Bereaved partner’s paternity leave: draft regulations published

New statutory right

The new right allows an eligible employee to take up to 52 weeks’ paternity leave where the child’s primary carer dies within 52 weeks of the birth or adoption placement. There is no minimum qualifying period of employment. The leave is available to fathers and partners of the child’s primary carer, provided they have main responsibility for the child’s upbringing and are taking the leave to care for the child.

The regulations set out who qualifies as a primary carer across birth, adoption and surrogacy arrangements, how and when leave can be taken, and the notice requirements. They also provide employment protections broadly equivalent to other family-related statutory leave, including protection from detriment and dismissal, redundancy priority rights, and the right to return to work.

The regulations do not create any entitlement to statutory pay, although employers may choose to offer enhanced contractual arrangements.

Subject to approval, they are due to take effect on 6 April 2026 and will apply where the child’s primary carer dies on or after that date.

For more information or advice, please contact Lucy Cinnamond in our Employment team.