By Jo Seery, Professional Support Lawyer
The government has confirmed that new Bereaved Partner’s Paternity Leave provisions will take effect from 6 April 2026. The draft Bereaved Partner’s Paternity Leave Regulations 2026 were laid before Parliament on 13 January 2026. They will give bereaved fathers and partners the right to take up to 52 weeks of bereaved partners paternity leave where the mother or primary adopter dies within the first year following the child’s birth or placement for adoption.
Who Is Covered
The entitlement applies to the father of a child whose mother has died, or who was the spouse, civil partner or partner of a child’s deceased primary carer. It is an extended form of unpaid paternity leave to enable bereaved partners to care for the child and applies where the mother primary caregiver dies on or after 6 April 2026.
Leave Entitlement and Protections
The new provisions apply to an employee from day one in employment and include:
- Up to 52 weeks of unpaid paternity leave in the first year following the bereavement.
- Protection during the period of leave, including preservation of terms and conditions of employment.
- The right to be offered a suitable alternative job in a redundancy situation.
- The right to up to ten keeping in touch days.
Impact
While the new right provides for additional leave to care for a child at a difficult time, it is unpaid. It therefore remains to be seen how many families will be able to benefit from this provision.
