Leave and flexible working

Paternity leave confirmation letter

Confirms the dates of statutory paternity leave, in one or two blocks, and the pay.

An employee has given notice that they intend to take paternity leave around the birth or adoption. Since April 2024 the two weeks can be taken as two separate weeks any time in the first year, with 28 days' notice of each. Confirm what they have told you and what they will be paid.

Before it goes

  • You have the notice of entitlement: due date, whether one or two weeks, and that they meet the relationship and responsibility conditions.
  • You know whether they qualify for Statutory Paternity Pay (26 weeks' service by the 15th week before the expected week of childbirth and earnings at or above the lower earnings limit).

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Your paternity leave Congratulations, and thank you for your notice of [NOTIFICATION DATE] telling us that your [partner's] baby is expected in the week beginning [EWC] [/ that a child is expected to be placed with you for adoption on or around [DATE]] and that you intend to take paternity leave. I am writing to confirm the arrangements. Leave: you are entitled to two weeks' paternity leave, which can be taken as a single block of two weeks or as two separate blocks of one week, at any time within 52 weeks of the birth. You have told us you intend to take [two weeks from [DATE] / one week from [DATE] and a second week from [DATE, or "at a date to be confirmed with at least 28 days' notice"]]. If the baby arrives earlier or later than expected and you want to move the dates, please give us as much notice as you can; the regulations ask for 28 days, but we will be flexible where we can. Pay: [You qualify for Statutory Paternity Pay for the two weeks, paid at the statutory weekly rate or 90% of your average weekly earnings if that is lower, through payroll on the usual dates. / Based on your service and earnings you do not qualify for Statutory Paternity Pay, and the leave will be unpaid; form SPP1 is enclosed.] [The company's enhanced paternity pay of [DETAIL] applies.] During your leave your contract continues and you continue to accrue holiday. You have the right to return to the same job afterwards. If you would like to discuss flexible working or any change to your hours once the baby has arrived, you can make a request at any time and we will consider it properly. Please check the dates and tell me if anything is wrong. Best wishes to you both. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

Dates
Whatever they have told you, in whole weeks. If the second week is undecided, say so and remind them of the 28 days' notice.
Pay
Structure, not the rate. The rate changes every April.

What the law says

  • Paternity and Adoption Leave Regulations 2002 as amended by the Paternity Leave (Amendment) Regulations 2024: two weeks' leave, taken as one block or two separate weeks, within 52 weeks of the birth or placement; notice of entitlement by the 15th week before the expected week of childbirth, and 28 days' notice of the dates of each period.
  • Social Security Contributions and Benefits Act 1992 Part XIIZA: Statutory Paternity Pay at the statutory weekly rate or 90% of average weekly earnings if lower; rates change each April.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not insist on both weeks being taken together, or within 56 days. That rule ended in April 2024.
  • Do not treat the time off as holiday. It is separate statutory leave.

Questions people ask

Can paternity leave be taken as odd days?

No. Whole weeks, one or two, together or apart. A single day off for the birth itself is either agreed time off or holiday, unless your policy provides for it.

Does the employee have to give notice before the birth?

Notice of entitlement (that they intend to take it) is due by the 15th week before the expected week of childbirth. Notice of the actual dates is 28 days before each period. In practice, be flexible: babies do not read regulations.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

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