NEW UK STATUTORY ENTITLEMENT FOR EMPLOYEES: BEREAVED PARTNER’S PATERNITY LEAVE

Supporting families through the most difficult circumstances

From 06 April 2026, eligible employees in England, Scotland and Wales have a new statutory entitlement: Bereaved Partner’s Paternity Leave – this landmark employment right has been designed to support fathers and partners who are coping with the death of a child's mother, primary adopter, or intended parent during the first year of a child's life or adoption placement.

The introduction of this entitlement recognises the devastating reality faced by bereaved families and provides legal protection for those employees who need time away from work to care for their child and adjust to life-changing circumstances.

What is Bereaved Partner’s Paternity Leave? 

This new legislation that is now in place allows eligible employees to take up to 52 weeks of unpaid leave if their partner dies within the first year following the birth or adoption of their child.

The leave can begin from the day after the death and must generally be taken within the child's first year.  

Importantly, this is a "day one" employment right, meaning employees do not need a minimum length of service to qualify.  

Why does this matter?

This reform fills a significant gap in employment law by providing bereaved partners with dedicated time to: 

Care for their child during an exceptionally difficult period. 

• Manage practical and emotional responsibilities following bereavement. 

• Adjust to becoming the sole or primary caregiver.

• Maintain employment protections while taking leave. 

The entitlement reflects a growing recognition that family-friendly workplace policies must also provide support during times of difficulty and loss. 

What should employers do?

Employers should review and update their family leave policies to ensure they: 

• Reflect the new statutory entitlement. 

  
  

• Provide clear guidance to managers and HR teams. 

  
  

• Communicate the support available to affected employees should they require it. 

• Consider whether to enhance the statutory position through paid bereavement leave or additional wellbeing support. 

A positive step forward 

While it is hoped that very few employees will ever need to rely on this entitlement, its introduction represents an important step towards a more compassionate and supportive workplace. By recognising the unique challenges faced by bereaved partners, the law helps ensure that employees can prioritise their family when they need to most.

The introduction of Bereaved Partner’s Paternity Leave is also another example of the evolving landscape of family-friendly employment rights, requiring employers to review policies, procedures and manager guidance to ensure compliance and provide appropriate support to employees. At FG Solicitors we provide assistance with the implementation of legislative changes, updating workplace policies, managing complex family leave situations and reducing the risk of employee relations issues or legal claims.

If you would like support in reviewing your policies or understanding the impact of these new rights on your business, please do not hesitate to get in touch with us – Contact FG Solicitors today on 08081 729 322 or complete our quick contact form for a no obligation discussion!

Do not miss our latest updates! Follow us on LinkedIn.  

 Explore our Commercial, Corporate, Employment, Global Mobility and Commercial Real Estate legal services that will benefit your business

  This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.