Bereaved Partner’s Paternity Leave - April 2026

Scope

This policy covers all employees including centrally employed teachers but excludes staff on the complement of locally managed schools for whom a separate policy applies. In the absence of a policy agreed locally by individual schools the principles of this policy should be followed.

What is bereaved partner's paternity leave?

Bereaved partner's paternity leave is an extended form of unpaid paternity leave. It is intended to support employees in the sad event that the mother or adopter of their child dies within the first year of their child's life or adoption.

Requesting support

If you are finding things difficult at work, you are encouraged to speak to your line manager so that we can understand how best to support you. If, for any reason, you do not feel able to speak with your line manager, you can instead contact your HR Business Partner for advice.

These conversations may feel very personal, and you should only share what you feel comfortable discussing. However, being open about any difficulties can help us to ensure that you receive the right support.

Any information you choose to share with your line manager or your HR Business Partner will be treated sensitively and in strict confidence.

Entitlement to bereaved partner's paternity leave

You can take bereaved partner's paternity leave if you are taking the leave to care for the child and you meet the relevant conditions below.

In a birth situation, where the child's mother dies
 
You will be eligible if:

•    the child's mother dies on or after 6 April 2026;
•    you are the child's biological father, or were the spouse, civil partner, or partner of the child's mother immediately before their death; and
•    you have the main responsibility for the child's upbringing.

In an adoption situation, where the child's adopter dies
 
You will be eligible if:

•    the child's adopter dies on or after 6 April 2026;
•    you were the spouse, civil partner, or partner of the child's adopter either on the date the child was placed for adoption (or, in the case of an overseas adoption, the date the adopter received the official notification), or immediately before their death; and
•    you have the main responsibility for the child's upbringing.

To take bereaved partner's paternity leave, you will need to follow the notification procedure set out below. Please note that the notice requirements differ depending on whether you choose to start your leave within the first eight weeks after the bereavement date or more than eight weeks after that date.

Amount of bereaved partner's paternity leave you can take

You can take up to 52 weeks of bereaved partner's paternity leave. The amount of leave available to you will depend on the bereavement date and when the leave is taken.
 
Any bereaved partner's paternity leave must be taken in one continuous period.

Timing of bereaved partner's paternity leave

You can choose to start your leave on any day after the bereavement.

You do not need to decide your leave dates straight away, but all bereaved partner's paternity leave must be taken within 52 weeks of the day following the child's birth.

In the case of an adopted child, the 52-week period runs from the day after the child was placed for adoption, or, for adoptions from overseas, the day after the child entered Great Britain.

If the bereavement occurs within 13 days before the end of the relevant 52-week period, you may take your bereaved partner's paternity leave up to 14 days after the bereavement, even if this falls outside the 52-week period.

Notice to take bereaved partner's paternity leave

The amount of notice that you need to give to take bereaved partner's paternity leave will depend on when you plan to start your leave. This is set out below.

If you plan to start your leave within the first eight weeks after the bereavement

Step 1 - Informal notice

You may start your leave immediately, provided that you contact your line manager by telephone, email, voicemail or text message before you are due to start work on your first day of absence.

When you make contact, you will be asked to confirm:

•    the date of the bereavement;
•    when you would like your leave to start; and
•    the child's date of birth, placement for adoption, or entry into Great Britain.

You do not need to provide this information in writing at this time as we understand that this will be a very difficult time.

Step 2 - Written notification 

At a later stage, within eight weeks of the bereavement date, and at least one week before you plan to return to work, you will need to confirm the date that you intend to return to work to your line manager.

If you plan to return to work more than eight weeks after the bereavement date, you will also need to confirm in writing to your line manager:

•    the child's date of birth, placement for adoption, or entry into Great Britain;
•    that the purpose of the leave is to care for the child; and
•    that you meet the relationship conditions for bereaved partner's paternity leave.

Once your Bereaved Parental Paternity Leave has been agreed with your line manager you should apply for the leave through My View via My Forms.

If you plan to start your leave more than eight weeks after the bereavement

You will need to give your line manager at least one week's written notice before your leave is due to begin. Your notice must confirm:

•    the date of the bereavement;
•    when you would like your leave to begin;
•    the date that you intend to return to work;
•    the child's date of birth, placement for adoption, or entry into Great Britain;
•    that the purpose of the leave is to care for the child; and
•    that you meet the relationship conditions for bereaved partner's paternity leave.

Once agreed with your line manager you should apply for the leave through My View via My Forms. 

If your child dies or your adoption placement is disrupted

If you would otherwise have qualified for bereaved partner's paternity leave, but your child also dies (including where they are stillborn after 24 weeks of pregnancy) or the adoption placement is disrupted, you may still be able to take up to eight weeks of unpaid leave.

A placement is disrupted where the child is returned after having been placed for adoption, or, in the case of an overseas adoption, the child ceases to live with you.

