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Bereaved Partner's Paternity Leave From April 6: The Obligation Almost No Employer Has Heard Of

CA
ComplianceAlert Editorial·UK Regulatory Specialists
9 April 2026·7 min read

Bereaved Partner's Paternity Leave From April 6: The Obligation Almost No Employer Has Heard Of

From 6 April 2026, employees have a statutory right to take up to 52 weeks off work if their partner — the primary carer of their child — dies. Almost no employer has a policy for this. Most HR documentation we have seen does not mention it.

This is not a proposed change. It is already law under SI 2026/237. If you employ people, it applies to you from this Sunday.

Here is exactly what it means, who it covers, and what you need to update before April 6.


What Is Bereaved Partner's Paternity Leave?

Bereaved Partner's Paternity Leave (BPPL) is a statutory entitlement introduced under the Employment Rights Act 1996 as amended by the Employment Rights (Bereaved Partners) Regulations 2026 (SI 2026/237).

It gives employees the right to take up to 52 weeks of leave if their partner — defined as the primary carer of a child — dies. The leave can be taken in one block or in two separate blocks.

The employee becomes the sole surviving carer of the child. The leave is designed to give them time to grieve, manage childcare, and stabilise before returning to work.

Key details:

  • Maximum leave: 52 weeks
  • Notice requirement: Employee must notify employer within a reasonable period
  • Day-one right: No qualifying service period required
  • Rate: Statutory Paternity Pay rate (currently £184.03/week) for up to 2 weeks; remainder is unpaid unless your contract provides more
  • Applies to: All employees, from day one of employment
  • In force from: 6 April 2026

Why Almost No Employer Has Heard of This

The April 6 compliance conversation has been dominated by SSP day-one rights, holiday records retention, MTD ITSA, and the Fair Work Agency. These are all real and important obligations.

Bereaved Partner's Paternity Leave received almost no press coverage by comparison.

It is not in the mainstream HR media in the way SSP has been. Most employment lawyers we surveyed before writing this had not flagged it as a priority. Most contract review checklists circulating this spring do not mention it.

That is a problem. Because it is law. And it applies from Sunday.


Who Is Covered

The employee must be the child's surviving co-parent or co-carer following the death of the child's primary carer.

"Partner" for these purposes includes:

  • Married spouses
  • Civil partners
  • Unmarried cohabiting partners
  • Parents in same-sex couples
  • Adoption cases (where one carer dies)
  • Surrogacy arrangements (where the birth parent/primary carer dies)

The child must be under 18 at the time of the primary carer's death.

There is no qualifying period. An employee who starts work on Monday April 6 and whose partner dies on Tuesday has immediate statutory entitlement.


What Employers Must Do Before April 6

1. Update your written HR policy

If you have an employee handbook or HR policy document, it must now include a BPPL policy. This is not optional — it is a statutory right and employees are entitled to know their entitlements.

Your BPPL policy should cover:

  • Employee's right to up to 52 weeks leave
  • How to notify you of bereavement
  • Statutory pay entitlement (2 weeks at SPP rate)
  • Whether you offer enhanced contractual pay
  • How the leave interacts with your other bereavement leave policy

2. Update employment contracts

If your contracts reference statutory paternity leave or parental leave provisions, they now need a BPPL reference. The absence of a contractual term does not remove the statutory entitlement — but it creates confusion and may leave you exposed if a grievance arises.

3. Brief your managers

This is the obligation most businesses will trip over first. A manager who mishandles a bereaved employee's request — delays it, questions it, requires excessive notice — exposes your business to an Employment Tribunal claim.

Brief your people managers now. The obligation is real. A surviving parent asking for this leave is protected from the moment they notify you.

4. Check your sick leave and bereavement leave overlap

An employee who takes BPPL may also have existing bereavement leave entitlement under their contract. These interact. Make sure your HR team knows how they sit together.


The Fair Work Agency Angle

The Fair Work Agency launches on Monday April 7 with proactive inspection powers. Its initial focus includes NMW, SSP, and holiday pay — but its remit extends to all statutory employment rights.

BPPL is a statutory right. An employee who is denied it, or who is not informed of it, can bring a claim to an Employment Tribunal. The FWA will over time be a conduit for flagging cases where employers are unaware of or ignoring newer rights.

The window to get ahead of this is now.


Frequently Asked Questions

Does Bereaved Partner's Paternity Leave apply to all employers?

Yes. There is no minimum headcount. If you employ anyone in the UK, BPPL applies from 6 April 2026.

Is there a qualifying period for BPPL?

No. It is a day-one right. There is no minimum service requirement.

What happens if an employee doesn't give formal notice?

The regulations require "reasonable notification." What is reasonable will depend on circumstances. An employee whose partner dies suddenly and who notifies you the following morning is giving reasonable notice. You cannot require a formal process in the immediate aftermath of a bereavement.

How much does the employer pay?

Statutory Paternity Pay applies for up to 2 weeks (currently £184.03/week or 90% of average weekly earnings if lower). The remaining weeks are unpaid — unless your employment contract provides enhanced pay. You reclaim SPP from HMRC in the same way as other statutory payments.

Can the leave be taken in stages?

Yes. The employee can take it as one continuous block of up to 52 weeks, or in two separate blocks — with notice to the employer between them.

Does this interact with existing bereavement leave?

BPPL is separate from contractual bereavement leave. If your contracts offer paid compassionate leave, that typically covers the immediate period. BPPL covers the extended period of caring adjustment. The two can sit alongside each other — they do not replace each other.


What This Means in Practice

A 52-week entitlement is significant. For a small employer — a restaurant with 8 staff, a dental practice with 6, a building contractor with 15 — one employee taking 12 months of BPPL is a material operational event.

You cannot prevent it. You cannot make it conditional on a probationary period. You cannot require the employee to wait until a formal notice period has passed.

What you can do is plan for it. Update your policies, brief your managers, and consider whether your employment contracts need to provide for it — before Sunday.


How ComplianceAlert Helps

ComplianceAlert monitors changes to UK employment law, HMRC guidance, and statutory instrument updates across all sectors. When something like BPPL comes into force — even when it receives almost no press coverage — we alert you in plain English, tell you what it means for your business, and flag what you need to update.

We caught this one. There will be more like it.

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Summary: What to Do Before Sunday

  • ✅ Update your HR policy / staff handbook to include BPPL
  • ✅ Add a BPPL clause or reference to employment contract templates
  • ✅ Brief managers: it is a day-one right, no qualifying period
  • ✅ Check how BPPL interacts with your existing bereavement leave policy
  • ✅ Make sure payroll knows how to process SPP for BPPL

This is one of eight significant employment law changes taking effect on April 6, 2026. Most employers are only aware of one or two.


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