Create a Paternity Leave Form (UK)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a Paternity Leave Form for UK employees is an essential yet often overlooked part of the process. With the Genie AI Team’s in-depth understanding of the regulations and rights surrounding paternity leave, it’s easier than ever to be sure your form is compliant and fit for purpose. Here we explain why having a paternity leave form is so important and what key considerations employers should bear in mind when creating one.

The paternity leave form plays an integral role in confirming a father’s entitlement to take paternity leave and detailing the length, start date and other details of that period, with both employee and employer signing to confirm they’ve agreed on terms. As such, it must strictly adhere to the Parental Leave & Pay regulations set out by law - something employers must be aware of when creating their forms. Crucially too, it sets out each party’s rights & obligations - both employee pay during leave period and employer notice requirements - helping ensure all parties are up-to-date on relevant legal provisions regarding paternity benefits.

Finally, beyond these practical matters, the paternity leave form also serves as an important record of agreement between employee & employer - providing evidence thereof should any disputes arise down the line or legal query need answering.

It goes without saying then - when establishing a new business or reviewing existing policies - that having a well-structured paternity leave form is vital for ensuring compliance with applicable laws & regulations, as well as clarity between parties involved in this most important issue. And with free template library access from Genie AI plus our step by step guidance available now, you can have your own bespoke up-to-date version generated quickly & easily online today. So why not read on below for more information?

Definitions (feel free to skip)

Employment Rights Act 1996: A UK law that outlines the legal requirements for paternity leave, such as offering a minimum of two weeks leave to eligible employees and providing compensation at the statutory rate.

Collective Agreement: A legally binding agreement between an employer and a group of employees that outlines the terms of their employment.

Statutory Rate: A fixed amount of money that employers must pay employees for their paternity leave as set out in the Employment Rights Act 1996.

Criteria: A set of conditions that an employer must consider when evaluating paternity leave requests.

Contents

• Understanding the legal requirements for paternity leave in the UK
• Developing a paternity leave form that includes all the necessary information
• Creating a paternity leave policy that outlines the procedures and processes for requesting and approving paternity leave
• Explaining the paternity leave form to staff and providing guidance on how to complete it
• Deciding on the criteria to be used when approving paternity leave requests
• Documenting the paternity leave form in a centralised file
• Creating a timeline for staff to submit their paternity leave requests
• Ensuring that the paternity leave form is kept up-to-date and that any changes are communicated to affected staff
• Managing paternity leave requests in accordance with UK laws and regulations
• Providing support to staff throughout the paternity leave process

Get started

Understanding the legal requirements for paternity leave in the UK

• Research the legal requirements for paternity leave in the UK, including the statutory paternity pay and leave entitlements
• Understand the eligibility criteria for paternity leave and pay
• Learn about the notice requirements for taking paternity leave
• Be aware of the maximum amount of paternity leave you can take
• Familiarise yourself with any additional paternity leave rights

Once you have an understanding of the legal requirements for paternity leave in the UK, you can check this step off your list and move on to the next step.

Developing a paternity leave form that includes all the necessary information

• Identify the information required by law when creating a paternity leave form, such as the employee’s name, dates of paternity leave, and number of days requested.
• Draft the form, including the necessary information and a signature line.
• Provide a space for the supervisor to approve or deny the request.
• Include a statement that informs the employee of their rights and responsibilities associated with taking paternity leave.
• Make sure to include a disclaimer that explains the company’s policy on paternity leave and its related processes.
• Have a legal or HR professional review the form to ensure it meets all legal requirements.
• Make the form available to employees through the company intranet or other secure method.

You’ll know you can check this step off your list and move on to the next one when you have a form that has been reviewed by legal or HR professionals and is available to employees.

Creating a paternity leave policy that outlines the procedures and processes for requesting and approving paternity leave

• Outline the company’s paternity leave policy, including the maximum number of weeks’ leave available, the employee’s eligibility criteria, and the process for requesting and approving paternity leave.
• Set out the notice period required for requesting paternity leave and the documentation that must be provided with the request.
• Detail the procedure for changing or cancelling paternity leave and the implications of doing so.
• Describe how paternity pay is worked out and when it will be paid.
• Explain the employee’s rights to return to work after paternity leave.
• Ensure that the policy is compliant with current UK legislation and regulations related to paternity leave.
• Check that the policy is up to date and relevant, and amend it as required.

