You may be able to get unpaid time off work to look after your child if the mother, main adopter or main intended parent of your child dies. The ‘main adopter’ or ‘main intended parent’ would have been the person in an adoptive couple or surrogacy arrangement taking Adoption Leave. Your child must be less than a year old, or if you’re an adoptive parent, must have been in your care for less than a year. You must also be classed as an employee in England, Scotland or Wales. How it works You can take Bereaved Partner’s Paternity Leave until: your child turns one the first anniversary of your child’s adoption placement (or arrival in England, Scotland or Wales if they were from overseas) You can take it before or after any other parental leave and pay you’re eligible for. Bereaved Partner’s Paternity Leave can be taken by anyone who meets the eligibility criteria , including those in same sex partnerships. You can start the leave from the day after the mother, main adopter or main intended parent of your child dies. You’ll need to take it all in one continuous block. There are rules about when you need to give notice , depending on when you take the leave. Your employment rights when on leave Your employment rights are protected while on leave. This includes your right to: pay rises build up (accrue) holiday return to work

What you’re entitled to

You can take unpaid leave from the day after the mother, main adopter or main intended parent of your child dies if you’re eligible . It must finish by the end of either: your child’s first birthday the first anniversary of your child’s adoption placement (or arrival in England, Scotland or Wales if they were from overseas) This means you can take up to 52 weeks’ leave - depending on when the death happened and when your child was born, placed with you or arrived in England, Scotland or Wales. You must take leave in one continuous block. Example Tom’s partner dies when their child is 3 weeks old. He starts his leave the day after his partner’s death. He can take 49 weeks of Bereaved Partner’s Paternity Leave, finishing on his child’s first birthday. Example Sarah and her partner adopt a child from the UK. Sarah’s partner takes Adoption Leave. Their child is placed with them on 2 February. Sarah’s partner dies on 6 April. Sarah starts her leave the day after her partner’s death. She can take 43 weeks of Bereaved Partner’s Paternity Leave, finishing on the first anniversary of the date their child was placed with them. If the death was less than 14 days before the child’s first birthday or anniversary of adoption You can take up to 2 weeks of leave if the death was less than 14 days before either: your child’s first birthday the first anniversary of your child’s adoption placement (or arrival in England, Scotland or Wales if they were from overseas) The leave must end within 14 days of the death. Example Jared’s partner dies 2 days before their child’s first birthday. Jared starts his leave the day after his partner’s death. He can take 2 weeks of Bereaved Partner’s Paternity Leave. If your child dies while you’re on leave The leave must end within 8 weeks, starting from the Sunday after your child’s death, unless your employer agrees otherwise. You may be eligible to take Statutory Parental Bereavement Pay and Leave after your Bereaved Partner’s Paternity Leave ends. If your adopted child is no longer in your care The leave must end within 8 weeks, starting from the Sunday after your child stopped being in your care, unless your employer agrees otherwise.

Check if you’re eligible

To be eligible, the mother, main adopter or main intended parent of your child must have died on or after 6 April 2026. The ‘main adopter’ or ‘main intended parent’ would have been the person in an adoptive couple or surrogacy arrangement taking Adoption Leave. You must be one of the following: the child’s father the spouse or partner of the mother the spouse or partner of the main adopter or intended parent All of the following must also apply: your child is less than a year old, if you’re the father or the spouse or partner of the child’s mother you have the main caring responsibility for your child you’re taking time off to care for your child you’re classed as an employee and employed in England, Scotland or Wales It does not matter how long you’ve been with your employer, how many hours you work or how much you get paid. There are more criteria you need to meet if you’re an adoptive parent or had your child with the help of a surrogate parent. If you’re an adoptive parent Your child must either: have been placed with you less than a year ago have first arrived in England, Scotland or Wales less than a year ago, if you’re adopting a child from overseas If you had your child with the help of a surrogate parent Your child must be less than a year old. You must apply or intend to apply for a parental order within 6 months of your child’s birth date. If you’re not eligible There’s other help and support available. You may be eligible for other benefits.

Taking other parental leave

You can take Bereaved Partner’s Paternity Leave before or after any other parental leave and pay you’re eligible for, such as: Paternity Pay and Leave Shared Parental Leave and Pay Neonatal Care Pay and Leave unpaid parental leave Bereaved Partner’s Paternity Leave must be taken in one continuous block. Parental leave must be taken within a specific time period, for example, Neonatal Care Leave must be taken within 68 weeks of your child’s birth date. Example Jin’s partner dies when their child is 28 weeks old. Jin and his partner have already taken 41 weeks of Shared Parental Leave. Jin takes the remaining 9 weeks of Shared Parental Leave that he’s entitled to. He can then take 15 weeks of Bereaved Partner’s Paternity Leave, finishing on his child’s first birthday. Example Amira’s partner dies on the day their child is born. Their child spends 5 weeks in Neonatal care. Amira can take 52 weeks of Bereaved Partner’s Paternity Leave, ending on her child’s first birthday. She can then take 5 weeks of Neonatal Care Pay and Leave, finishing within 68 weeks of her child’s birth date. If you have started Paternity Leave If you have already started Paternity Leave, you can take Bereaved Partner’s Paternity Leave after it has finished. If you have started Shared Parental Leave If you have already started Shared Parental Leave, you can take Bereaved Partner’s Paternity Leave: after your Shared Parental Leave has finished between 2 blocks of Shared Parental Leave (you must take Bereaved Partner’s Paternity Leave in one continuous block) If you have started Neonatal Care Leave If you have already started Neonatal Care Leave, you can take Bereaved Partner’s Paternity Leave after it has finished. If you have started unpaid parental leave If you have already started unpaid parental leave, you can take Bereaved Partner’s Paternity Leave after it has finished.

