The Paternity Leave (Bereavement) Act 2024 (PLB Act) came into force on 29 December 2025 and allows partners and fathers to take two weeks’ paternity leave from day one if their partner or the mother or adoptive parent of the child have died.
New regulations have been laid before Parliament which will extend these rights once approval has been received by the House of Commons and the House of Lords. These new Bereaved Partners Paternity Leave Regulations 2026 (the “Regulations”) set out a right to Bereaved Partner’s Paternity Leave (BPPL), of up to 52 weeks’ unpaid leave in the first year of the child’s life (or the child’s placement for adoption), if the child’s mother or primary adopter has died.
Who qualifies as a bereaved partner
To qualify as a bereaved partner, the “primary carer” must have died. The primary carer is either:
- The birth mother;
- The child’s adopter, or the parent who elected to be the adopter for adoption leave;
- The child’s primary parental order parent in surrogacy cases
The relationship between the primary carer and the employee also must be one of the following:
- The child’s father;
- The mother’s spouse or partner;
- The spouse or partner of the primary adopter or the parent who elected to be the adopter for adoption leave;
- The child’s primary parental order parent in surrogacy.
In order to qualify for BPPL, the employee must also have the main responsibility for the child’s upbringing and must be using the leave to care for the child.
Leave entitlement and protections
Bereaved parents are entitled to take leave within 52 weeks’ of the child’s death or the adoption breakdown. The leave must be taken in one period and can be up to 52 weeks’ within the 52 week eligibility period. If the child dies in the two weeks before the end of the eligibility period, the employee may take up to 14 days’ leave, even if this goes beyond the 52-week eligibility period.
The Regulations also provide protection of pension contributions during the period of leave, protection from detriment or automatic unfair dismissal and continuation of terms and conditions of employment (except remuneration).
The employee will have a right to return to the same job and to keeping-in-touch (KIT) days whilst on their period of leave.
Notice requirements for Bereaved Partners Paternity Leave
If an employee wishes to take BPPL within 8 weeks of the bereavement date they must give either written or oral notice. This must be given before the employee is due to start work on the first day they wish to take the leave.. If they employee wishes to take BPPL more than 8 weeks after the death of the child, they must give 1 weeks’ notice in writing. Once they have opted to take BPPL, the employee must notify the employer in writing and within 8 weeks of the bereavement, how much leave they wish to take and when they wish to return to work.
If the employee is taking more than 8 weeks’ BPPL, the written notice they provide must include confirmation of the birth or adoption date, the relationship the employee as to the child and a declaration stating that BPPL is being taken to care for the child.
Practical considerations for employers
These Regulations will have a significant impact on employers and require amendments to policies and procedures in place. Employers should therefore ensure that relevant leave policies are updated to reflect these changes before implementation in April 2026. There should be a clear process for requesting bereavement leave that is readily available to employees by the time these measures come into force.
Employers should also consider creating guidance and providing training to managers to ensure that any bereavement situations are handled compassionately and with care.
If you require assistance in relation to these Regulations or require any help updating your policies, please contact a member of our team: employment@wslaw.co.uk.