Bereaved Partner’s Paternity Leave
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.