There are things to consider when going back to work after bereaved partner's paternity leave.
Important: Bereaved partner's paternity leave is a new type of leave. It applies from 6 April 2026.
The right to return to work
If an employee takes bereaved partner's paternity leave only, they have the right to return to the same job.
Someone might take bereaved partner's paternity leave after another type of leave. For example paternity leave, parental leave or neonatal care leave. Their right to return to the same job depends on how much total leave they've taken.
26 weeks' leave or less
An employee usually has the right to return to the same job, if they've taken 26 weeks' leave or less.
This right applies if someone has taken:
- bereaved partner's paternity leave only
- bereaved partner's paternity leave after another type of statutory leave – if they took less than 4 weeks of ordinary parental leave
More than 26 weeks' leave
If someone takes more than 26 weeks of leave, they have a right to return to work on the same terms as before.
In many cases this should be the same job as before.
However, if there have been significant changes to the organisation, an employer can offer a similar job instead. The job must be suitable and appropriate.
It cannot be worse than the previous job. For example, it must have the same or similar:
- pay
- benefits
- holiday entitlement
- seniority
- location
Getting legal advice
The law on returning to the same job can be complicated. An employer should understand their legal responsibilities. If the employee's right to return is not clear, the employer might want to get legal advice.
Changing the return date
An employee must tell their employer in writing if they want to change their return date. For example, in a letter or email.
They must give:
- at least 1 week's notice - if it's less than 8 weeks since the death
- at least 8 weeks' notice - if it's more than 8 weeks since the death
The relevant amount of notice must be given before both the old return date and the new return date.
If someone does not give the correct notice
If someone does not give the correct notice, by law the employer is allowed to:
- postpone their return
- ask them to give the correct amount of notice - they must tell the employee the new return date in writing
However:
- an employer cannot delay someone's return beyond the time they're eligible for the leave
- an employer can make their own decision - for example, they could let the employee return to work anyway
Example of not giving the correct notice
Cam wants to return to work earlier than planned. However, Cam cannot give the 8 weeks' notice needed.
The employer is not ready for Cam to return. This is because they need to give notice to the temporary cover person.
The employer explains this. They say that Cam can return 4 weeks early. Cam is happy with this.
Taking holiday
An employee still accrues (builds up) their holiday entitlement during bereaved partner's paternity leave.
They should agree with their employer when they will take holiday. This might affect their return to work.
For example, Rowan takes 6 months off work to care for their child. They take 5 months of unpaid bereaved partner's paternity leave. Then 1 month of paid holiday.
Find out more about holiday and other rights during bereaved partner's paternity leave
Support around returning to work
The returning employee should talk with their employer. This is to make sure they're ready to return and have any support they need.
Find out about:
Making job changes
Someone might want to make changes to their job after they return from leave.
Options might include:
- a temporary change in hours or duties
- a phased return
- flexible working
- changing to part-time
They should talk with their employer about this.
Leaving a job
If an employee wants to leave their job, they should follow the usual process for resigning.
It's a good idea to consider any handover that might be needed. The employee could use their keeping in touch (KIT) days for this.
Contact the Acas helpline
If you have any questions about bereaved partner's paternity leave, you can contact the Acas helpline.