Bereaved Partner’s Paternity Leave

The Paternity Leave (Bereavement) Act 2024 (PLB Act) came into force on 29 December 2025 and was implemented by The Bereaved Partner’s Paternity Leave Regulations, which introduce a new statutory leave entitlement known as Bereaved Partner’s Paternity Leave (BPPL).  

Under the Regulations an employee who is either the father of a child, or the partner of a child’s mother or primary caregiver will have a statutory right to take up to 52 weeks of extended paternity leave to care for the child if the child’s mother/primary caregiver dies.  

This will be a day one right and exercisable during the period beginning with the day after the child’s birth, placement or adoption into the UK and ending 52 weeks after that date.  

It will only apply to bereavements occurring after 6 April 2026. 

Who is entitled? (Regulation 4) 

From 6^th 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 of the child’s mother or primary adopter (the relationship condition); and 
• the employee has main responsibility for the upbringing of the child. 

Only employees (not workers) qualify. 

How much leave can be taken? (Regulation 5)

• A single period of up to 52 weeks’ unpaid leave can be taken by the eligible employee after the bereavement date. 
• Leave must start and end* 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.

How much notice do I need to give? (Regulation 6)

The notice requirements depend on when leave is due to start. 

Leave starting within 8 weeks of bereavement: 

• Notice may be given orally or in writing. 
  
• It must be provided before the employee is due to start work on the first day of leave.  
   
• The notice should contain
  • the bereavement date,
  • the date of birth or adoption placement, and  
  • the BPPL start date 

• Within 8 weeks of the bereavement (and at least one week before the intended return date), the employee must then also confirm in writing  
  • the amount of leave they want to take and 
  • the intended return-to-work date 

If the return date is more than eight weeks after the bereavement, this written notice must also confirm the date of birth or adoption placement, and contain a declaration that the employee meets the necessary relationship condition and is taking leave to care for the child. 

Leave starting more than 8 weeks after bereavement: 

• Notice must be in writing. 
• It must be given at least one week before the intended BPPL start date. 

All notices must include: 

• the bereavement date; 
• the proposed start date of leave; and 
• the child’s date of birth or adoption placement (or date of entry into Great Britain for overseas adoptions).
• the intended return date; 
• a declaration that the leave is being taken to care for a child; and 
• confirmation of the employee’s relationship to the child. 

How can I change or cancel leave? (Regulation 7)

Changing the start date of leave

An employee may vary the leave start date that has been notified by giving notice to the employer of the new leave start date: 

(a) where the new leave start date is no more than eight weeks after the bereavement date, orally or in writing (employees need to give one week’s notice before the earlier of either the new start date or the old start date); 

(b) where the new leave start date is more than eight weeks after the bereavement date, in writing (employees need to give one week’s written notice before the old start date and one week before the new start date).

Cancelling leave

An employee may cancel a period of bereaved partner’s paternity leave that has been notified. The notice regime depends on when the leave was due to start. 

Leave starting within 8 weeks of bereavement: 

• The employee must cancel before the leave is due to start 

Leave starting more than 8 weeks after bereavement: 

• The employee must cancel with at least one week’s notice before the leave was due to start 

Changing the return date of leave

An employee may vary the intended return date that has been notified by giving written notice to the employer of the new intended return date: 

• where the last notified intended return date is no more than eight weeks after the bereavement date: 
  • at least one week before the last notified intended return date, and 
  • at least one week before the new intended return date; 

• where the last notified intended return date is more than eight weeks after the bereavement date: 
  • at least eight weeks before the last notified intended return date, and 
  • at least eight weeks before the new intended return date. 

If an employee returns to work without providing the correct notice 

If an employee attempts to return to work without having notified the employer of the intended return date in accordance with the correct notice requirements, the employer may postpone the employee’s return to a date that will reflect the date the employee would have been able to return if they had provided the correct notice. 

Where the child also dies or is returned following adoption 

If an employee would have been entitled to BPPL but: 

• the child dies;  
  
• in the case of a domestic adoption, the child has been returned following adoption; 
  
• in an overseas adoption case, the child ceases to live with the employee; 
  
• in a parental order case 
  • the employee does not apply for an order in respect of the child 
  • the employee’s application for an order in respect of the child under that section is refused, withdrawn or otherwise terminated without the order being granted  

the employee 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 / being returned. 

Working during BPPL (Regulation 11) 

An employee may carry out up to ten days’ work for their employer during their BPPL without bringing the leave to an end. These are known as KIT (Keeping in Touch) days. Similar provisions apply during periods of maternity, adoption and shared parental leave. These days are not obligatory – the employer and employee must agree them. Any day on which work is done counts as a KIT day. You will need to check and agree the rate of pay for a KIT day but it is commonly your normal rate of pay. 

