Bereaved Partner’s Paternity Leave Regulations 2026

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.

The notice requirements reflect that an individual will be in a devastating and unforeseeable situation immediately after their partner’s death. Therefore, to start the leave in the first eight weeks after their partner’s death, they can give notice informally, any time before they are due to start work on their first day of absence. This could, for example, be a text message or a phone call to their employer. To take more than eight weeks after their partner has died, an employee must give one week’s notice in writing. This longer and more formal notice period balances the needs of employers with the flexibility needed by employees in these tragic circumstances.

Taking bereaved partner’s paternity leave will not affect a parent’s ability to take any other family leave entitlements they qualify for, such as shared parental leave. However, the entitlement must be taken in one continuous block. If an employee takes bereaved partner’s paternity leave to care for a child, and the child sadly passes away or an adoption placement ends, the bereaved partner will still be entitled to eight weeks of leave. This reflects that the leave is designed to support care responsibilities during an exceptionally difficult time. This approach is consistent with other forms of parental leave, such as adoption leave, helping to maintain a clear and coherent framework across family related entitlements.

Employees on bereaved partner’s paternity leave will be entitled to redundancy protections while on leave, regardless of how much leave they take. They will also be protected for 18 months from the birth or placement for adoption if they take six weeks or more continuous leave. This is equivalent to the protections given to those who take shared parental leave and neonatal care leave.

The Government have assessed the impact of bereaved partner’s paternity leave on businesses and found it to be minimal. We estimate an annual cost of approximately £0.9 million to businesses, mainly from reorganising work during employee absence. As the entitlement is unpaid, the cost is limited, and we considered the measures necessary and proportionate, given the tragic circumstances in which they will apply.

The Government appreciate the challenges businesses face in fulfilling their duties towards their employees. My officials are working with ACAS to ensure that guidance is available. The Government will also publish this guidance on 6 April on GOV.UK.

I take this moment to thank all those who have been involved in the development of the bereaved partner’s paternity leave. I hope they are as proud as I am of the difference this will make to families in one of the darkest periods of their lives.