Bereaved Partner’s Paternity Leave: What Employers and Employees Need to Know in 2026
By Lucy Harwood
Content Notice:
This blog discusses bereavement, parental loss, and related legal rights. Some readers may find this content distressing. Please take care while reading and seek support if needed. (Links available at the end of this blog post for support networks).
From April 2026, UK employment law will deliver on a long-awaited reform that brings clarity and compassion to a deeply difficult area of family life. The introduction of Bereaved Partner’s Paternity Leave recognises the tragic reality that some parents face when they lose their partner and sets out a statutory framework to support employees in their bereavement and caring responsibilities.
At a time when workplace culture is rightly shifting towards greater empathy, this new right is not just a legal change; it’s a statement about the value of human experience at work.
What’s Changing? Day One Rights for Bereaved Partners
From 6 April 2026, employees whose partner (the child’s mother or primary adopter) dies within the first year of the child’s birth or adoption will have a legal entitlement to Bereaved Partner’s Paternity Leave. This is a day one right, meaning no minimum period of employment is required to qualify.
Previously, in these heartbreaking circumstances, bereaved partners often had to rely on discretionary compassionate leave or contractual arrangements with no consistent statutory protection. That changes now.
How Much Leave Is Available?
Eligible employees may take up to 52 weeks of leave following the death of their partner, where:
- The child is under one year old, or
- The situation involves adoption, and the primary adopter has died within the first year of placement.
This extended window acknowledges that grieving parents may need long-term time away from work, not just a few days, to care for their child and manage practical responsibilities.
Importantly, there is no statutory right to pay during this leave under the current regulations. Employers can choose to offer pay as part of contractual or enhanced leave provisions, but it isn’t mandatory.
Protections During and After Leave
The draft regulations mirror many protections familiar from other family-related leave rights:
- Protection from detriment or dismissal for taking or seeking to take this leave.
- Right to return to the same role or a suitable alternative if a redundancy situation arises.
- Options for “keeping in touch” (KIT) days during extended periods of leave.
These protections reflect an understanding that employees in bereavement should not face workplace disadvantage or career uncertainty because they’ve needed time to care for their family.
Wider Context: Parental Leave Reforms in April 2026
The Bereaved Partner’s Paternity Leave reforms sit alongside wider family-leave changes coming into force from 6 April 2026 via the Employment Rights Act 2025 and related regulations. These include:
- Day one rights for standard paternity leave for all eligible fathers/partners (removing the previous 26-week qualifying period).
- Extension of unpaid parental leave day one rights for working parents.
Taken together, these reforms modernise a patchwork of leave entitlements and align them more closely with lived experience, especially for workers who change jobs, have multiple responsibilities, or face unexpected family crises.
Practical Steps for Employers
For HR teams and business leaders, the key actions in preparation for April 2026 include:
Review and Update Policies: Draft or revise bereavement and family-leave policies to reflect the new statutory right.
Consider Pay Provisions: Decide whether the business will offer paid bereavement paternity leave as part of its enhanced package.
Train Managers: Equip people leaders with guidance on handling sensitive requests with empathy and consistency.
How Thrive Law can help:
To discuss your policies please contact us on: enquiries@thrivelaw.co.uk or learn more about our Training options.