Working on a KIT day doesn’t not extend the period of BPPL. 

Employment protections during BPPL (Regulation 10) 

During BPPL, you will maintain all your rights and employment protections (similar to other forms of family leave). In particular: 

• you will keep the benefit of your terms and conditions of employment (except for remuneration (wages / salary) as BPPL is unpaid (unless your employer offers enhanced BPPL); 

• you have the right to return to the same job (or in limited circumstances, a suitable and appropriate alternative) on no less favourable terms and conditions. 

• in a redundancy situation, where you have taken at least 6 weeks BPPL, you will have the right to be offered a suitable alternative role, if one exists, (in priority) for up to 18 months after the birth or adoption placement.  

• you will be protected from detriment, automatic unfair dismissal and discrimination for taking BPPL; 

• If you employer offers enhanced/  paid BPPL, they should continue to make pension contributions based on that pay. When you move on to unpaid BPPL, your employer is no longer required to make pension contributions. 

If your employer treats you unfairly, seek advice 

Contractual schemes 

Employers can implement more favourable contractual schemes but they do not need to provide more than the statutory minimum, though they cannot provide less. Check your contract or staff handbook.  

Pay 

BPPL is unpaid, unless your employer chooses to offer enhanced terms. An employee can claim their entitlement to two weeks’ statutory paternity pay (SPP) while they are taking BPPL, as long as they have not already had a period of “ordinary” paternity leave in which they were paid SPP (provided the employee meets the eligibility criteria in relation to claiming SPP)). 

Example of written notice to take BPPL 

Email to employer dated 20 September 2026 

Dear John, 

As you know, my wife Joanna gave birth to our son Otis on 15 May 2026.  

Tragically, Joanna passed away on 27 July 2026. I would like to take Bereaved Partner’s Paternity Leave commencing on 4 October 2026. I would like to take leave until 14 May 2027, returning to work on 15 May 2027. I can confirm I am taking the leave to care for Otis. 

Thank you, 

George 

[Sections highlighted in bold indicate the required information for the notice] 

Examples 

Example 1  

Baby is born on 15 May 2026. Mother / Primary caregiver passes away 27 July 2026. Father / Partner will be entitled to take a single period of BPPL of up to 52 weeks to care for the baby. This leave is unpaid. 

Partner/ father wishes to start his leave immediately and provides oral notice to their employer on 2 August to commence leave on 3 August. The leave commences on 3 August. Partner / father needs to later confirm in writing how much leave they wish to take and their intended return to work date. 

Example 2 

Baby is born on 12 January 2026. Mother / primary adopter passes away on 20 January 2026. Partner unfortunately doesn’t qualify for Bereaved Partner’s Paternity leave bereavement was prior to 6 April 2026. 

Example 3

Baby is born on 12 November 2026. Mother / primary caregiver passes away on 12 November 2026.   Father / Partner will be entitled to take a single period of BPPL of up to 52 weeks to care for the baby. This leave is unpaid. 

Partner/ father wishes to start their leave in 12 weeks (as they have enhanced / contractual paternity leave for the first 3 months). Partner/ father provides written notice to their employer that their partner passed away on 12 November and that they want to commence leave on 12 February 2027 to be able to care for their child. The notice confirms how much leave they wish to take and their intended return to work date.

FAQs 

Can the father / partner claim the mother’s unused SMP / MA? 

Unfortunately no, this pay isn’t transferred to the father / partner on the death of the mother / primary caregiver.  

What happens if my partner passed away just before the end of the 52-week period? 

If the bereavement takes place in the last two weeks of that 52-week period, you can take BPPL for up to two weeks after the bereavement. 

Can I claim any kind of financial support / benefits during BPPL? 

You may be eligible to some benefits depending on your household income and savings. You should also check with your employer if they offer any enhanced pay during BPPL. You can read our advice on benefits here or contact our helpline. You can also check with an advice / benefits agency like Citizens Advice or Turn to Us. 

Can I take KIT days during BPPL? 

Yes, you can take up to 10 KIT days during BPPL, but you would need to agree them with your employer and they are not required to be paid. 

Can I still take previously booked paternity leave / shared parental leave before commencing BPPL 

Yes, BPPL doesn’t reduce or impact your other parental rights to leave. The BPPL must be taken within 52 weeks of the child’s birth/placement for adoption however, so if you have already taken a period of family leave, you will not be able to have a further 52 weeks of BPPL. For example, you have taken 2 weeks paternity leave, you can take up to 50 weeks of BPPL. 

Do I still accrue annual leave on BPPL? 

Yes, you still accrue annual leave whilst on BPPL. If you are unable to take your statutory annual leave due to being on BPPL you must be allowed to carry it forward to the next leave year.  

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

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