Paternity Leave Documents (Birth)
This Paternity Leave Documents (Birth) subfolder contains documents for use where an employee wishes to take paternity leave because their wife, civil partner or partner is expecting a child. In respect of paternity leave following adoption, see the separate document folders relating to adoption within Great Britain and from overseas.
Included in this selection of paternity leave templates is a Roadmap laying out the timing and details of changes to paternity leave in line with the Employment Rights Act. This Employment Rights Act Roadmap will be updated as the changes are implemented. Employers should be aware that as of 6 April 2026 paternity leave will become a right that applies as of day one of employment. Currently, this right applies as of 26 weeks’ service with an employer, assessed 15 weeks before the Expected Week of Childbirth. From 18 February 2026, newly eligible employees can give notice of their intention to take paternity leave.
The Paternity Leave Documents (Birth) subfolder contains a Paternity Leave Policy (Birth), template letters, leave notices and declarations. We have also included documents needed for procedures when the employee returns to work, such as flexible working request and appeal templates.
See also the separate Shared Parental Leave subfolder.
Paternity Leave Documents (Birth) is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
Does an employee who has just started with us qualify for paternity leave if their partner is already pregnant? +
Yes, from 6 April 2026 statutory paternity leave is a day-one right for employees in England and Wales, with no 26-week qualifying period for the leave itself. The employee still must be the father, or the mother's spouse, civil partner or partner, expect responsibility for the child's upbringing and give the correct notice. Statutory Paternity Pay, however, still needs 26 weeks' continuous service by the qualifying week, so a new starter may get the leave but not the pay. The Simply-Docs Paternity Leave Policy (Birth) and Employment Rights Act Implementation Roadmap reflect these changes.
Our paternity leave policy still refers to 26 weeks' service. Do we need to update it before we can process a request? +
Yes. Any policy still requiring 26 weeks' continuous service as a condition of taking paternity leave following a birth is out of date, because the Employment Rights Act 2025 removed that qualifying period from 6 April 2026. Employers who apply the old rule to an eligible employee risk claims for detriment or automatically unfair dismissal. Use the Simply-Docs Paternity Leave Policy (Birth), updated to reflect the new day-one right, to replace any earlier version. The Employment Rights Act Implementation Roadmap in this folder sets out the timing in detail.
Can we refuse a paternity leave request or ask an employee to change their dates because it is inconvenient for the business? +
No. An employer cannot refuse or postpone statutory paternity leave because the timing is inconvenient. Once an eligible employee gives the correct notice, the leave is a legal right, and refusing it may expose the employer to claims for detriment or automatically unfair dismissal, which can be brought from day one of employment. Respond in writing using the Simply-Docs Paternity Leave Granted Letter, or the Paternity Leave Denied Letter only where the employee does not in fact meet the eligibility criteria.
How much notice does an employee have to give before taking paternity leave following the birth of a child? +
For a child due on or after 26 July 2026, the employee must notify the employer of the due date by the end of the 15th week before the expected week of childbirth, then give at least 28 days' notice before each period of leave. A temporary reduced notice period applied for employees eligible under the new day-one right for children due between 5 April and 25 July 2026: they could give 28 days' notice of the due date instead of 15 weeks. The Simply-Docs Notification And Request For Paternity Leave and Paternity Leave Request Form (Birth Child) support this process.
What Statutory Paternity Pay is the employee entitled to, and what do we do if they are not eligible for it? +
Statutory Paternity Pay (SPP) for 2026 to 2027 is £194.32 per week or 90% of the employee's average weekly earnings, whichever is lower, for up to two weeks. To qualify, the employee must have been continuously employed for at least 26 weeks by the qualifying week (the 15th week before the expected week of childbirth) and earn on average at least £129 per week. If they are not eligible, notify them in writing within 28 days of receiving their notice using form SPP1: the Simply-Docs Statutory Paternity Pay Ineligibility Letter provides a template. Employers can recover SPP costs from HMRC.
An employee wants to take their two weeks of paternity leave at different times rather than all at once. Is that allowed? +
Yes. Since changes introduced in April 2024, an employee can take their two weeks of statutory paternity leave as two separate one-week blocks or as a single two-week block, at any point within 52 weeks of the child's birth. They cannot take leave as individual days: each block must be a full week, and at least 28 days' notice is required before each separate period. Following further changes in April 2026, paternity leave can also be taken after a period of Shared Parental Leave, which was previously not permitted. Record each period using the Paternity Leave Request Form (Birth Child).