You must give your employer notice before you take Bereaved Partner’s Paternity Leave. How much notice you need to give depends on when you want to take leave. You do not need to give proof of death. If you start your leave in the first 8 weeks after the death You must tell your employer before you start work on the first day of leave. You can do this over the phone, in person or in writing, for example by email or text message. You need to tell your employer: the date that the mother, main adopter or main intended parent of your child died the date you want the leave to start your child’s date of birth - or if they are adopted, their placement date or the date they first arrived in England, Scotland or Wales You do not have to tell your employer when you’ll return until the end of the first 8 weeks after the death. If you want to return to work in the first 8 weeks You’ll need to give your employer a week’s notice in writing. If you want to take more leave If you want to take more leave after the first 8 weeks after the death, you must: tell your employer how much leave you want to take confirm that the leave is to care for your child and that you meet the eligibility criteria You’ll need to do this by the end of the first 8 weeks after the death in writing, for example by email or text message. If you start your leave more than 8 weeks after the death You must tell your employer at least a week before your planned leave. You’ll need to do this in writing, for example by email or text message. You need to tell your employer: the date that the mother, main adopter or main intended parent of your child died your child’s date of birth - or if they are adopted, their placement date or the date they first arrived in England, Scotland or Wales the date you want the leave to start the date you plan to return to work You’ll also need to confirm that you’re taking the leave to care for your child and that you meet the eligibility criteria . Get free advice from ACAS You can call the ACAS helpline for advice about Bereaved Partner’s Paternity Leave and your rights.

Cancel or change your leave

You can cancel or change your Bereaved Partner’s Paternity Leave. You’ll need to give the correct amount of notice, unless your employer agrees otherwise. You must do this in writing. Cancelling your leave If you’re due to start leave in the first 8 weeks after the death You must tell your employer before the first day of planned leave. If you’re due to start leave more than 8 weeks after the death You must tell your employer at least a week before the start of the planned leave. If you want to rebook leave you’ve cancelled You can rebook it if you give your employer the correct notice . Changing your leave If you’re due to return to work in the first 8 weeks after the death If you want to return to work on an earlier date, you’ll need to tell your employer at least a week before the new date. If you want to return to work on a later date, you’ll need to tell your employer at least a week before the original date. If you’re due to return to work more than 8 weeks after the death If you want to return to work on an earlier date, you’ll need to tell your employer at least 8 weeks before the new date. If you want to return to work on a later date, you’ll need to tell your employer at least 8 weeks before the original date. Get free advice from ACAS You can call the ACAS helpline for advice about Bereaved Partner’s Paternity Leave and your rights.

There’s more help and support available and you may be entitled to benefits. Benefits calculators Use a benefits calculator to see what help you can get from: Universal Credit Child Benefit Bereavement benefits You might also be eligible for Bereavement Support Payment . Advice and support There’s guidance on help and support after someone dies . You can also find bereavement services and support from your local council .

Bereaved Partner’s Paternity Leave

Overview

You may be able to get unpaid time off work to look after your child if the mother, main adopter or main intended parent of your child dies.

The ‘main adopter’ or ‘main intended parent’ would have been the person in an adoptive couple or surrogacy arrangement taking Adoption Leave.

Your child must be less than a year old, or if you’re an adoptive parent, must have been in your care for less than a year.

You must also be classed as an employee in England, Scotland or Wales.

How it works

You can take Bereaved Partner’s Paternity Leave until:

your child turns one
the first anniversary of your child’s adoption placement (or arrival in England, Scotland or Wales if they were from overseas)

You can take it before or after any other parental leave and pay you’re eligible for.

Bereaved Partner’s Paternity Leave can be taken by anyone who meets the eligibility criteria, including those in same sex partnerships.

You can start the leave from the day after the mother, main adopter or main intended parent of your child dies. You’ll need to take it all in one continuous block.

There are rules about when you need to give notice, depending on when you take the leave.

Your employment rights when on leave

Your employment rights are protected while on leave.

This includes your right to:

pay rises
build up (accrue) holiday
return to work

View a printable version of the whole guide

Bereaved Partner’s Paternity Leave

Overview

How it works

Your employment rights when on leave

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Bereaved Partner’s Paternity Leave

Overview

How it works

Your employment rights when on leave

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