Employment Alert – Make Work Pay – Bereaved Partner’s Paternity Leave
What’s happening?
The Bereaved Partner’s Paternity Leave Regulations 2026 come into force on 6 April 2026.
The Regulations introduce a new statutory right for employees to take up to 52 weeks of unpaid Bereaved Partner’s Paternity Leave (BPPL) where a child’s primary carer (usually the mother or primary adopter) dies within 52 weeks of the child’s birth or adoption placement. The Regulations apply only to bereavements occurring on or after 6 April 2026.
BPPL is a day‑one right with no qualifying service requirement and it must be taken as one single period.
Key features include:
- Leave must start and end within the same 52-week period following the child’s birth or placement, save that where the bereavement date is less than 14 days before the end of the 52-week period, the period is extended to allow up to 14 days BPPL.
- Oral notice is permitted within the first eight weeks.
- Full statutory protections apply, including preservation of contractual terms (excluding pay), the right to return to the same job where possible, enhanced redundancy protection, detriment and dismissal protection and up to ten KIT days.
- While there is no statutory BPPL pay, employees may still claim two weeks’ statutory paternity pay if they have not already taken it. Although, employers may consider offering enhanced pay during the BPPL period.
Why is this important?
This is a significant development for employers. BPPL fills a long‑standing gap for bereaved fathers or partners who would not otherwise qualify for shared parental leave.
The new right:
- Introduces potentially long, sudden periods of protected leave, often with very short notice.
- Requires HR teams to navigate overlapping rights, such as ordinary paternity leave, parental leave, and parental bereavement leave.
- Extends redundancy protection to 18 months after the birth or placement, mirroring protections for maternity and adoption leave.
- Creates scenarios where employees may still be eligible for statutory paternity pay even though BPPL itself is unpaid.
What should you do?
Stay Tuned: Regulations on BPPL are new and further guidance may follow. We will continue to update you of amendments as we receive them and will confirm the final position when the Employment Rights Bill (ERB) is officially passed.
Prepare: Begin reviewing your family‑leave policies, training materials and internal procedures to ensure they are in place and fully compliant by 6 April 2026.Ensure managers and HR teams are fully trained on implementation of the new right, including when it applies, notice requirements and how it interacts with other statutory leave or internal processes such as redundancies.
Advice: If you require advice relating to these changes or the ERB in general, please contact [email protected] who can put you in touch with one of our specialist employment lawyers.All comments and information were accurate at the time of publication and may not reflect current developments. This should not be relied upon without seeking appropriate professional advice.
