What the law says
Bereaved partner's paternity leave allows some fathers and partners time off work, if their partner dies.
The law is the Bereaved Partner's Paternity Leave Regulations 2026.
Important: This is a new law. It applies from 6 April 2026.
How this leave works
Bereaved partner's paternity leave is for the partner of someone who has died. It applies to deaths that happen on or after 6 April 2026.
It can be used when someone dies within the first year of their child's life or adoption. The person who's died must be either:
- the mother or parent who gave birth
- the primary adopter
- an intended parent having a baby through surrogacy
The father or partner can take up to 52 weeks' unpaid leave to care for their child. They can choose the amount of time. They must take it in one block.
In most cases, they must take the leave within 52 weeks of either:
- the child's birth – including intended parents in a surrogacy
- the child's adoption placement
- the child's entry to Great Britain for overseas adoptions
There's an exception, if the death happens less than 14 days before the end of the 52 weeks. The father or partner can still take 14 days' leave.
This is a 'day one right'. This means someone can take leave from the first day of employment. It does not matter how long they've been in their job.
Who can take this leave
The father or partner must have responsibility for bringing up the child.
They must be at least one of the following:
- the child's father
- married to, the civil partner or partner of the mother or parent who gave birth
- married to, the civil partner or partner of the primary adopter
This includes same-sex partners.
Someone who separated from their partner can still take this leave. They must have ongoing responsibility for bringing up the child.
Anyone taking this leave must also have the legal status of employee.
Someone is not likely to be an employee if they're:
- an agency worker
- a casual worker
- on a zero-hours contract
If someone is not eligible
Not everyone in this situation will be eligible for this leave. But it's likely they will still need some time off.
They might be able to take a different type of leave. Their employer should talk with them. They should agree together what time off they can take.
This is likely to be a very difficult and upsetting time. The person's employer should support them as much as they can.
Find out more about supporting someone after a death
Pay
Bereaved partner's paternity leave is usually unpaid. But an employer can choose to pay for some or all of the leave.
An employee might need to pay some money back if they do not return to work. It depends on their contract. This does not apply to unpaid leave.
An employer should make this clear in:
- employment contracts
- their bereavement policy, if they have one
Giving notice and starting leave
The person taking the leave should tell their employer as soon as they can.
Employers should be flexible and compassionate. They could allow for someone else to tell them about the death. For example, a friend or family member.
The formal notice to take leave must come from the employee themselves.
Less than 8 weeks after the death
If it's less than 8 weeks since their partner died:
- the leave can start straight away if needed
- they can tell their employer verbally or in writing, for example a letter or email
- they must tell their employer before they're due to start work that day
If the notice is given verbally, the employer should confirm this in writing. For example, in a letter or email.
More than 8 weeks after the death
If it's more than 8 weeks since their partner died:
- they must give at least 1 week's notice before they start the leave
- they must tell their employer in writing
What to tell the employer
The employee must tell their employer:
- the date their partner died
- the date they will start bereaved partner's paternity leave
- for birth and surrogacy – the date of the child's birth
- for UK adoptions – the date the adoption placement started
- for overseas adoptions – the date the child entered Great Britain
If it's less than 8 weeks since the death, they must also say how much leave they're taking. They do not need to do this straight away. They must confirm this in writing within 8 weeks and at least a week before the return date.
If it's more than 8 weeks since the death, they must also confirm in writing:
- their relationship with the child
- that they have cared for or intend to care for the child
- the date they plan to return to work
Adding to other types of leave
If an employee is entitled to other types of leave, they could add this leave to it. This might give them more time off to care for their child.
They can add it before or after the other leave.
Other types of statutory leave are:
For example, Ali's partner dies when their child is 6 months old. At the time, Ali is taking some shared parental leave. Ali decides to take another 3 months off work, using bereaved partner's paternity leave.
Changing or cancelling leave
To change the start date:
- if it's less than 8 weeks after the death – they should tell their employer the new start date either verbally or in writing
- if it's more than 8 weeks after the death – they must tell their employer in writing, and give at least 1 week's notice before the new start date
To change the return date, they must give enough notice. Find out more about returning to work.
To cancel the leave, they must tell their employer in writing before the leave is due to start. For example, in a letter or email. They must give at least 1 week's notice if the agreed start date is more than 8 weeks after the death.
If the child also dies or an adoption ends
A father or partner who would have been entitled to bereaved partner's paternity leave can still take up to 8 weeks if:
- their child also dies
- their adoption placement ends – for example the child is returned to the adoption agency
- there's a problem with their parental order for surrogacy and there's no time to appeal or reapply – for example they do not apply in time, or their parental order is refused or withdrawn
This right applies if they have not already taken bereaved partner's paternity leave for the same child.
If someone's child dies, they might also be entitled to parental bereavement leave.
Get more advice and support
If you have questions about bereaved partner's paternity leave, you can contact the Acas helpline.
You can find more general advice and support on:
Employers can use our bereavement policy template to create or update a policy.