Bereaved Partner’s Paternity Leave: The New 52-Week Right

The Bereaved Partner’s Paternity Leave Regulations 2026 fill the cruellest gap in family leave law: before them, a father whose partner died in childbirth had 2 weeks of paternity leave and nothing else. The new right transfers the year, though not the pay. What it covers and how to use it.

Who qualifies

• The child’s father, or the spouse, civil partner or partner of the mother, primary adopter or primary parental-order parent in surrogacy
• The primary carer died within 52 weeks of the child’s birth or adoption placement, on or after 6 April 2026
• The employee has main responsibility for the child’s upbringing since the death, and takes the leave to care for the child
• Employees only, but from day one - no service requirement. Workers and agency staff are outside the right.

The entitlement and its one big constraint

Up to 52 weeks of leave, running within 52 weeks of the birth or placement - but it must be taken as one continuous block. There is no dipping in and out: choosing to return to work ends the leave. The block can start immediately on the death or later, and if the bereaved partner had already taken Shared Parental Leave, the section 17 reform means prior SPL no longer blocks this leave.

Notice: built for crisis

Pay, protections and the practical gap

The statutory leave is unpaid - the regulations create leave, not a payment. What money there is: any untaken Statutory Paternity Pay (£194.32 for up to 2 weeks), Child Benefit and bereavement-related benefits (Widowed Parent’s or Bereavement Support Payment where the couple was married or cohabiting with children), and any employer compassionate or enhanced pay. Employment protections mirror maternity leave: terms and conditions continue, redundancy priority for suitable vacancies runs to 18 months after the birth or placement, and dismissal for taking the leave is automatically unfair.

Related guides

This article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting.

Frequently asked questions

Is Bereaved Partner’s Paternity Leave paid?

No - the statutory right is to leave only. Income during it comes from any unused Statutory Paternity Pay, bereavement benefits, Child Benefit and employer policy.

When did Bereaved Partner’s Paternity Leave start?

The regulations came into force on 6 April 2026 and apply where the child’s primary carer dies on or after that date, in England, Wales and Scotland.

How long can I take?

Up to 52 weeks, ending no later than 52 weeks after the child’s birth or adoption placement, as one continuous block.

Can I split the leave or return part-time during it?

No - it must be one continuous block, and returning to work ends it. Discuss a phased return or flexible working for afterwards instead.

Do I qualify if I already took Shared Parental Leave?

Yes. From 6 April 2026, prior Shared Parental Leave no longer prevents taking paternity-type leave, including this one.

What notice do I have to give?

If the leave starts within 8 weeks of the death, telling your employer before you would start work that day is enough, even orally - with written confirmation of key details within 8 weeks. Later starts need a week’s written notice.

Sources

• GOV.UK: Bereaved Partner’s Paternity Leave
• The Bereaved Partner’s Paternity Leave Regulations 2026
• ACAS: Time off for bereavement