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The Government has confirmed further changes to bereaved partners' rights will apply from 6 April 2026. This follows the removal of the service requirement for bereaved fathers or partners to take paternity leave, with effect from 29 December 2025 (see here).
Where the child's primary carer dies before the child's first birthday, the father of the child or partner of the deceased will be entitled to take up to 52 weeks' bereaved partners' paternity leave before the child's first birthday, provided they have the main responsibility for the upbringing of the child. This will be a day one right, but there is no right to statutory pay. Draft regulations laid before parliament for approval on 13 January 2026 also provide for bereaved fathers/partners to remain on paternity leave for up to eight weeks where the child also dies, to take keeping in touch days during extended leave and to benefit from extended enhanced redundancy protection (mirroring protections available to those taking maternity leave). Similar rights are provided for those who have adopted a child.
The Government has also made regulations confirming that the changes in the Employment Rights Act 2025, making paternity and unpaid parental leave day one rights for all fathers/partners and removing the prohibition on taking paternity leave if shared parental leave has been taken, will apply from 6 April 2026 (although statutory paternity pay remains subject to a 26 week qualifying service requirement). Transitional provisions temporarily shorten the requirement to give notice of entitlement to paternity leave to 28 days and allow notice to be given from 18 February 2026, to ensure all those newly eligible can take their entitlement from 6 April 2026.
The newly extended rights will apply for children born on or after 6 April 2026, or with an expected week of childbirth starting on or after 5 April 2026, or where the primary carer dies on or after 6 April 2026.
Employers will need to update their family leave policies to reflect the new rights (and consider to what extent they wish to enhance the more limited right to statutory paternity pay).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
