Bereaved Partner’s Paternity Leave: what the new law means for employers
Frequently Asked Questions (FAQs)
Is BPPL different from compassionate leave?
Yes. BPPL is a specific statutory right, and not the same as discretionary compassionate leave.
Can the employee take other family leave as well?
Yes. This leave can be taken before or after other parental leave, such as paternity or shared parental leave, if applicable.
Does the employee need to give notice?
Notice requirements vary depending on timing, but are intentionally flexible, particularly in the immediate aftermath of the bereavement.
What if the employee is not eligible?
Even if the statutory eligibility criteria are not met, employers should still consider:
- Compassionate leave
- Parental leave
- Agreed unpaid leave
A failure to act reasonably may still create legal risk, as well as impact on staff morale.
From the 6th April 2026, UK employers must comply with a new statutory right known as Bereaved Partner’s Paternity Leave (BPPL). This significant change in employment law gives legal protection to employees who become the sole primary carer of a child following the death of the child’s mother or primary adopter within the first 12 months of the birth or adoption.
While the circumstances where the BBPL applies are likely to be rare, it’s important that both employers and employees understand their rights and responsibilities should such a tragedy occur. Below we’ll explore what the law requires, the practical steps businesses should take, and how employers can manage this sensitively while remaining legally compliant.
What is Bereaved Partner’s Paternity Leave?
Bereaved Partner’s Paternity Leave (BPPL) allows an eligible employee to take up to 52 weeks’ unpaid leave if their child’s mother, primary adopter, or main intended parent (in a surrogacy arrangement) dies within the first year of the child’s life or adoption.
Introduced as part of the Bereaved Partner's Paternity Leave Regulations 2026, BPPL applies across England, Scotland and Wales. The law is designed to ensure that a bereaved partner can take time off work with legal protection, in order to care for their child during an exceptionally difficult period.
BPPL is a day-one right, meaning that employees can take advantage of it no matter how long they have been working for an organisation. If the leave is taken within 8 weeks of the bereavement, it can be started immediately, although the employee in question must provide verbal or written notice to their employer before they are due to start work.
Why this matters for businesses
Until now, there was no specific statutory framework to deal with this situation. Employees relied on discretionary compassionate leave or ad hoc arrangements agreed with their employers, which created legal uncertainty and inconsistency.
From April 2026, this is no longer optional. Employers must understand and apply the new right correctly, or risk potential employment tribunal claims relating to unfair dismissal, detriment or discrimination.
It is also worth noting, however, that BPPL only marks the minimum statutory requirement for applicable bereavement leave. Individual employers may still choose to provide some or all of this time as paid leave, or make other arrangements to support the affected employee.
Who is eligible?
An employee may qualify for BPPL where:
- Their partner dies and that partner was:
- The child’s mother
- The primary adopter; or
- The main intended parent in a surrogacy arrangement
- The child is under 12 months old, or within the first year of adoption
- The employee has main responsibility for bringing up the child
- The individual is legally classed as an employee.
Importantly, this is a “day one right”, meaning that there is no minimum length of service required to qualify for BPPL, even for brand new employees.
How much leave can be taken?
Eligible employees can take up to 52 weeks’ unpaid leave. This leave must be taken as one continuous block, meaning that taking an initial period of leave and then further leave if required later is not covered by the BPPL. Once again, though, this is only the leave required by law, and does not prevent any organisation from providing more flexibility if desired.
The leave must generally be taken within 52 weeks of the child’s birth or adoption, although there may be exceptions. A grace period will apply for example if the death occurs very close to the end of the 52 week window, meaning that employers are encouraged to offer some leniency in such cases.
Is Bereaved Partner’s Paternity Leave paid?
By law, BPPL is unpaid. However, employers may freely choose to offer paid leave, enhance the statutory entitlement for affected employees, or align bereavement pay with existing maternity, adoption or bereavement policies.
While not legally required, the advent of Bereaved Partner Paternity Leave is encouraging many employers to review their existing policies to avoid employee relations issues, potential complaints or claims around unfair or unequal treatment, or possible reputational damage. Ultimately, BPPL exists to address an area where many employers already offered some situational flexibility, but for which affected employees previously had no legal standing.
Employment rights during the leave
During BPPL, the employee retains key statutory protections, including:
- Continuity of employment
- Accrual of annual leave
- Protection from unfair dismissal
- Protection from detriment due to taking the leave
- The right to return to work.
These protections closely mirror those that apply during maternity and adoption leave, making it common to mirror these policies in the creation or modification of a bereavement policy.
What should employers do when an employee becomes the sole carer?
When an employee is suddenly bereaved and becomes the sole carer of a child, how the business responds matters greatly.
Legally, employers must:
- Recognise and apply the statutory right to BPPL
- Avoid dismissing or disadvantaging an employee for taking the leave
- Ensure the employee’s role (or a suitable alternative) is available on return
Good practice for employers should include responding both sensitively and flexibly, accommodating the needs of the employee as much as possible. Leave options should be explained clearly and compassionately, with the understanding that the employee may be unable to consider the full ramifications of the choice and respond in a considered and timely manner.
The process should avoid any unnecessary bureaucracy where possible, and not be rigid or inconsiderate beyond what is absolutely necessary. Pay, benefits, and support options should be clearly outlined to provide as much reassurance as possible, helping the employee where possible to ensure that they can respond to the bereavement without having to worry about work.
Managers should be trained where needed to help support employees in such cases, while any internal policies should be updated to provide clear processes that need to be followed when such a bereavement occurs. ACAS specifically advises employers to support affected employees wherever possible, even where statutory eligibility is unclear.
Preparing your business for compliance
Employers should now:
- Update family leave and bereavement policies
- Train managers and HR teams on the new statutory right
- Review payroll and HR processes
- Consider whether enhanced or paid leave will be offered
- Ensure decisions are documented fairly and consistently
Fundamentally, BPPL will likely not change the way many employers would already react to an employee who is dealing with bereavement. What’s important is that employers put policies in place to ensure they meet the minimum requirements under the new law—and use this as an opportunity to consider whether they have the processes and training in place to respond in a compassionate way.
How we can help
This is a new and sensitive area of employment law, and mistakes can be costly. Legal advice is particularly important where:
- An employee’s eligibility is unclear
- There are operational pressures
- Redundancy or restructuring is being considered
- Enhanced benefits are under review
Our Employment Law team commonly advise businesses on compliance, policy drafting, and practical workforce management during complex and emotionally challenging situations.
To arrange a complimentary initial consultation and speak with a member of our team please call us today on 0800 999 4437, or click on the button below.
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