BPPL: What notice is required?

Importance of the bereavement date

The bereavement date is the date on which the primary carer dies. If an employee takes bereaved partner's paternity leave (BPPL), what they need to tell you (and when) depends on whether or not they start it within 8 weeks after the bereavement date.

Starting BPPL 8 weeks or less after the bereavement date

The employee must tell you (in writing or verbally):

• The bereavement date
• The BPPL start date
• The date the child was born (for births with or without a surrogate) or placed (for adoptions).

The employee can do this at any point before the time they'd be due to start work on the first day of BPPL.

While on BPPL, the employee must give you a written notice:

If they intend to return within the first 8 weeks after the bereavement date, this notice only needs to state how much BPPL they want to take and the intended return date.

If they intend to return more than 8 weeks after the bereavement date, this notice needs to state:

• How much BPPL they want to take, and the intended return date
• The date the child was born (for births with or without a surrogate) or placed (for adoptions)
• That they have the main responsibility for the upbringing of the child
• That the purpose of the leave is to care for the child
• That they have a qualifying relationship with either the child or the primary carer.

Note: you can also require this information if an employee initially gives notice to return within the first 8 weeks, but then changes the return date (see below) to one that's beyond the first 8 weeks.

The written notice must be given:

• No more than 8 weeks after the bereavement date
• At least 1 week before the intended return date.

The requirements are slightly different in relation to overseas adoptions.

Starting BPPL more than 8 weeks after the bereavement date

At least one week before starting BPPL, the employee must give you a written notice, stating:

• The bereavement date
• The BPPL start date
• The date the child was born (for births with or without a surrogate) or placed (for adoptions)
• The intended return date
• That they have the main responsibility for the upbringing of the child
• That the purpose of the leave is to care for the child
• That they have a qualifying relationship with either the child or the primary carer.

Changing the start date

If an employee wishes to change their BPPL start date, when and how they need to tell you depends on the timing of the BPPL dates.

Where the currently scheduled start date is 8 weeks or less after the bereavement date:

If the new start date is also 8 weeks or less after the bereavement date, the employee must tell you before whichever date (current or new) is earlier. They can do this verbally or in writing.

If the new start date is more than 8 weeks after the bereavement date, the employee must tell you at a time that's both before the currently scheduled start date and at least 1 week before the new start date. They must do this in writing.

If the currently scheduled start date is more than 8 weeks after the bereavement date, the employee must tell you at least 1 week before whichever start date (current or new) is earlier. They must do this in writing.

Changing the return date

If an employee wishes to change the date they return to work, they must tell you in writing.

If the currently scheduled return date is 8 weeks or less after the bereavement date, the employee must do this at least 1 week before whichever return date (current or new) is earlier.

If the currently scheduled return date is more than 8 weeks after the bereavement date, the employee must do this at least 8 weeks before whichever return date (current or new) is earlier.

Cancelling BPPL

If an employee wishes to cancel BPPL, they must tell you in writing. They can do this at any point before the start date if that start date is 8 weeks or less after the bereavement date.

Otherwise, they must do this at least 1 week before the start date.

When an employer can postpone a return

If an employee wants to return to work but hasn't give you the correct notice of their return date, you have the right to postpone their return to a date that gives you the correct notice.

However, you can't postpone a return in a way that means an employee is on leave beyond the end of the eligibility window. If postponing a return to give you the correct notice would result in this situation, the latest return date you can set is the day after the end of the eligibility window.

If you postpone a return, you must tell the employee in writing what their new return date is.

If you postpone an employee's return to work and they return before the date you've given them, you won't be required to pay their wages unless you have revoked the postponement in writing.