Bereaved partner’s paternity leave regulations 2026

  • Posted

The draft Bereaved Partner’s Paternity Leave Regulations 2026 were quietly published in early January 2026.  If enacted, it will give fathers and partners the right to time off work if the child of their partner dies within the first year of its birth or adoption.

Who will the new regulations help?

The regulations introduce a new right to Bereaved Partner’s Paternity Leave (BPPL).  From 6 April 2026, an employee is entitled to BPPL where:

  • The child’s “primary carer” has died
  • The employee is the child’s father, or is married to or the civil partner or the partner of the child’s mother or adopter
  • The employee has main responsibility for the upbringing of the child.

Only employees  qualify; employers are not obliged to provide the leave to workers such as those on zero hours contracts or agency staff.

Employees will be protected during BPPL:

  • Their contract of employment continues, except for remuneration
  • They may take up to 10 Keeping in Touch (KIT) days
  • Protections relating to return to work, redundancy, detriment and unfair dismissal, apply, mirroring other family leave rights.

How much Bereaved Partner’s Paternity Leave are employees entitled to?

They are entitled to a single period of up to 52 weeks’ unpaid leave.  The Leave must usually be taken within 52 weeks of the child’s birth or placement for adoption.  Where the bereavement occurs within 13 days of the end of that 52-week window, the employee may still take up to 14 days’ leave, regardless.

Notice requirements

The notice regime depends on when leave is due to start.

Leave starting within eight weeks of bereavement:

  • The employee may give notice verbally or in writing
  • It must be provided before the employee is due to start work on the first day of leave

Leave starting more than eight weeks after bereavement:

  • The employee must give notice in writing
  • It must be given at least one week before the intended start date

All notices must include:

  • The bereavement date
  • The proposed start date of leave
  • The child’s date of birth or adoption placement (or date of entry into Great Britain for overseas adoptions)

Where leave is to start more than eight weeks after bereavement, the notice must also include:

  • The intended return date
  • A declaration that the leave is being taken to care for a child
  • Confirmation of the employee’s relationship to the child

Changing or cancelling Bereaved Partner’s Paternity Leave

Employees may vary the start date, subject to further notice requirements, which again depend on whether the revised start date falls within or beyond the initial eight-week period following bereavement.

Leave may be cancelled in writing. No notice is required where leave was due to start within eight weeks of bereavement; otherwise, one week’s notice is required.

Return dates can also be varied in writing. Notice ranges from one week to eight weeks, depending on how far the original return date fell from the bereavement date.

Bereaved Partner’s Paternity Leave plus the death of a child

If an employee would have been entitled to BPPL but the child has also died (or has been returned following adoption), they may still take up to eight weeks’ unpaid BPPL in the 52-week eligibility window, provided they had not already taken BPPL before the child’s death.

What HR should do now

HR policies should be updated (or created) ahead of April 2026 to reflect the new BPPL entitlement. Many employers will already be preparing to amend other policies to align with the Employment Rights Act 2025, such as updating paternity leave policies to reflect the move to a day one right.

Here to Help

At Longmores, our Employment team supports employers in understanding and implementing new family‑leave entitlements, including the Bereaved Partner’s Paternity Leave Regulations 2026. We can review your policies, update documentation and guide HR teams on processes to help you stay compliant.

For practical advice on how these changes may affect your organisation, please contact Miranda Mulligan, Senior Solicitor, in our Employment Law team.

Please note, the contents of this article are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.