Paternity Leave for Bereaved Partners – Further New Rights

Draft regulations have been laid before Parliament to introduce a new statutory entitlement to bereaved partners’ paternity leave. 

So, what are the four key things your business needs to know about a bereaved partner’s paternity leave?

1. What is the new right to take a bereaved partner’s paternity leave?
2. When can a bereaved partner’s paternity leave be taken?
3. What if the bereaved partner loses their partner and their child?
4. Is there any statutory right to pay?

1. What is the new right to take a bereaved partner’s paternity leave?

In outline, following the death of the mother/primary adopter of a child, the child’s father or the partner of the mother/primary adopter will be entitled to take up to 52 weeks of bereaved partner’s paternity leave to care for the child. There will be no minimum length of service requirement for an employee to be able to take this leave. 

The new regulations, if approved, are expected to come into force on 6^th April 2026, and bereaved partners’ paternity leave is expected to be available where the bereavement date is on or after 6th April 2026.

This is in addition to recent changes which have already come into force to make it easier for a bereaved partner to be eligible to take statutory paternity leave.

2. When can a bereaved partner’s paternity leave be taken? 

The window for taking a bereaved partner’s paternity leave in most cases is after the bereavement date, but within 52 weeks of the day after the day on which the child is born/placed for adoption. Bereaved partner’s paternity leave is to be taken as a single period of leave – it can’t be split up and taken at different times. However, the regulations do allow up to 10 Keeping in Touch (KIT) days to be taken should both parties wish to use them.

As you may expect, there are notice provisions if an employee wishes to take bereaved partner’s paternity leave; these vary depending on how soon after the bereavement the employee wishes to take the leave. If it is to be taken no more than eight weeks after the bereavement, the employee can provide notice verbally or in writing before they are due to start work on the first day they wish to take as a bereaved partner’s bereavement leave. For leave at a later time, notice must be in writing and given at least a week before the leave starts.

3. What if the bereaved partner loses their child too?

In this situation, there are special provisions. In brief, as the purpose of the bereaved partner’s paternity leave is usually to care for the child, if the child also dies (or is returned after being placed for adoption), there is instead an entitlement to the bereaved partner’s paternity leave of up to eight weeks.

4. Is there any statutory right to pay?

There isn’t currently any statutory entitlement for a bereaved partner’s paternity leave to be paid. 

In addition to the expected new right to bereaved partners’ paternity leave outlined above, it’s important to be alert to other family-friendly rights that are already available to eligible employees in times of crisis, such as parental bereavement leave, neonatal care leave and dependent care leave. Being aware of these and other rights, including any contractual rights your employees are entitled to, can help you to act appropriately and support your people in times of need.

If you have an HR matter your business would like assistance with, please don’t hesitate to get in touch, as we are happy to help.