Bereaved partner's paternity leave: what employers need to know
A new right for the hardest situation an employer will ever handle: an employee whose partner dies in their child's first year. The rules are new and guidance is still bedding in - here's what the official sources confirm so far.
From 6 April 2026, an employee whose partner - the child's mother or primary adopter - dies within the first year of the child's life or adoption can take up to 52 weeks of leave to care for the child, as a day-one right. There is no statutory pay: the leave is unpaid unless the employer chooses to pay. It applies to deaths on or after 6 April 2026, in England, Scotland and Wales. Sources: business.gov.uk; Acas.
What is bereaved partner's paternity leave?
Until this year, a father or partner whose partner died shortly after birth had only ordinary paternity leave - two weeks - plus whatever compassion their employer chose to show. Bereaved partner's paternity leave closes that gap. Per business.gov.uk, the right "came into effect on 6 April 2026" and supports employees who lose their partner, or the mother of their child, within the first year of the child's life or adoption.
The detailed rules sit in the Bereaved Partner's Paternity Leave Regulations 2026, with related notice provisions for parental-death cases commenced on 18 February 2026 by SI 2026/15. The right applies in England, Scotland and Wales - not Northern Ireland - and, per Acas, to deaths on or after 6 April 2026.
Who is eligible?
Following Acas's summary: the person must be an employee, must have responsibility for bringing up the child, and must be the child's father, or married to, the civil partner or partner of the mother (or parent who gave birth) or adopter. It is a day-one right - business.gov.uk is explicit that employees are eligible from the first day of employment, with no qualifying service. That mirrors the wider direction of the April 2026 changes, which also made ordinary paternity leave day-one and removed the service test for unpaid parental leave.
How long is the leave, and is it paid?
| Question | What the official guidance says |
|---|---|
| In force from | 6 April 2026, for deaths on or after that date |
| Qualifying service | None - a day-one right |
| Length | Up to 52 weeks, depending on when the bereavement occurs; the employee chooses the amount |
| How it's taken | In one block |
| Pay | No statutory pay - unpaid, unless the employer chooses to pay some or all of it |
| Where it applies | England, Scotland and Wales (not Northern Ireland) |
The absence of statutory pay is the honest, uncomfortable headline for employees: the time is protected, the income is not. Whether to pay anything is a decision each employer should make deliberately, in advance, and write into its bereavement or family-leave policy - not improvise in the week it's needed.
What notice does the employee have to give?
Per Acas: within 8 weeks of the death, the employee can notify verbally or in writing, before the leave starts. After 8 weeks, they must give at least 1 week's notice before the leave starts, in writing. Acas also notes the leave can sit alongside other entitlements - paternity leave, shared parental leave, ordinary parental leave or neonatal care leave - so an employee may reasonably combine them.
Treat the notice rules as a floor, not a gate to police. If a grieving employee rings their manager and says they need to be at home, that call is the process working.
What should employers do now?
The guidance is still bedding in - business.gov.uk and Acas cover the essentials above, but finer points (and any case law) will take time to settle, so check those sources before making decisions on a live case. In the meantime, the official employer guidance suggests:
- Review your bereavement and family-leave policies so the new right is reflected, including how it interacts with paternity and parental leave.
- Decide your pay position - the statutory right is unpaid; paying some of it is at your discretion.
- Brief line managers on handling these requests with care; the first conversation will almost always reach a manager before it reaches HR.
- Tell your staff the right exists. Nobody should discover it by searching gov.uk in the worst week of their life.
For the wider April 2026 picture, see our guides to the paternity day-one right and unpaid parental leave, the statutory rates 2026-27 reference, and our HR policy templates.
How CoDash helps
CoDash tracks statutory leave types out of the box and lets you add company-specific ones - so a bereaved partner's leave request is recorded, cover is visible, and the person's return date isn't held in anyone's memory. Sensitive details stay between the employee and HR. See time off and absence.
Frequently asked questions
What is bereaved partner's paternity leave?
A statutory right from 6 April 2026 for an employee whose partner - the child's mother or primary adopter - dies within the first year of the child's life or adoption. The bereaved partner can take up to 52 weeks of leave to care for the child, depending on when the bereavement occurs.
Is it a day-one right?
Yes - official guidance confirms employees are eligible from the first day of employment, with no qualifying service.
Is the leave paid?
No - there is no statutory pay requirement. It is unpaid unless the employer chooses to pay for some or all of it.
Can it be split into blocks?
No - per Acas, the employee chooses the amount but must take it in one block. It can sit alongside paternity, shared parental, ordinary parental or neonatal care leave.
Keep reading: All 66 HR guides · 30 free templates · 24 calculators
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CoDash tracks statutory leave types out of the box, keeps sensitive reasons between the employee and HR, and makes sure cover and return dates are on the record - so you can focus on the person, not the paperwork. Try it in the demo.
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