Bereaved partner’s paternity leave

See full details and actions employers need to take. The changes include: 

• eligible employees having a statutory right to take a single period of up to 52 weeks of unpaid leave, depending on when the bereavement occurs

• leave can be taken at any point within 52 weeks of the child’s birth or adoption placement

• leave being a day one right, with no minimum service requirement

• leave being unpaid (in law), though employers may choose to offer contractual pay. 
   

The entitlement applies where the: 

• child is under one year old, or within the first year of adoption, at the time of the bereavement

• child’s mother or primary carer has died

• employee is the child’s father or is married to or the civil partner of the child’s mother or adopter

• employee has main responsibility for the child after the bereavement. 

Employer considerations: 

• The employees’ contract of employment continues, except for remuneration. 

• Employees may take up to ten keeping in touch (KIT) days. 

• Protections relating to return to work, redundancy, detriment and unfair dismissal apply, mirroring other family leave rights. 

• Employers may give flexible notice, including the option to give oral notice if leave needs to start within eight weeks of the bereavement. 
   

Employer actions:

• Employers are advised to ensure they are aware of the changes within the legislation and should review the updates and advice from the government. 

• Review your bereavement and compassionate leave policies. 

• Develop or update a specific policy for bereaved partner's paternity leave. 

• Ensure managers understand the new entitlement and the flexibility required around notice.