Partner’s Bereavement Leave: A Short Guide For Employers And Employees

A new right to Partner’s Bereavement Leave is set to give employees time off following pregnancy loss experienced by their partner under Bereaved Partner’s Paternity Leave Regulations 2026 which will come into force on 6 April 2026.#

What is it?

Partner’s Bereavement Leave provides a statutory right for fathers or partners to take up to 52 weeks’ unpaid leave, in one block, in the event that their child’s mother or primary carer (whether through surrogacy or adoption) dies.

It is expected to cover spouses, civil partners and those in a long-term relationship.

As with other statutory leave rights, protections against detriment and dismissal are likely to apply.

Why it matters

Previously, partners often had to rely on annual leave, sickness absence or unpaid time off for dependants. This new right introduces a clearer and more appropriate framework which fills a gap for these situations.

Notice requirements

If the leave is to start within 8 weeks of the mother’s / primary carer’s passing, then the employee must give an initial notice of intention:

• either orally or in writing before the employee is due to start work on the intended first day of leave; and
• must specify (1) the bereavement date; (2) the leave start date; (3) in a birth or parental order case, that the child was born; and (4) in adoption case, the date on which the child was placed for adoption (if UK adoption) or date the child entered the UK (if overseas adoption).

This needs to be followed up by a separate written notice of intended absence which must:

• be given no more than 8 weeks after the bereavement date and no less than 1 weeks before the intended return to work date;
• specify the intended return date;
• if the employee’s intended return date is more than eight weeks after the bereavement date:
  • confirm the date on which the child was born / placed for adoption (UK adoption) / entered the UK (overseas adoption); and
  • confirm that the purpose of the leave is to care for the child, and that the employee satisfies the relevant relationship conditions (above).

There are variations if the leave is to start later than within the 8 weeks following the bereavement and / or if the employee wishes to vary or cancel the leave.

Further considerations

Both employers and employees need to be aware of:

• an employee can utilise up to 10 Keep In Touch days (‘KIT Days’) during the Partner’s Bereavement Leave;
• an employee has the right to return to work either to their actual job or to a similar role (depending on circumstances and interactions with other leave periods before start of Partner’s Bereavement Leave);
• employees may not be subject to detriment or be dismissed by their employer because the employee took or was likely to take Partner’s Bereavement Leave or did or did not undertake KIT Days during the leave period.

Key implications

For employers

• Policy updates: Family leave and bereavement policies should be reviewed and updated;
• Manager awareness: Line managers should be equipped to respond sensitively and consistently and so relevant training may be appropriate and necessary;
• Clarity: Consider how this leave interacts with other entitlements and whether to enhance it (for example, offering pay).

For employees

• Clarity and support: A defined right to take time off in difficult circumstances;
• Legal protection: Likely protection from detriment or dismissal with taking the leave; and
• Greater openness: A more structured framework may make it easier to raise the request at work.

Practical points

• Employers should communicate the new right clearly and handle requests with care;
• Employers should consider whether training is required for line managers or senior management with regards to the appropriate handling of bereavement leave and associated notices and requests; and
• Employees should follow notification requirements to ensure absolute protection under the law. While practically some degree of flexibility is likely, we do not know how that will interact or affect the legislative rights.

Final thought

Partner’s Bereavement Leave is a relatively small but important development. While the entitlement itself is unpaid, the period of leave is not insignificant, and it signals a broader shift towards recognising the wider impact of loss more fully in the workplace.

Its effectiveness will depend on how thoughtfully it is implemented in practice.

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.