From 6 April 2026, employers will need to accommodate a new, potentially lengthy period of unpaid leave for bereaved partners caring for a child following the death of the child’s primary carer. This follows on from paternity leave becoming a day-one right for bereaved partners from 29 December 2025.
The new right brings with it significant employment protections and will require updates to policies, manager guidance and HR systems. We highlight what employers need to know.
Key features of the new leave right
An eligible employee will be entitled to take up to 52 weeks’ unpaid bereaved partner’s paternity leave (BPPL) to care for a child where the child’s primary carer has died within 52 weeks of the child’s birth or placement for adoption.
BPPL must generally start and end within the same 52-week period following the child’s birth or placement. There is a limited exception to this where the bereavement occurs less than 14 days before the end of that period. In those circumstances, the employee may take up to 14 days’ BPPL.
The eligibility criteria are broad and designed to accommodate a range of family structures. In summary, an employee will be eligible where they:
- are the father of a child whose mother has died; or
- were the spouse, civil partner or partner of the child’s deceased primary carer;
- have, or are expected to have, main responsibility for the upbringing of the child; and
- are taking the leave to care for the child.
The right to take BPPL applies where the primary carer dies on or after 6 April 2026 and is intended to support continuity of care for children in highly distressing circumstances.
Notice and flexibility
The legislation adopts a pragmatic approach to the notice the employee must give, recognising the realities of bereavement.
Where BPPL begins within eight weeks of the bereavement, the employee may give notice orally and on short timescales. Within that eight-week period, they must then confirm in writing how much BPPL they plan to take and their intended return date.
If the employee wishes to take BPPL more than eight weeks after the bereavement, they must give at least one week’s written notice. They may vary or cancel BPPL and amend their intended return date, subject to minimum notice requirements.
While this flexibility is welcome, it will place a premium on clear internal guidance and consistent manager handling, particularly in the early stages following a bereavement.
Employment protection during leave
Employees taking BPPL will benefit from protections broadly aligned with those for employees taking other forms of family leave, including:
- continuation of contractual terms and conditions (excluding pay);
- the right to return to the same role, or a suitable alternative depending on the length of leave;
- protection from detriment and automatic unfair dismissal where dismissal is connected to taking, or seeking to take, BPPL.
Where BPPL lasts six weeks or more, enhanced redundancy protection will apply for up to 18 months after the child’s birth or placement. This aligns BPPL with recent reforms extending family leave redundancy protection.
Employees may work up to ten “keeping in touch” days during leave, by agreement, without bringing the leave to an end.
Key takeaways for employers
Although the legislation is still in draft form, employers should start preparing now by:
- reviewing how BPPL will interact with existing family leave and compassionate leave policies;
- considering whether to offer pay during BPPL, particularly where enhanced pay is available for other types of family leave; and
- planning for policy updates, manager training and payroll/HR system changes ahead of April 2026; and
- ensuring managers are equipped to handle requests sensitively and consistently.
These proposals mark a positive step towards greater workplace support for bereaved families and reflect a broader shift towards supporting employees through bereavement, with the Employment Rights Act 2025 bringing a broader right to bereavement leave, likely in April 2027.