You’ll know this step is complete when you have a detailed policy that outlines the procedures and processes for requesting and approving paternity leave.

Explaining the paternity leave form to staff and providing guidance on how to complete it

• Arrange a meeting with staff to explain the paternity leave form and the paternity leave policy.
• Outline the criteria for approving paternity leave requests, such as the length of leave and the notice period.
• Provide guidance to staff on how to complete the paternity leave form.
• Answer any questions staff may have about the form or the policy.
• Allow staff time to complete the form if necessary.
• When staff have completed the form, check that all necessary information has been provided.
• Once all staff have completed the paternity leave form, you can check this off your list and move on to the next step.

Deciding on the criteria to be used when approving paternity leave requests

• Establish the criteria for granting paternity leave requests, such as minimum amount of service and job role
• Develop a policy outlining how decisions on paternity leave requests will be made and how appeals will be handled
• Assign a responsible manager to review paternity leave requests and make decisions
• Document the criteria for paternity leave requests in the policy and ensure it is communicated to all staff

Once the criteria for granting paternity leave requests has been established, documented and communicated to all staff, this step can be marked as complete and the next step can be started.

Documenting the paternity leave form in a centralised file

• Create a secure file for storing the paternity leave forms
• Ensure the file is accessible to all relevant staff with appropriate access rights
• Label the file clearly with any relevant information that will help identify it in future
• Store the paternity leave forms in the file in chronological order of submission
• Once the paternity leave forms have been stored, check that all forms have been received and filed correctly
• When the above steps have been completed, the task of documenting the paternity leave forms in a centralised file is complete

Creating a timeline for staff to submit their paternity leave requests

• Establish a timeline for staff to submit their paternity leave requests. This should include the date for submitting the form and the date by which staff must be notified of the leave decision.
• Create a reminder system to ensure that staff are aware of the timeline. This could be through a newsletter, email or other form of communication.
• Track the progress of each paternity leave request and ensure that all requests are processed within the established timeline.
• Once the timeline has been established and staff have been notified, you can mark this off your list and move on to ensuring that the paternity leave form is kept up-to-date and that any changes are communicated to affected staff.

Ensuring that the paternity leave form is kept up-to-date and that any changes are communicated to affected staff

• Ensure that the paternity leave form is updated on a regular basis to ensure that all information is accurate and up-to-date.
• Keep a record of any changes made to the form, including details of who made the changes and when.
• Notify all staff affected by any changes to the form in a timely manner.
• Monitor the form for any changes and take appropriate action if necessary.
• Check off this step when you are satisfied that the paternity leave form is up-to-date and that any changes have been communicated to affected staff.

Managing paternity leave requests in accordance with UK laws and regulations

• Familiarise yourself with the relevant UK laws and regulations governing paternity leave.
• Create a Paternity Leave Form that meets the requirements of the UK regulations.
• Make sure the form includes all the necessary information, such as the legal right to take paternity leave, the date the form must be completed by, and the length of the leave period.
• Ensure that the form is up-to-date and reflects any changes in the UK regulations.
• Check that the form is easy to understand and complete for staff.
• When you are satisfied that the form is compliant with UK regulations, you can check this off your list and move on to the next step.

Providing support to staff throughout the paternity leave process

• Provide information to the employee about their paternity leave entitlements and any available benefits
• Ensure the employee has access to a supportive point of contact within the organization throughout their leave
• Ensure the employee is aware of their rights and obligations during paternity leave
• Provide any necessary information or documentation to the employee in advance of their leave
• Ensure the employee is kept informed of any changes to their rights or benefits
• Check in with the employee periodically during their leave to ensure they are coping and still feel supported
• When the employee is due to return to work, arrange a return to work interview
• Once the employee returns to work, monitor any changes in their performance and workload
• When you have completed all of the above, you can check this off your list and move on to the next step.

FAQ:

Q: Is paternity leave a legal requirement in the UK?

Asked by Charlotte on April 22, 2022.
A: The law in the UK states that all employees who have been with their employer for 26 weeks or more are entitled to two weeks’ statutory paternity leave. This is paid at the statutory rate of £151.20 per week or 90% of the employee’s average weekly earnings, whichever is lower. However, many employers offer more generous paternity leave packages, sometimes as part of an employment contract or agreement. It is important to check with your employer before taking any paternity leave to ensure that you are eligible and understand how much you will be paid.