If this applies, your leave must end on whichever comes first:

•    eight weeks following the end of the week in which the death or disruption occurs; or
•    the end of the normal 52-week paternity leave eligibility period.

Before your leave can begin under this section, you will need to confirm the date and nature of what has happened. Please contact your line manager as soon as you are able so that we can discuss your entitlement to leave and other support that may be available.

This entitlement does not apply if you have returned to work following a period of bereaved partner's paternity leave in respect of the same child.

Cancelling your leave

If you decide not to take your leave after giving notice, you will need to give your line manager written notice, as follows:

•    If your leave was due to start within the first eight weeks after the bereavement, you should provide written notice before your original start date.
•    If your leave was due to start more than eight weeks after the bereavement, you should provide at least one week's written notice before your original start date.

Once your Bereaved Parental Paternity Leave cancellation has been agreed with your line manager you cancel your leave through My View via My Forms.

Changing your leave start date

If you wish to change your leave start date after notice has been given, you will need to give your line manager notice of the new start date, as follows:

•    If your leave was due to start within the first eight weeks after the bereavement, and your new start date is also within those first eight weeks, you should let your line manager know before your original start date and your new start date. You do not need to give this notice in writing.
•    If your leave was due to start within the first eight weeks after the bereavement, but your new start date is after those first eight weeks, you should provide written notice before your original start date and at least one week before your new start date.
•    If your leave was due to start more than eight weeks after the bereavement, and your new start date is also more than eight weeks after the bereavement, you should provide at least one week's written notice before your original start date and your new start date.

Once a change to your Bereaved Parental Paternity Leave has been agreed with your line manager you should cancel your original leave dates through My View via My Forms and submit your new dates.

Changing your intended return date

If you wish to change the return-to-work date that you confirmed in your last notice, you will need to give your line manager written notice, as follows:

•    If the return date in your last notice is within the first eight weeks after the bereavement, you should provide at least one week's written notice before your original return date and your new return date.
•    If the return date in your last notice is more than eight weeks after the bereavement, you should provide at least eight weeks' written notice before your original return date and your new return date.

Once your change of return-to-work date has been agreed with your line manager you should cancel your original leave dates through My View via My Forms and submit your new dates.

Pay during bereaved partner's paternity leave

You do not have a statutory right to be paid during bereaved partner's paternity leave. Any bereaved partner's paternity leave taken will therefore be unpaid.

Your rights during bereaved partner's paternity leave

During bereaved partner's paternity leave, all the terms and conditions of your contract except normal pay will continue. Your entitlement to pension contributions will be affected as set out below in Holiday entitlement.

Holiday entitlement

You will continue to accrue your holiday entitlement during your bereaved partner's paternity leave.

Any holiday entitlement that has not been taken because of bereaved partner's paternity leave can be carried over into the next holiday year.

Pension contributions

The authority's pension contributions will cease during any period of unpaid bereaved partner's paternity leave, except where required by law or the rules of the pension scheme.

Re-instating lost pension because of unpaid bereaved partner’s paternity leave

As a member of the Local Government Pension Scheme (LGPS), you are able to reinstate any ‘lost pension’ arising from a period of unpaid bereaved partner’s paternity leave by paying additional contributions under an Additional Pension Contribution (APC) arrangement on your return to work. To do so, you will need to make an election to re-instate your lost pension within 30 days of returning to work. Provided you make your election within this period, and the reason for the period of absence is authorised unpaid leave the cost will be shared with the Authority (1/3rd to the member and 2/3rds to the Authority). 

However, if your election is made after 30 days of the date on the payslip in which the deduction of unpaid leave is taken, the entire cost will fall with you, as the member. 

If you wish to reinstate the lost pension during your period of unpaid bereaved partner’s paternity leave, you will need to complete an online application form via online modeller on the Absent from Work page of the Dyfed Pension Fund website. Before accessing the online modeller, you will need to have to hand, the lost pensionable pay for your period of unpaid leave/ industrial action ( you will be able to request for this information from payroll by emailing CRPayroll@carmarthenshire.gov.uk  ) and the date you returned to work. 

Please note that you will need to complete all the following details on the online calculator:

Personal Details section – complete all fields 1 – 7 (information you must have at hand to complete this section are your NI Number and payroll number).

Details for Quote: - complete fields 8, 9, 10, 11 & 12. 

Field 8 – insert the lost pensionable pay – this will be to amount shown in your payslip for the deduction of the unpaid leave. 

Field 9 – insert the reason of absence –click on ‘authorised unpaid leave’ from drop down menu. 

Field 10 – section during absence – click on ‘main section’ from down menu (unless you have made an election to contribute under the 50/50 Section of the Scheme).

Field 11 - Last day of absence – insert the last date of unpaid leave taken during the applicable month. If the reason for absence is “authorised unpaid leave”, and you are making the application within 30 days of the date on the payslip in which the deduction of unpaid leave is taken, please click on the box “30-day override” (employer confirmation must be provided). 

