The draft Bereaved Partner’s Paternity Leave Regulations 2026 were quietly published in early January 2026. If enacted, the Regulations will apply from 6th April 2026.

The Regulations introduce a new right to Bereaved Partner’s Paternity Leave (BPPL).

Who is entitled?

From 6^th April 2026, an employee is entitled to BPPL where:

• the child’s primary carer has died;
• the employee is the child’s father, or is married to or the civil partner of the child’s mother or adopter; and
• the employee has main responsibility for the upbringing of the child.

Only employees (not workers) qualify.

How much leave?

• A single period of up to 52 weeks’ unpaid leave.
• Leave must usually be taken within 52 weeks of the child’s birth or placement for adoption.
• Where the bereavement occurs within 13 days of the end of that 52-week window, the employee may still take up to 14 days’ leave, regardless.

Notice requirements

The notice regime depends on when leave is due to start:

Leave starting within 8 weeks of bereavement

• Notice may be given orally or in writing.
• It must be provided before the employee is due to start work on the first day of leave.

Leave starting more than 8 weeks after bereavement

• Notice must be in writing.
• It must be given at least one week before the intended start date.

All notices must include:

• the bereavement date;
• the proposed start date of leave; and
• the child’s date of birth or adoption placement (or date of entry into Great Britain for overseas adoptions).

Where leave is to start more than eight weeks after bereavement, the notice must also include:

• the intended return date;
• a declaration that the leave is being taken to care for a child; and
• confirmation of the employee’s relationship to the child.

Changing or cancelling leave

Employees may vary the start date, subject to further notice requirements, which again depend on whether the revised start date falls within or beyond the initial eight-week period following bereavement.

Leave may be cancelled in writing. No notice is required where leave was due to start within eight weeks of bereavement; otherwise, one week’s notice is required.

Return dates can also be varied in writing. Notice ranges from one week to eight weeks, depending on how far the original return date fell from the bereavement date.

Where the child also dies

If an employee would have been entitled to BPPL but the child has also died (or has been returned following adoption), they may still take up to eight weeks’ unpaid BPPL in the 52-week eligibility window, provided they had not already taken BPPL before the child’s death.

Employment protections

During BPPL:

• the contract of employment continues, except for remuneration;
• employees may take up to 10 Keeping in Touch (KIT) days; and
• protections relating to return to work, redundancy, detriment and unfair dismissal, apply, mirroring other family leave rights.

What HR should do now

HR policies should be updated (or created) ahead of April 2026 to reflect the new BPPL entitlement. Many employers will already be preparing to amend paternity leave policies to reflect the Employment Rights Act 2025 move to a day one right. 

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

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