UK: Family Friendly Rights: Bereaved Partner’s Paternity Leave

Authors: Frances Ross, Corinna Harris, and Charlotte Stern 

Bereaved fathers and partners where a child’s mother, or the person with whom a child is placed or expected to be placed for adoption, dies during childbirth or within 12 months of the child’s birth or placement, have new rights and further changes will apply from 6 April 2026.

From 29 December 2025, bereaved fathers and partners have a day‑one right to paternity leave (the 26-week minimum service requirement to be eligible for paternity leave does not apply) where the child’s mother or adopter dies during childbirth or within the first year of the child’s birth or placement. In addition, they will not be prohibited from taking paternity leave if they have taken shared parental leave.

From 6 April 2026, a day-one right to take up to 52 weeks’ bereaved partner’s paternity leave will be available where the child’s mother or adopter has died in childbirth or within the first year of the child’s birth or placement, provided they have the main responsibility for the child’s upbringing and are taking this leave to care for the child.

There is no provision for statutory pay during this leave.

Key Action Points for Human Resources and In-house Counsel:

From 6 April 2026 paternity leave and unpaid parental leave will also become day-one rights, although the 26-week service requirement will still apply for statutory paternity pay.

Employers should ensure their policies are updated to reflect these new rights.