Field 12 – Method of payment – click on ‘lump sum deduction’ from drop down menu.

Finally click on ‘Get Quote’ to calculate the cost of purchasing lost pension – this will show on the results section on the right-hand side of the page see below:

Lump sum Cost to member before tax relief £ xxx.xx

Please note that you can also choose to buy the lost pension by spreading payment of the additional pension contributions over several complete years, however, you will be required to arrange a medical examination (by a Registered Medical Practitioner) to obtain a certificate at your own expense to certify that you are in ‘reasonably good health’ before your application is accepted.

Having completed the above, if you then wish to proceed with the purchase of your lost pension, please follow the following steps: 

Step 1 - you will need to download the online form by ticking the ‘Application’ box, which confirms that the information entered is correct and that you have read and understood the ‘Terms and Conditions’ for your additional pension applications.

Step 2 - click on the ‘submit’ button on the bottom right-hand side of the page. This will transfer the details that you have entered onto a pdf document. 

Step 3 - please sign the declaration on this form and email or post it directly to: 

CR Payroll (CRPayroll@carmarthenshire.gov.uk  ) mailbox or post to HR/Payroll, Carmarthenshire County Council. 3 Spilman Street, Carmarthen SA31 1LE.

If you do not elect to reinstate your ‘lost pension’, the pension benefits that you have built up within the Scheme Year (1 April to 31 March), in which your period of unpaid leave falls, will be proportionately less as a result. For further information, please refer to the Dyfed Pension Fund website.

Contact during bereaved partner's paternity leave

We reserve the right to maintain reasonable contact with you during your bereaved partner's paternity leave. This may be to discuss your plans for taking leave, to discuss any special arrangements to ease your time away from work, or to update you on developments at work during your absence.

Keeping-in-touch days during bereaved partner's paternity leave

You can agree to work (or attend training) for up to 10 days during your bereaved partner's paternity leave without that work bringing your leave to an end. These are known as "keeping-in-touch" days. 

We have no right to require you to carry out any work and you have no right to undertake any work during your bereaved partner's paternity leave. Any work undertaken on keeping-in-touch days is entirely a matter for agreement between you and your line manager.

Returning to work after bereaved partner's paternity leave

We recognise that returning to work after a significant period of time away can be challenging. We will take steps to ensure that your return to work is as smooth as possible and work will be handed back to you on a gradual basis.

You have the right to return to the same job and on the same terms and conditions if:

•    you have taken an isolated period of bereaved partner's paternity leave lasting 26 weeks or less; or
•    your bereaved partner's paternity leave was taken consecutively with another period (or periods) of statutory leave in relation to the same child, provided that the total amount of leave taken (excluding ordinary parental leave) is 26 weeks or less, and it did not include more than four weeks of ordinary parental leave.

In all other cases, you have the right to return to the same job, unless this is not reasonably practicable, in which case we will offer you a suitable alternative job on terms and conditions that are no less favourable.

If you are taking bereaved partner's paternity leave, and are unsure where you stand on your return, please contact your line manager.

If you decide that you do not wish to return to work, you must give written notice of resignation as soon as possible in accordance with the terms of your contract of employment.

Requests for flexible working

If, following a period of bereaved partner's paternity leave, you feel that you would benefit from a change to your working arrangement, you should make a request for flexible working in accordance with our Flexible Working policy. Although we will take all reasonable steps to accommodate a request for flexible working, the full range of flexible working options will not be appropriate for all jobs across all areas of the organisation.

Data protection

When dealing with paternity leave and pay, we will process any personal data collected in accordance with our Data Protection guidance and Privacy Notices. In particular, we will record only the personal information required and keep the information only for as long as necessary.

Abuse of the Bereaved Partner’s Paternity Leave policy

Any abuse of the scheme will be dealt in line with the Council’s Disciplinary procedure Examples of abuse include:

• Taking leave for purposes other than those set out in this policy.  This will generally be in circumstances where someone other than the employee is taking primary responsibility for the child.

• Making a false statement as to entitlement to Bereaved Partner’s Paternity leave, for example the relationship with the child or primary adopter.

Ensuring equality of opportunity

Everyone must adopt a positive, open and fair approach and ensure the Authority’s Equality and Diversity Policy is adhered to and applied consistently to all irrespective of race, colour, nationality, ethnic or national origins, language, disability, religion and belief or non-belief, age, sex, gender reassignment, gender identity or expression, sexual orientation, maternity, parental, marital or civil partnership status.

If you have any equality and diversity concerns in relation to the application of this policy and procedure, please contact a member of the People Management Team who will, if necessary, ensure the policy/procedure is reviewed accordingly.

If you require this publication in an alternative format, please contact People Services by emailing CHR@carmarthenshire.gov.uk