From 6 April 2026, a major new entitlement – bereaved partner’s paternity leave (BPPL) – comes into force. This change expands on the earlier reform from 29 December 2025, which already removed the six‑month service requirement for bereaved partners to take ordinary paternity leave.

These new rules create a separate, extended form of paternity leave specifically for employees who lose their partner (the child’s mother or primary adopter). Below, I’ve broken down what’s changing, who qualifies, and what employers should do now to prepare.

What has already changed?

Since 29 December 2025, if an employee’s partner dies in childbirth or within the first year after birth or adoption:

• They can take standard paternity leave from day one (no qualifying service).
• They can take paternity leave even if they’ve already used Shared Parental Leave.

This earlier reform is now being built on with a much more substantial leave entitlement coming in April 2026.

What’s changing from 6 April 2026?

From April 2026, if the child’s mother or primary adopter dies before the child’s first birthday (or the first anniversary of adoption placement), the bereaved partner will be entitled to up to 52 weeks’ BPPL – as long as they are taking main responsibility for the child. Any BPPL they do take must end on the child’s first birthday.

A few scenarios included in the new rules:

• If the child’s mother dies before their first birthday – the bereaved partner may take up to 52 weeks of BPPL.
• If the primary adopter dies within the first year of adoption – the bereaved partner may take up to 52 weeks of BPPL.
• If the child also sadly dies – the employee can remain on BPPL for up to eight weeks after the child’s death.
• If an adopted child is returned to the agency after the primary adopter dies – the employee may also remain on leave for up to eight weeks after the child’s return.
• Surrogacy and parental order cases – equivalent rights will apply.

How long can the employee take?

Eligibility for BPPL ends on the child’s first birthday (or first anniversary of adoption placement). The total amount of BPPL will depend on how much time remains before that date.

Examples:

• If the bereavement occurs two weeks after birth, the employee could take up to 50 weeks of BPPL.
• If the bereavement happens very close to the one‑year mark, the regulations guarantee at least 14 days of BPPL.

Notice requirements: practical flexibility

The notice rules depend on when the employee wants their leave to begin:

If leave starts within eight weeks of the bereavement:

• Notice can be given orally or in writing, before the start of the working day they want BPPL to begin.
• Within those eight weeks, they must then provide written confirmation of intended return date and a declaration of purpose.

If BPPL starts after eight weeks:

• At least one week’s written notice is required, including return date and a declaration.

Employees may also take up to 10 Keeping‑in‑Touch (KIT) days during this BPPL.

Rights on return to work

Employees returning from BPPL will:

• Usually have the right to return to the same job, or
• If they have combined this leave with other family leave, the right to return to the same job or a suitable alternative.

They also benefit from enhanced redundancy protection, mirroring the protections given to employees returning from maternity leave.

Importantly, it will be automatically unfair to dismiss or select someone for redundancy because they took or sought to take BPPL. It is also unlawful to subject them to any detriment for doing so.

What should employers do now?

Update policies and handbooks – your family‑leave policies must now include:

• Standard day‑one paternity leave
• Day‑one ordinary parental leave
• BPPL (up to 52 weeks)
• Notice requirements and return‑to‑work rights
• Enhanced redundancy protections

Make sure templates, intranet pages, and employee guides reflect the changes.

Consider whether to offer paid leave – the new entitlement to BPPL is unpaid. Many employees may struggle to take such a long period of time off work without pay at such a difficult time. Employers wanting to take a supportive stance may choose to:

• Offer a number of weeks at full or part pay
• Provide a hardship fund
• Offer flexible phased returns

Even offering a small paid period can make a meaningful difference.

Train managers in sensitive handling – this is a highly emotional and complex situation. Managers should feel confident about:

• Responding sensitively
• Explaining the new rights clearly
• Handling oral notice correctly
• Recording return dates and KIT days
• Avoiding inappropriate questions about bereavement circumstances

Short, practical manager briefings will go a long way.

Update HR systems and absence codes – you’ll need a distinct category for BPPL so you can:

• Track entitlement lengths
• Record KIT days
• Apply return‑to‑work rights correctly
• Monitor enhanced redundancy‑protection periods

Final thoughts

The new Bereaved Partner’s Paternity Leave rules will hopefully affect only a small number of employees – but when they are needed, they matter enormously. Clear policies, trained managers and compassionate handling can make a huge difference to employees navigating unimaginable circumstances.

If you’d like help updating your policies or preparing internal guidance, get in touch

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