In brief
Employees whose partner has died (where that partner is their child’s mother or primary adopter) will be entitled to take Bereaved Partners Paternity Leave (BPPL) for bereavements which occur on or after 6 April 2026. Employers need to understand how the right operates, who is entitled to it, and consider any changes to contractual policies and procedures to reflect this new statutory right.
Key takeaways
- Since December 2025, the right to take two weeks’ paternity leave has become a day one right for employees whose partner has died. From 6 April 2026, this will be extended to paternity leave in other cases.
- Employees whose partner has died, where that partner is their child’s mother or primary adopter, will be entitled to take additional Bereaved Partners Paternity Leave (BPPL) for bereavements on or after 6 April 2026.
- BPPL will entitle eligible employees to take up to 52 weeks’ unpaid leave in the first year of a child’s life (or within 52 weeks of the child’s placement for adoption) if the child’s mother or primary adopter has died, and the employee has main responsibility for bringing up the child.
- Employers will need to understand the new right and consider whether changes should be made to current contractual family leave policies to reflect not only BPPL, but other changes to paternity leave that will come into force on the same date.
For more information on what this development means for you, please get in touch with your usual Baker McKenzie contact.
In more detail
The draft Bereaved Partner’s Paternity Leave Regulations 2026 set out a new right to Bereaved Partner’s Paternity leave (BPPL). Once approved, employees whose partner has died, where that partner is their child’s mother or primary adopter, will be entitled to take BPPL for bereavements on or after 6 April 2026 without any requirement for a period of qualifying service.
Requirements to take BPPL
The employee must be the child’s father, or the mother’s spouse or partner, in birth cases, or the spouse or partner of the primary adopter in adoption cases, or the child’s primary parental order parent in the case of surrogacy arrangements at the time of the death.
The employee must have the main responsibility for the child’s upbringing and be taking the BPPL to care for the child.
Details of BPPL
Employees will be entitled to take up to 52 weeks’ unpaid leave, which must usually be taken within 52 weeks of the child’s birth or adoption. (If the death occurs in the last two weeks of this period, the employee may take up to 14 days’ leave, even though more than 52 weeks since the birth/adoption will have elapsed before the leave ends.)
If the child dies (or the adoption breaks down), employees may take up to eight weeks’ BPPL within the original 52 week period, as long as they have not taken BPPL before the child’s death.
Notice requirements
An employee who wishes to start BPPL within eight weeks of their bereavement must give either oral or written notice before they are due to start work on the first day of the leave. After that eight week's period, employees must give at least one week’s notice in writing.
A notice, whether given orally or in writing, must include confirmation of the employee’s relationship to the child, a declaration that the leave is being taken in order to care for the child, and the intended return date.
An employee who wishes to change or cancel their leave may do so with notice, and the length of the leave can be shortened or extended even once it has started by giving notice of a change of end date.
Employment law rights during and after a period of BPPL
Similar rights apply to those applicable to other forms of long-term family leave such as maternity, shared parental, and adoption leave. The employment contract continues with the exception of clauses relating to remuneration, and the employee is entitled to up to 10 Keeping in Touch (KIT) days during their leave.
Employees are protected from detriment and dismissal because they have taken or sought to take BPPL, and are entitled to return to the same job or in some circumstances, to a suitable and appropriate alternative. They also have the right to be offered a suitable alternative position if at risk of redundancy up to 18 months after the birth or adoption placement.
Other changes to paternity leave
The Regulations will come into force at the same time as two changes in the Employment Rights Act 2025.
From 6 April 2026, the current 26 weeks' service qualifying period for statutory paternity leave (but not pay) will be removed, giving employees a right to take up to two weeks’ statutory paternity leave from the very beginning of their employment. Employees will also be permitted to take paternity leave after a period of shared parental leave.
Next steps for employers
Employers should review existing family leave and bereavement policies and update them to reflect the new statutory rights as well as considering if contractual pay and leave arrangements require amendment.