BPPL: What notice is required?

Importance of the bereavement date

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

Starting BPPL 8 weeks or less after the bereavement date

You must tell them (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).

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

While on BPPL, you must give your employer a written notice:

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

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

• How much BPPL you 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 you have the main responsibility for the upbringing of the child
• That the purpose of the leave is to care for the child
• That you have a qualifying relationship with either the child or the primary carer.

Note: your employer can also require this information if you initially give notice to return within the first 8 weeks, but then change 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, you must give your employer 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 you have the main responsibility for the upbringing of the child
• That the purpose of the leave is to care for the child
• That you have a qualifying relationship with either the child or the primary carer.

Changing the start date

If you wish to change your BPPL start date, when and how you need to tell your employer 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, you must tell them before whichever date (current or new) is earlier. You can do this verbally or in writing.

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

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

Changing the return date

If you wish to change the date you return to work, you must tell your employer in writing.

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

Cancelling BPPL

If you wish to cancel BPPL, you must tell your employer in writing. You can do this at any point before the start date if that start date is 8 weeks or less after the bereavement date.

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

When your employer can postpone a return

If you want to return to work but haven't given your employer the correct notice of your return date, your employer has the right to postpone your return to a date that gives them the correct notice.

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

If your employer does postpone a return, they must tell you in writing what your new return date is.

If they postpone your return to work and you then return before the date you've been given, they won't be required to pay you wages unless they have revoked the postponement in writing.