Q: Can I take paternity leave if I am self-employed?

Asked by Liam on March 8, 2022.
A: Unfortunately, there is no legal right for self-employed people to take paternity leave in the UK. However, some employers may offer self-employed workers the option to take paternity leave if they meet certain criteria. It is important to check with your employer before taking any paternity leave to ensure that you are eligible and understand what type of payment, if any, you will receive for taking time off work.

Q: Is paternity leave different in Scotland than in England and Wales?

Asked by Olivia on June 1, 2022.
A: Yes, there are some differences in the law when it comes to paternity leave in Scotland compared with England and Wales. In Scotland, employees who have been with their employer for at least 26 weeks are entitled to two weeks’ statutory paternity leave, which is paid at the same rate as in England and Wales. However, there are some additional rights that parents in Scotland may be entitled to, such as being able to take unpaid parental leave up until the child reaches 18 years of age and being able to take up to 10 days of unpaid parental leave during the school holidays. It is important to check with your employer before taking any paternity leave to ensure that you understand your rights and entitlements.

Q: Is there a limit on how much time I can take off for paternity leave?

Asked by William on December 17, 2022.
A: Yes, the law states that all employees who have been with their employer for 26 weeks or more are entitled to two weeks’ statutory paternity leave. This cannot be extended beyond two weeks unless your employer agrees otherwise. However, many employers offer more generous paternity leave packages which can be taken over a longer period of time than two weeks. It is important to check with your employer before taking any paternal leave to ensure that you understand what type of payment, if any, you will receive for taking time off work and what restrictions may apply.

Q: Is there an age limit for claiming paternity leave?

Asked by Ava on May 10, 2022.
A: No, there is no age limit for claiming paternity leave in the UK; however it does have certain eligibility criteria which must be met in order for an employee to be eligible for statutory paternity pay or other forms of parental pay (if available). To be eligible for statutory paternity pay an employee must have been employed by their employer for at least 26 weeks prior to the 15th week before the expected week of childbirth (or adoption placement). An employee must also earn at least £120 per week (before tax) and still be employed by their employer until the day they intend to start their period of paternity leave.

Q: Do I need a special form for taking maternity/paternity/shared parental/adoption/parental bereavement/guardianship/fostering/surrogacy/special guardianship/kinship carer’s leave?

Asked by Noah on July 4, 2022.
A: Yes - depending on which type of parental or carer’s leave you are planning on taking it will usually require that you complete a specific form or provide certain documentation in order for your request for time off work to be processed by your employer. You should check with your employer what form needs to be completed and what type of evidence needs to be provided prior to submitting your request for time off work - this should include details about your eligibility criteria and any other conditions that need to be met prior to taking any type of parental or carer’s leave.

Q: How long does it take for a Paternity Leave Form (UK) application process?

Asked by Emma on September 6, 2022.
A: The length of time it takes for a Paternity Leave Form (UK) application process depends on several factors such as how many applications need processing and how quickly they need processing as well as any additional information required such as evidence of earnings and length of employment etc., as well as whether any further checks need carrying out prior to approving the application form. Generally speaking it can take anything from 3-10 working days but this could vary depending on the individual circumstances involved so it is best to check with your employer beforehand if possible so you are aware of how long it will take and when you can expect a response from them regarding your request for time off work under these circumstances.

Example dispute

Suing a Company for Refusing Paternity Leave

• The plaintiff might raise a lawsuit for refusing paternity leave if the company has a policy or practice of denying or refusing such leave on the basis of gender discrimination.
• The lawsuit might reference the company’s paternity leave form and other relevant policies or regulations that provide for the granting of paternity leave.
• The plaintiff might allege that the company’s refusal to grant paternity leave was motivated by gender discrimination, and that the company’s refusal violated their rights as protected by applicable civil law.
• The plaintiff might seek a settlement that would provide monetary damages, or other forms of compensation, for the violation of their rights.
• If the plaintiff is successful in demonstrating a violation of their rights, the court may order the company to pay damages for their unlawful conduct, including back pay, lost wages, and other forms of compensation.

Templates available (free to use)

Declaration Of Adoption Form For Employee Paternity Leave
Declaration Of Birth Form For Employee Paternity Leave
Notice Of Intent To Take Paternity Leave Following Adoption Date
Notice Of Intent To Take Paternity Leave Following Adoption Match
Notice Of Intent To Take Paternity Leave Following Birth Of Child

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