Family friendly rights

The government launched a review of parental leave and pay (including carers' leave) which closed on 26 August 2025.

It is currently anticipated that the review will report its conclusions and make recommendations in January 2027.

Action

• Keep a watch on progress and how this impacts current parental policies.
• Employers should follow the review on parental leave and carers leave closely to see how closely their current policies align and anticipate where future changes may be needed.
• Employers may wish to consider now how they can support kinship carers, particularly with an older workforce who may be grandparents or other relatives/carers supporting young people. It has been indicated that this may form part of the government's wider review of the parental leave system.

In detail

• The government's review will look at the whole system of parental leave and pay including maternity and paternity leave, unpaid parental leave, shared parental leave, adoption leave etc.
• At present, the government has issued an initial call for evidence to ensure that the review focuses on the right issues.
• The government has stated that it will also review the implementation of carer's leave and consider whether there is a need to change the current approach, together with the benefits of introducing paid carer's leave.
• The government has indicated that kinship carers (who care for children who cannot live with their parents) will be included in the review of the parental leave system.  

A new statutory right to Bereaved Partner's Paternity Leave (BPPL) applies where a child's primary carer dies and the surviving partner is left solely responsible for a child in their first year of life or adoption placement. The right arises from day one of employment.

Implementation Status

• In force 6 April 2026.
   

Action

• While a detailed policy may not be appropriate, reference should be made to this new right and in general when an employee is entitled to it and the leave it provides in the applicable family leave policies and directing the employee to HR.
• It will be important for HR and managers to understand how this new right interacts with other statutory family leave rights, such as shared parent leave etc. Consideration should be given to whether or not any form of pay should be provided where an employee takes this right and if so, this should be clearly set out in the policy; there is no statutory right to pay for BPPL.
   

In detail

• A new statutory right to BPPL comes into force on 6 April 2026 applying where a child's primary carer dies and the surviving partner is left solely responsible for a newborn or young child. The right arises from day one of employment, with no minimum service requirement.
• An employee qualifies if they are the father of a child whose mother has died, or were the spouse, civil partner or partner of the deceased primary carer, an have, or are expected to have, principal responsibility for raising the child.
• Eligible employees may take up to 52 weeks of leave in a single continuous block, within the 52 week period, following the child's birth or adoption placement. There is no statutory pay entitlement attached to BPPL; whether or not the leave is paid is a matter for the employer.
• Where leave starts within eight weeks of the bereavement, an employee may give notice verbally before the first day of leave and confirm, in writing, within that eight week window. If leave begins later, at least one week's written notice is required.
• Employees are protected from detriment and automatic unfair dismissal connected to taking BPPL. Contractual terms continue during leave (except pay) and employees are entitled to return to the same role, or a suitable alternative where that is not reasonably practicable. Where BPPL lasts six weeks or more, enhanced redundancy protection applies for up to 18 months from birth or placement. Up to ten Keeping in Touch days may also be taken by agreement without bringing the leave to an end. 
   

Impact

• BPPL does not operate in isolation and careful consideration will need to be given to how it sits alongside other entitlements. As BPPL is unpaid, in some cases it may be more advantageous for the employee to take Shared Parental Leave where they qualify for this right. HR will need to be prepared to guide employees through the options.
• BPPL is a separate right from statutory parental bereavement leave. Statutory parental bereavement leave is available where a child dies rather than a primary carer. However, it is possible that both rights may apply where sadly more than one bereavement occurs.

The government has indicated that it supports a proposed amendment for bereavement leave for mothers and partners who experience pregnancy loss before 24 weeks.

Implementation Status

• Part of the Employment Rights Bill
• Amendment to the bill has brought early pregnancy loss into scope of the new statutory provisions
• Consultation expected autumn 2025
• Expected in force 2027.
   

Action

• This new bereavement leave right will need to be considered in light of any existing compassionate leave policy. A new policy may need to be drawn up or existing policies amended.
• Managers should be trained to ensure they are aware of the new right and how it sits with any existing compassionate leave policy and the existing statutory leave for bereaved parents of a child. Care will need to be taken in exercising the new right so that employees do not feel that they are under pressure not to utilise it and sensitivity and confidentiality will be particularly required in light of the extension of the right to cover losses after less than 24 weeks of pregnancy, particularly where a manager and the wider team may be unaware.  

In detail

• Employees will have a new statutory right to unpaid bereavement leave. Regulations will specify the qualifying relationships, the minimum period of leave (at least one week), and also the period in which the leave must be taken (which must extend to at least 56 days after the person's death). This will be a day one right.
• Parents will still be able to rely instead on the existing statutory right to two weeks paid parental bereavement leave following the death of a child under 18 or a still birth.
• Amendments have been proposed entitling employees in the event of a pre-24 week pregnancy loss to also benefit from this new right to unpaid leave.
• The existing protections on the employee's right not to be subjected to a detriment or dismissal for reasons relating to taking statutory bereavement leave on the death of a child will be extended to this wider right. 

Impact

 •    Employees currently have a day one right to take two weeks' bereavement leave if a child under the age of 18 dies (and those with 26 weeks service, ending with the week before the child died, are also entitled to receive statutory parental bereavement pay). Employees taking parental bereavement leave are also protected from detriment and dismissal. However, there is no general right to take bereavement leave outside of this (for example, when a spouse, parent or sibling dies), unless an employer operates its own compassionate leave policy or the employee can benefit from the statutory right to a reasonable time of unpaid dependants leave to deal with an emergency

•    There is an existing statutory right to "reasonable" unpaid time off for dependants but, while this would cover an immediate emergency following death, it "does not permit a person to take time off to grieve or recover from the mental impact of their bereavement". Annual leave is also not always available.

•    It is suggested that utilisation of this new statutory right may be low given that it is unpaid and, under the government's proposals, bereaved employees who are signed off sick will be entitled to statutory sick pay from day one of absence. However, the extension of the right to pre-24 week pregnancy loss will capture miscarriages (many of which will happen within the early weeks of pregnancy) and also unsuccessful IVF transfers and abortions. These matters will need to be dealt with sensitively.