Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a member of staff is about to become a father or a partner to someone giving birth, the paperwork that sits behind paternity leave matters more than many employers realise. Getting the notifications, approval letters and return-to-work arrangements right keeps everyone on the same page and protects the business from disputes later on.
This page walks through the suite of documents UK employers typically use to handle a paternity leave request from start to finish, covering the initial policy, the request itself, the employer's written response, and what happens when the employee comes back. It also looks at how Shared Parental Leave fits alongside ordinary statutory paternity leave, and where the common pitfalls tend to sit for small and medium-sized employers.
What this document is
Paternity leave documentation is the collection of written records that employers and employees use to manage time off around the birth of a child. In England, Scotland and Wales, eligible employees generally have a statutory right to take paternity leave when their partner gives birth, subject to qualifying service and notice rules.
The paperwork usually includes a written Paternity Leave Policy that explains how the business handles requests, a notification form the employee submits to confirm their intention to take leave, and response letters from the employer either approving or refusing the request based on eligibility. Beyond the leave itself, many employers also use a Flexible Working Request form to handle any adjustments the employee wants when they return.
Together these documents create a clear audit trail, reduce the risk of misunderstandings, and help the employer show it has followed a fair and consistent process. They also give employees certainty about their pay, their return date, and what to expect from their manager during the leave period.
How to use this document
Set out a written paternity leave policy. Before any request lands on a manager's desk, the business should have a policy that explains eligibility, notice requirements, pay arrangements and how Shared Parental Leave interacts with ordinary paternity leave. A clear policy gives managers a reference point and shows staff the process is consistent.
Receive the employee's written notification. The employee should confirm in writing when the baby is due, when they want the leave to start, and how long they intend to take. A standard notification form captures the key dates and acts as the formal trigger for the employer's response under statutory timescales.
Check eligibility and respond in writing. Review the length of service, the employee's relationship to the child, and whether statutory notice has been given. Send either a grant letter confirming the approved dates and pay, or a denial letter setting out clear reasons if the employee does not meet the statutory conditions.
Keep communication open during the leave. Agree before the leave starts how you will stay in touch about team news, any training, or changes at work. A short written note recording what was agreed avoids later disagreements about whether contact was welcome or excessive.
Handle the return and any flexible working request. When the employee returns, they may ask to change their hours or working pattern. Use a flexible working request form and respond within the statutory timeframe, documenting the decision and the reasons so the process is transparent and defensible.
Q Who qualifies for statutory paternity leave in the UK?
To take statutory paternity leave, an employee generally needs to be the biological father, the mother's spouse or partner, or the child's adopter or intended parent in a surrogacy arrangement, and they must have been continuously employed by the same employer for a qualifying period before the expected week of childbirth. They also need to give the correct notice. Check gov.uk for the current eligibility rules as they can change.
Q How much notice does an employee need to give?
An employee usually needs to tell their employer the expected week of childbirth, when they want their leave to start, and how long they plan to take, normally by the fifteenth week before the baby is due. The notice does not have to be in writing unless the employer asks for it, but most businesses find a written notification form avoids confusion and disputes later.
Q What is the difference between paternity leave and Shared Parental Leave?
Ordinary paternity leave is a short block of leave taken by the partner around the birth. Shared Parental Leave lets eligible parents share a longer pool of leave and pay between them, taken in one block or several, depending on what suits the family. The eligibility rules and notice requirements for Shared Parental Leave are different, so the policy should address both separately.
Q Can an employer refuse a paternity leave request?
An employer cannot refuse a request from an employee who meets the statutory conditions and has given proper notice. A denial letter should only be used where the employee does not qualify, for example because they lack the required service or the relationship to the child does not fit the rules. Refusing a valid request can lead to a tribunal claim.
Q Is paternity leave paid?
Eligible employees are generally entitled to Statutory Paternity Pay for the period of leave they take, provided they meet the earnings and service thresholds. Some employers offer enhanced paternity pay on top of the statutory minimum as part of their contractual benefits. The current statutory rate is published on gov.uk and is reviewed each year.
Q Does the employee have the right to return to the same job?
An employee returning from ordinary paternity leave is generally entitled to come back to the same job on the same terms. The position can be different after longer periods of Shared Parental Leave, where the right to return to the exact same role may change depending on how much leave has been taken. Documenting the return arrangements helps avoid misunderstandings.
Q How should a flexible working request after paternity leave be handled?
The employee can submit a statutory flexible working request, and the employer must deal with it reasonably and within the statutory time limit. The employer should consider the request properly, meet with the employee if helpful, and give a written decision with reasons. A request can only be refused on specific business grounds set out in the legislation.
Paternity leave mixes statutory rules, notice deadlines and your own policy wording, and getting any of them wrong can create problems down the line. An experienced legal adviser can talk through your specific situation on the phone and help you think through the next steps based on what you describe.
✓Plain-English answers to your specific questions about paternity leave
✓Practical perspective on how the statutory rules apply to what you describe
✓Help thinking through how to respond to a request or refusal
✓Clarity on what to watch out for in your circumstances
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
