Bereaved Partner’s Paternity Leave: the new statutory right explained

In April 2026, along with other new rates and rights coming in under the Employment Rights Act 2025 (ERA), the new Bereaved Partner’s Paternity Leave right came into force. For many HR practitioners this right went under the radar, perhaps with good reason as focus remains on the big ticket ERA changes coming soon.

However this new statutory right is not inconsequential, and so to ensure that everyone is up to date: here is what you need to know about this new right.

What’s changing?

From April 2026, under the ERA, Paternity Leave is now a day one right for all eligible employees.

In addition to that, from April 2026, a bereaved partner will now also have a specific legal right to statutory Bereaved Partner’s Paternity Leave (BPLL) where the child’s mother (or primary adopter) dies shortly after the birth or placement.

This right provides the partner with a single period of up to 52 weeks’ unpaid leave. This leave must be used within 52 weeks’ of the child’s birth or placement of the for adoption.

The right applies from day one of employment, and is available provide the employee is:

• 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

Until now, maternity leave rights were tightly tied to the mother or adopter, with no recourse in law for what happens in the terrible event of their death. Whilst compassionate leave would be available for this situation, this is unlikely to stretch to a year and to cover the period needed to care for a newborn in such circumstances.

In the first 8 weeks after the bereavement, the employee must give either oral or written notice that they want to take BPLL on the first day of the leave. After those 8 weeks have passed, they must give at least one weeks’ notice in writing.

In addition to the leave, the employee taking BPLL would also be entitled to their contract continuing, up to 10 KIT days, and protections when returning to work including relating to redundancy, detriment and unfair dismissal. The intention being here that this should reflect other rights available for those taking maternity, adoption or shared parental leave.

What should employers be thinking about now?

We recommend that employers update or create a policy to deal with this new statutory leave, most likely incorporating it into any Bereavement Policy.

We would also recommend employers take a moment to reflect on the leave, and to consider if they want to offer any payment in relation to this leave. The right is to unpaid leave, meaning that whilst technically the employee could take this leave, in reality for most people this will not be possible due to it being unpaid. Employers could consider offering a short period of paid leave, or making the right reflective of the company maternity rights, to ensure equality for employees.

Next steps

Whilst no piece of legislation can remove the pain of losing a partner at such a critical moment, the new Bereaved Partner’s Paternity Leave right aims to remove uncertainty and give families protected time when they need it most.

For employers, understanding the change now can help avoid confusion – and difficult conversations – later. If you have any questions about this right, or would like a tailored review of your policies, please get in touch with our employment team.

Contact our ERA Specialists for Support Employment Rights Act 2025: Law Specialists Support – Clarkslegal LLP