of leave will be introduced for UK employees.
Employees whose partner dies on or after 6th April (where that partner is the employee’s child’s mother or the employee’s child’s primary adopter) will be entitled to take Bereaved Partner’s Paternity Leave (BPPL).
Fathers, partners (of either sex) of the mother or primary adopter, and those with main responsibility for the child (including in surrogacy cases) will be eligible for BPPL, if the child is under one year old at the time of the death of the mother or primary adopter.
This is a ‘day one’ right, applicable regardless of the employee’s length of service.
Length of Leave
Up to 52 weeks’ of BPPL may be taken, in one block. It must usually be taken within 52 weeks of the birth or adoption placement. However, If the death occurs in the last two weeks of the 52-week period after the birth or adoption placement, the employee may still take up to 14 days’ leave.
There is no statutory right to pay during BPPL, but employers may choose to offer some discretionary pay. Annual leave accrues during the BPPL.
Employees on BPPL may work up to ten keeping-in-touch days during the leave, if both employer and employee agree.
Notice Requirements
If an employee wishes to start BPPL within eight weeks of the bereavement, they must give notice, orally in writing, before they are due to start work on the first day of the leave. After this eight-week period, they must give at least one week’s notice in writing.
The notice, whether given orally or in writing, must include confirmation of their relationship to the child, a declaration that the leave is being taken in order to care for the child, and their intended return date. They can also cancel the leave, or change the start date or the end date, with notice.
Right to Return
Employees have the right to return to the same job (or, in certain circumstances, a similar job) and must not be treated to a detriment or dismissed for having taken BPPL.
Actions for Employers
To prepare for these new rights, employers should review their bereavement and compassionate leave policies, create or update a specific policy for Bereaved Partner’s Paternity Leave and consider whether to offer paid leave (this is not a legal requirement but may support staff wellbeing).
If you have any queries in relation to this or any other employment law issue, please email us at tcms@thomas-carroll.co.uk and our employment specialists will be happy to help.
