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This blog sets out what this is and how you can qualify for it.
Effective from 6 April 2026
The draft Bereaved Partner's Paternity Leave (BPPL) Regulations 2026 were laid before Parliament on 15 January 2025 and will come into force on 6 April 2026, subject to parliamentary approval.
They will apply where a bereavement takes place after 6 April 2026.
There is no statutory right to BPPL where the primary carer has died before 6 April 2026 but employers may choose to voluntarily provide a similar period of unpaid leave.
When does it apply?
This leave applies where a child's primary carer has died
within 52 weeks of birth of
adoption placement.
Why is this needed?
This form of leave is designed to fill the gap where a bereaved partner (usually but not always the father of the child) is not eligible for shared parental leave (SPL). The bereaved partner might not have a right to SPL due to insufficient length of service or because their now deceased partner had not met the SPL employment earnings test because they had not recently been in paid work.
What form does this leave take?
BPPL allows an employee to take a single period of leave for up to 52 weeks after birth/adoption where the child's primary carer has died during that period.
BPPL is a day-one right with no minimum qualifying period. The primary carer is the mother or the parent who has elected to be the adopter for the purposes of adoption leave or in surrogacy cases (aka parental order cases) the primary carer is the parent who opted to take adoption leave following the birth.
When can BPPL be taken?
Eligibility is for a single period of BPPL. It can only start
after a bereavement and must start and end within the paternity
leave eligibility period (52 weeks from the day after the
birth/placement). The employee can choose the start and end dates
and the length of the
leave.
The employee must notify the employer of their intention to take BPPL. Notice can be given orally or in writing. Leave can start immediately on notification. The Regulations set out the content of the notification.
Is BPPL paid?
No.
What protections does BPPL give?
- Other than pay all terms and conditions of employment apply during BPPL.
- Employer pension contributions apply if any part of the leave is paid.
- There is a right to return to the same job on no less favourable terms with seniority and pension rights preserved (in limited circumstances a suitable and appropriate alternative job may be permitted)
- There is a right to be offered a suitable alternative in redundancy for up to 18 months
- Protection from detriment and automatic unfair dismissal
- Statutory holiday (5.6 weeks) continues to accrue during BPPL
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.
