{
  "url": "https://openlegislation.uk/draft-bereaved-partners-paternity-leave-regulations-2026/regulation-9",
  "json_url": "https://openlegislation.uk/draft-bereaved-partners-paternity-leave-regulations-2026/regulation-9.json",
  "legislation": "ukdsi/2026/9780348278446",
  "legislation_title": "The Bereaved Partner’s Paternity Leave Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-bereaved-partners-paternity-leave-regulations-2026",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Entitlement where the purpose cannot be met",
  "text": "(1) An employee who would satisfy the requirements of regulation 4 (entitlement to bereaved partner’s paternity leave) in respect of a child but for the occurrence of one of the events referred to in paragraph (2) (“the relevant event”), is entitled to be absent from work on bereaved partner’s paternity leave until the earliest of—\n(a) the end of a period of eight weeks following the end of the week in which the relevant event occurs, and\n(b) the end of the paternity leave eligibility period.\n(2) The relevant events are—\n(a) the child dies;\n(b) in a domestic adoption case, the child is returned after being placed for adoption;\n(c) in an overseas adoption case, the child ceases to live with the employee;\n(d) in a parental order case—\n(i) the employee does not apply for an order in respect of the child under section 54 of the Human Fertilisation and Embryology Act 2008 within the time limit set by subsection (3) of that section, or\n(ii) the employee’s application for an order in respect of the child under that section is refused, withdrawn or otherwise terminated without the order being granted and any time for an appeal or a new application has expired.\n(3) In addition to complying with the notice requirements set out in regulation 6 (notice requirements) and, where relevant, regulation 7 (notice requirements: variation and cancellation), an employee wishing to exercise an entitlement to bereaved partner’s paternity leave by virtue of this regulation must inform the employer of the date and nature of the relevant event—\n(a) orally or in writing, and\n(b) before the employee’s first day of absence from work on bereaved partner’s paternity leave following the relevant event.\n(4) Entitlement to bereaved partner’s paternity leave by virtue of this regulation does not entitle an employee to be absent from work on bereaved partner’s paternity leave in respect of a child if the employee has already returned to work following a period of bereaved partner’s paternity leave in respect of the child.\n(5) In this regulation—\n(a) “returned after being placed for adoption” means—\n(i) returned under sections 31 to 35 of the Adoption and Children Act 2002,\n(ii) in Scotland, returned to the adoption agency, adoption society or nominated person in accordance with section 25 (6) of the Adoption and Children (Scotland) Act 2007, or\n(iii) where the child is placed for adoption in accordance with section 22C of the Children Act 1989, returned to the adoption agency following a termination of the placement for adoption;\n(b) “week” means a period of seven days beginning with Sunday;\n(c) references to the death of a child are to be read, in relation to a child stillborn after twenty-four weeks of pregnancy, as references to the birth of the child.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 32 was amended by paragraph 63(2) and (3) of Schedule 2 to the Children and Families Act 2014 (c. 6). Section 34 was amended by S.I. 2016/413 (W. 131). Section 35 was amended by paragraph 64(2) and (3) of Schedule 2 to the Children and Families Act 2014."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 25 was applied, with modifications, and disapplied in certain circumstances by S.S.I. 2009/182."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348278446/regulation/9",
    "retrieved_at": "2026-10-30T14:38:09.100342+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}