Statutory Bereaved Partner’s Paternity Leave: employer guide
Eligibility
Eligible employees can take Bereaved Partner’s Paternity Leave if the mother, main adopter or main intended parent of their child dies.
The ‘main adopter’ or ‘main intended parent’ would have been the person in an adoptive couple or surrogacy arrangement taking Adoption Leave.
It does not matter how long an employee has worked for you, how many hours they work or how much they are paid.
Eligibility criteria
Employees must be one of the following:
- child’s father
- spouse or partner of the mother or adoptive parent
- spouse or partner of the intended parent (if they’ve had their child with the help of a surrogate parent)
Employees qualify if all of these apply:
- the mother, main adopter or main intended parent died on or after 6 April 2026
- the child is less than a year old, if the employee is the father or is the spouse or partner of the mother or main intended parent
- they have the main caring responsibility for the child
- they’re taking the leave to care for the child
- they’re classed as an employee in England, Scotland or Wales
Eligibility for adoptive and surrogate parents
There are more criteria an employee needs to meet if they’re an adoptive parent or had the child with the help of a surrogate parent (the intended parent).
If the employee is an adoptive parent
The employee’s child must either have:
- been placed with them less than a year ago
- arrived in England, Scotland and Wales less than a year ago if they’ve adopted a child from overseas
If the employee had the child with the help of a surrogate parent
The employee’s child must be less than a year old.
The employee must have applied or intend to apply for a parental order within 6 months of the child’s birth.