Strengthened rights to paternity leave in cases of bereavement were introduced in December 2025, and further changes are expected in April 2026 to bring in a new Bereaved Partner’s Paternity Leave.
Background
Back in 2024, the Paternity Leave (Bereavement) Act 2024 (the ‘Act’) was passed by the previous government (as we noted here). The current Government is now bringing the provisions and rights envisioned by this Act into force as part of its broader commitment to strengthen family friendly rights. There have been two key developments:
- The Paternity Leave (Bereavement) Act 2024 came into force on 29 December 2025 and removes the six-month qualifying period for paternity leave where the mother or adopter of a child dies in childbirth or within a year of the birth or adoption.
- Following this, the draft Bereaved Partner’s Paternity Leave Regulations 2026 were laid before Parliament for consideration on 13 January 2026, which set out the proposed terms of a new entitlement to Bereaved Partner’s Paternity Leave (‘BPP Leave’).
We take a look at these in more detail below.
Removal of the Qualifying Period for Paternity Leave in Bereavement Cases
From 29 December 2025, in circumstances where the mother or adopter of a child dies in childbirth or within a year of the birth or adoption, the usual 26-week service requirement for paternity leave will be removed, and parents may be able to take paternity leave following a period of shared parental leave.
Notably, the upcoming changes to paternity leave under the Employment Rights Act 2025 (‘ERA 2025’), will remove the qualifying service period for paternity leave entirely in all cases (not just in circumstances of bereavement), along with the restriction on taking paternity leave following shared parental leave from 6 April 2026. This will, in effect, render these provisions unnecessary in due course. In any event, it is expected that the practical impact of these changes will be limited because to be eligible for statutory paternity pay, employees will still need to meet the 26-week service requirement.
BPP Leave
- Entitlement
BPP Leave will enable an eligible employee to take up to 52 weeks of paternity leave where the child’s ‘primary carer’ (their mother or adopter) dies in childbirth or within a year of the birth or adoption. There will be no minimum qualifying period of employment.
It will only be possible to take BPP Leave in a single block, which must start and end within 52 weeks of the day after birth or adoption placement. There is an exception where the bereavement takes place less than 14 days before the end of the 52-week period, in which case the period is extended to provide up to 14 days of BPP Leave. Further provision is made for employees to remain on BPP Leave for up to 8 weeks where the child also passes away.
- Relationship Conditions
The regulations set out the necessary relationship an employee must have with the primary carer who has died to be afforded BPP Leave. This relationship is the same as for ordinary paternity leave (i.e. either the child’s father or the spouse, civil partner, or partner of the child’s mother/adopter). Further, the employee must have the main responsibility for the child and be taking the leave to care for the child.
- Pay
There is no mention in the Act or the Regulations of any entitlement to statutory pay, and the provisions make clear that the employee’s terms and conditions of employment are preserved during BPP Leave except for remuneration. Therefore, as currently drafted it will be down to employers if they want to offer any pay for BPP Leave.
- Protections
The Regulations include similar protections as for other types of family leave, including entitlement to return to the same (or, in certain circumstances, a suitable and appropriate alternative) job, the right to be offered suitable alternative employment in a redundancy scenario that arises up to 18 months after the birth or adoption, protection from detriment and automatic unfair dismissal rights. Employees taking BPP Leave will also be able to take up to ten ‘keeping in touch’ days.
- Notice
Employees are required to give notice to their employer of their intention to take BPP Leave. The notice requirements vary depending on whether the employee proposes to take BPP Leave within 8 weeks of the bereavement or after this point. Additional provisions govern the variation or cancellation of BPP Leave.
The entitlement to BPP Leave is due come into effect from 6 April 2026 (subject to parliamentary approval) and will only apply to bereavements that occur on or after that date. It also applies in surrogacy cases.
What Should Employers Do?
Employers may want to review and update their current policies relating to bereavement or compassionate leave and family leave now, and ahead of April 2026 to be prepared for the introduction of BPP Leave. If you would like any assistance, please do get in touch.
Separately, employers should be aware that the ERA 2025 is set to introduce a new statutory day one right to unpaid bereavement leave for employees who experience the loss of a loved one. A consultation on this closed on 15 January 2026, and we are awaiting regulations setting out full details of how this further general entitlement to bereavement leave will work.
You can keep up to date with all developments concerning the Employment Rights Act 2025 via our Reform Hub.
