New draft regulations have been laid before parliament that will introduce an extended right to paternity leave for bereaved partners: a significant and sensitive change that employers should be aware of.
Laid before parliament on 13 January, 2026, the draft Bereaved Partner’s Paternity Leave Regulations 2026 will create a right to take up to 52 weeks’ paternity leave where a child’s primary carer (usually the mother or adoptive parent) dies within 52 weeks of the child’s birth or adoption placement.
These regulations build on the Paternity Leave (Bereavement) Act 2024, which came into force on 29 December, 2025.
Why this change has been introduced
The legislation is intended to support fathers or partners following the death of a mother or adopter during childbirth or within the first year of a child’s life.
In these tragic circumstances, the surviving partner may suddenly become the child’s main carer, and the law aims to give them the time and protection needed to care for the child.
To support this, the Act amended the Employment Rights Act 1996, removing the usual six-month qualifying period for paternity leave in bereavement situations. Further regulations were required to set out how this new right will work in practice which is what the draft regulations now provide.
When will the new right apply?
It is intended that the regulations will come into force on 6 April, 2026.
The leave will be a day one right, meaning employees will not need any minimum length of service to qualify.
Who will be eligible?
Bereaved Partner’s Paternity Leave (BPPL) will apply where:
- The child’s primary carer has died
- The employee has the required relationship to the deceased
- The employee has main responsibility for the child’s upbringing
- The leave is being taken to care for the child
How much leave can be taken?
BPPL will be taken as one continuous period of leave, which must end within the paternity leave eligibility period. This period runs for 52 weeks from the day after the child’s birth or adoption placement.
Employees will be able to choose:
- When the leave starts
- When it ends
- The overall length of the leave
If the bereavement occurs less than 14 days before the end of the eligibility period, the period will be extended to allow the employee to take up to 14 days of BPPL.
Notice and employment protections
Notice requirements are expected to apply, and employees taking BPPL will benefit from the same protections that apply to other types of family-related leave.
Will this leave be paid?
Importantly, neither the Act nor the draft regulations provide for statutory pay during BPPL. As a result, the leave will be unpaid, unless an employer chooses to offer pay through a contractual arrangement.
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