By Jo Seery, Professional Support Lawyer
The draft Bereaved Partner’s Paternity Leave Regulations 2026 were laid before parliament on 13 January 2026. Subject to approval by both Houses, the Regulations will provide for a bereaved employee to have up to 52 weeks’ of leave available during the first year of their child’s life ( or the first year of the child’s adoption) from the day on which the child’s primary carer dies If passed the Regulations are intended to come into force on or after 6 April 2026.
Background
The Regulations give effect to the Paternity Leave (Bereavement) Act 2024, which came into force in December 2025. The Act removed the 26 weeks qualifying period for paternity leave in bereavement cases and required further regulations to set out the details of the new entitlement.
Who Is Covered
The day one right applies to fathers and partners where the mother or the person with whom a child is placed or expected to be placed for adoption has died in the first year after birth or adoption
Leave Entitlement and Protections
The Regulations also provide for,
- redundancy protection when a bereaved employee returns to work from paternity leave; and
- allow bereaved employees to work for their employer without bringing their leave to an end.
