My Lords, in moving these regulations, which were laid on 13 January, I will speak also to the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026 and the Employment Rights Act 1996 (Application of Section 80B to Parental Order Cases) (Amendment) Regulations 2026.
First, let me express my appreciation to my noble friend Lady Anderson of Stoke-on-Trent for successfully steering the Private Member’s Bill through this House to Royal Assent in 2024. I also thank the honourable Member for Bridgend, who was instrumental in guiding the Bill through the other place. I pay particular tribute to Aaron Horsey, who has campaigned with remarkable dedication on behalf of bereaved fathers following the tragic loss of his wife Bernadette shortly after the birth of their son, Tim; Aaron joins us here today.
The Parental Leave (Bereavement) Act 2024 established a new statutory entitlement to bereaved partner’s paternity leave of up to 52 weeks for employed fathers and partners if the mother or primary adopter dies in the first year of a child’s life or adoption. The Bereaved Partner’s Paternity Leave Regulations 2026 outline the details of this entitlement. The further two sets of regulations ensure that those having a baby through international adoption or surrogacy arrangements are in scope for leave.
Currently, fathers and partners in these tragic circumstances who do not qualify for paternity leave or shared parental leave must rely on the compassion of their employers to take adequate time off work to care for their child. Although the Employment Rights Act removes the continuity of service requirements for paternity leave, fathers and partners remain limited to a maximum of two weeks’ statutory leave. Bereaved partner’s paternity leave will plug this gap to ensure that bereaved partners are guaranteed a longer period off work to care for their child.
Thankfully, the number of people who face this situation is low. Each year, there are around 180 maternal deaths within 12 months of childbirth. We estimate that around half of those eligible will take up this leave, meaning that these regulations are likely to support about 90 bereaved partners each year. Some partners may be eligible for shared parental leave, which accounts for the reduced figure.
Bereaved partner’s paternity leave is a day one right, meaning that there is no continuity of service requirement. Bereaved fathers and partners will be able to start taking leave from the day after the death of the mother or primary adopter. The leave must end on the child’s first birthday or the first anniversary of their adoption, unless it is necessary to go beyond this date to ensure that an employee is always entitled to at least two weeks of leave.
To be eligible, the bereaved partner must be an employee rather than a worker or self-employed. They must be the child’s father or the mother’s or adopter’s spouse, civil partner or partner at the time of the mother’s or adopter’s death. They must also have main responsibility for the child’s upbringing and be taking the leave for the purpose of caring for the child. Together, these regulations will ensure that employees who lose their partner in the time surrounding childbirth or adoption will have access to a guaranteed period of leave to care for a new child.