Bereaved partner's paternity leave: a new statutory right from 6 April 2026

We outline who is eligible to take BPPL, the notice requirements, and the practical implications for employers.  

What is bereaved partner's paternity leave?

The Bereaved Partner's Paternity Leave Regulations 2026 introduce a new statutory right for bereaved partners. The right allows eligible employees to take time off to care for a child following the death of the child's primary carer.

Who can take bereaved partner's paternity leave?

An employee can take BPPL if their child's primary carer dies within 52 weeks of the child's birth or adoption placement. 

The primary carer is: 

• the child's birth mother
• the child's adopter or in joint adoptions the parent who has chosen to take adoption leave; or
• in surrogacy cases, the parent named as the primary parental order parent  

To be eligible, the employee must be the child's father or the spouse, civil partner or partner of the primary carer, and must have the main responsibility for the child's upbringing since their partner's death.  

There is no minimum length of service, so the right applies from day one of employment.

How much leave can the employee take? 

An employee can take up to 52 weeks of BPPL. The leave must be taken within 52 weeks of the child's birth or adoption, and it must be taken as one continuous block (it cannot be split into separate periods).  

The amount of BPPL an employee can take depends on when the primary carer dies:

• If the primary carer dies during childbirth or when the child is adopted, the employee can take the full 52 weeks of BPPL
• If the primary carer dies later, the employee can only take the remaining part of the 52-week period. 

For example:

• If the primary carer dies 10 weeks after the child's birth, the employee can take up to 42 weeks of BPPL
• If the primary carer dies 35 weeks after the child's birth, the employee can take up to 17 weeks of BPPL 

If the primary carer dies within the final 14 days of the 52-week period, the employee can still take up to 14 days of BPPL, even if this means the leave ends after the child's first birthday. 

How much notice must the employee give you?

1. If the employee starts BPPL within eight weeks of the bereavement: 

Before they take BPPL, they must tell you the date their partner died, the child's date of birth or adoption placement, and the date the leave will start. They can tell you this orally or in writing. This reflects the fact that, at such a difficult time, it may not be practical for them to provide everything in writing straight away. But, within eight weeks of the bereavement they will need to confirm some information in writing: 

• how long they intend to be off work; and
• their intended return date.

Where the employee plans to return to work more than eight weeks after the bereavement, they must additionally confirm in witing that they are the child's father or the spouse, civil partner or partner of the primary carer, they have the main responsibility for the child's upbringing since their partner's death, and that the purpose of the leave is to care for the child.  

2. If the employee starts leave more than eight weeks after the bereavement:  

The employee must give you at least one week's notice in writing. The notice must include: 

• the date their partner died
• the child's date of birth or adoption placement
• the date they wish to start leave
• how much leave they intend to take
• their intended return date; and
• a declaration that they meet the relationship requirement and are taking the leave to care for the child

Can the employee change their mind about when they take BPPL?

Yes, they can, but they must give the relevant notice. 

1. Change of start date

If the employee wants to change the start date of their BPPL, they must give you written notice. How much notice is required depends on the original and new start dates: 

• Where both the old and new start dates are within eight weeks of the bereavement - the employee must give notice before the earlier of the original or new start date
• Where the original start date is within eight weeks of the bereavement, but the new start date is more than eight weeks after the bereavement - the employee must give notice before the original start date and at least one week before the new start date; and
• Where the original start date is more than eight weeks after the bereavement - the employee must give notice at least one week before the earlier of the original or new start date

2. Change of return date

If the employee wants to return earlier than planned, they must give written notice of the new return date as follows: 

• Where the original return date was eight weeks or less after the bereavement - the employee must give at least one week's written notice before the new return date; or
• Where the original return date was more than eight weeks after the bereavement - the employee must give written notice at least eight weeks before the new return date 

If the employee wants to return later than planned, they must give written notice as follows: 

1. Where the original return date was eight weeks or less after the bereavement - the employee must give at least one week's written notice before that return date; or
2. Where the original return date was more than eight weeks after the bereavement - the employee must give at least eight weeks' written notice before that return date

Can the employee cancel BPPL?

Yes. An employee can cancel BPPL before it starts, but they must give you written notice. How much notice they need to give depends on when the leave was due to begin: 

• If the leave was due to start within the first eight weeks after the bereavement, the employee can give written notice up to the day before the leave was due to start; or
• If the leave was due to start more than eight weeks after the bereavement, the employee must give written notice at least one week before the planned start date

Can the employee take BPPL if the child also dies?

Yes. In these circumstances, the employee can still take BPPL, but only for up to eight weeks. 

Is bereaved partner's paternity leave paid?

No. Statutory BPPL is unpaid. However, you can choose to offer pay for some or all of the leave if you wish. 

An employee may be entitled to the two weeks' statutory paternity pay, provided they meet the eligibility criteria and has not already received it.

Other key points to note

As with some other family-friendly leave, an employee can work up to 10 keeping in touch (KIT) days during BPPL and while on BPPL, employees benefit from the same protections as those taking other family-friendly leave. This includes all terms and conditions continuing to apply (except pay), the right to be offered a suitable alternative in a redundancy situation for 18 months after the child's birth or adoption placement, and protection from detriment and automatic unfair dismissal.

What does this mean for employers?

It is important that managers understand this new entitlement and know how it works in practice, so they can respond appropriately, manage requests confidently and support employees at what will be a very difficult time. 

You should also review and update your family-friendly policies to reflect this new right. Clear policies help ensure employees are aware of their entitlements and support managers in handling requests. 

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