Paternity Leave Policy
For prospective fathers the time when a baby or child arrives can be very busy and challenging. The Company understands this and would like to support fathers at this time in their lives.
This policy sets out the entitlement to and procedures for Paternity Leave and Pay.
This policy covers all of the statutory entitlements to leave and pay. If there is any conflict between this policy and the statutory provisions, the latter will prevail.
This policy is not contractual and may be amended from time to time.
Paternity Leave
Paternity leave is paid leave taken away from work in respect of a child born or matched for adoption. The purpose of the leave is to care for a newborn child or adopted child or to support the child's mother/your Partner.
It is separated into two types, Ordinary Paternity Leave (OPL) and Additional Paternity Leave (APL).
Entitlement to Ordinary Paternity Leave
To be entitled to paternity leave you must meet the following criteria:
»You must have completed 26 weeks continuous service by the beginning of the 15th week before the expected week of child birth (EWC) or by the week in which you were notified of the match for adoption; and
»You must be the father of the child, or be the husband or the Partner of the child’s mother or matched with the child for adoption; and
»You must have or expect to have responsibility for the upbringing of the child.
You can take either one or two weeks of paternity leave. Two weeks is the maximum. The paternity leave must be taken in a single block of one or two weeks.
You are not able to take paternity leave until your child's birth or placement. Your paternity leave must end within 56 days of your child's birth or placement.
Notification Requirements for Ordinary Paternity Leave
In the first instance you should speak to your manager if you wish to take a period of paternity leave
You must give us notice of your intention to take Ordinary Paternity Leave, the start date and duration, and complete the request for ordinary paternity leave form [paternity self-certificate form].
In the case of a new born child, notice must be given in or before the 15th week before the expected week of childbirth. In the case of a newly adopted child, notice must be given no more than seven days after the date on which you were notified of the match with the child. If you wish to change the start of your paternity leave to a later date you must give us 28 days notice unless it is not reasonably practicable to do so.
Ordinary Paternity Pay
If your average earnings exceed the lower earnings limit, statutory paternity pay is paid for the duration of paternity leave at the current statutory rate per week, or 90% of your average weekly earnings, whichever is the lower.
During Ordinary Paternity Leave you are entitled to all of your terms and conditions of employment except for salary. At the end of your Ordinary Paternity Leave you are entitled to return to your job.
Additional Paternity Leave
If you meet the requirements to qualify for Statutory Paternity Leave then you will be entitled to Additional Paternity Leave provided:
»you are still employed by the Company at the time you take your Additional Paternity Leave and
»the child's mother or adopter has been entitled to one or more of the following – Statutory maternity Leave, Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Leave or Pay.
»the child's mother or adopter has returned to work and ceased claiming any relevant pay.
You are entitled to take a maximum of 26 weeks Additional Paternity Leave. The minimum amount of Additional Paternity Leave you can take is 2 weeks. If you choose to take Additional Paternity Leave you must take it in one block and in multiples of complete weeks.
The earliest you can start your Additional Paternity Leave is 20 weeks after the date the child is born or placed for adoption. Your Additional Paternity Leave must end no later than 12 months after the date the child is born or placed for adoption.
Notification Requirements for Additional Paternity Leave
You must give us 8 weeks notice in writing of your wish to take Additional Paternity Leave. You must tell us the start date and duration and you must sign a declaration confirming that you have, or expect to have, main responsibility (apart from any responsibility of the mother or adopter) for the upbringing of the child. [You should complete the Additional Paternity Leave form.] You should also ask your Partner to complete the mother/adopter declaration for additional paternity leave.
To qualify for Additional Statutory Paternity Pay (ASPP) you must be an employed earner and you must earn at least the lower earnings limit (LEL) for National Insurance contributions in force at the end of the qualifying week.
The mother or adopter must have:
»returned to work
»stopped claiming any relevant pay, with at least two weeks of unexpired Statutory Pay period remaining
You must intend to care for the child during your Additional Statutory Paternity Pay Period.
Additional Paternity leave is paid at the current statutory rate or 90 per cent of your average weekly earnings, if that is less.
Additional Statutory Paternity Pay is only payable to you during the period of your Partner’s 39 week Maternity Allowance, Statutory Maternity or Statutory Adoption Pay period so if your Partner is paid for 30 weeks the maximum you would be paid for your additional paternity leave, if eligible, is 9 weeks.
If you wish to provide additional paternity pay benefits above the statutory rates please speak to a member of our Employment Team who will be able to assist you in drawing up your own specific policy in relation to pay.
[Additional Statutory Paternity Pay when adopting from overseas
For Additional Statutory Paternity Pay in the case of overseas adoptions, the qualifying week is the later of either:
»the week official notification was received;
»the week you have 26 weeks' continuous employment with the Employer paying Additional Statutory Paternity Pay.
You must have the main responsibility (alongside the responsibility of the mother or adopter taking adoption leave) for the upbringing of the child.
If you are adopting from a UK adoption agency, you must be matched with the child for adoption.]
Unpaid Additional Paternity Leave
If you wish you could take unpaid Additional Paternity Leave if you meet the eligibility criteria for leave but not pay. All Additional Paternity Leave taken after the end of the Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay period is unpaid.
Contact during Additional Paternity Leave
[Before you go off on Additional Paternity Leave your manager will discuss with you the arrangements for you to keep in touch during your Additional Paternity Leave, should you wish to do so. You may wish to be kept informed of things going on within the business or you may just wish to be invited to any social events.]
The Company reserves the right to maintain reasonable contact with you from time to time during your Additional Paternity Leave. This may be to discuss your plans for return to work, to discuss any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence. Please let you manager know of your preferred method of communication be it email, telephone or post.
Working during Additional Paternity Leave (Keeping in Touch Days)
If you wish to work during your Additional Paternity Leave and the Company agrees to this then you may carry out up to ten days work without bringing your Additional Paternity Leave period to an end. The Company does not have the right to require you to carry out any work and you do not have the right to undertake any work during your Additional Paternity Leave. However, you and the Company may wish for you to attend in certain circumstances.
If you do attend work we will agree with you in advance the amount of salary you will be paid.
Annual Leave
Your annual leave entitlement will continue to accrue whilst you are on Additional Paternity Leave.
[Pension Scheme
Your pension contributions will be paid into the scheme during Additional Paternity Leave for which you are paid (namely, 26 weeks maximum). Your contributions will be based on salary received/ASPP received. [Our contributions will be based on the salary you would have received had you not gone on paternity leave.]
Alternatively, you can request that your contributions are maintained at the existing level of contribution paid prior to your period of Additional Paternity Leave commencing, subject to you complying with the relevant Pension Scheme and HMRC rules relating to maximum contributions allowed under such arrangements.
After the period of paid Additional Paternity Leave has ended, the contributions will cease.
Upon returning to work you will have the option of paying the pension contributions you would have paid had you been working; in this case, the period for which you pay contributions will count as pensionable service.
For further details relating to the Pension Scheme rules, please speak to [insert name].]
If you require any detailed assistance in respect of pensions advice please contact our Employment Team.
Other Benefits
All contractual benefits (except for salary) will continue to be provided during Additional Paternity Leave.
If I don’t qualify for Additional Paternity Leave and Pay
If you do not qualify for Additional Paternity Leave or Pay you may be able to take annual leave or unpaid parental leave instead. You may also be able to request a more flexible working pattern. If you would like more information please speak to your manager or refer to the relevant policies.
Return to work following Additional Paternity Leave
You do not need to let the Company know of your intention to return to work at the end of your period of Additional Paternity Leave. We will notify you within 28 days of notification by you of the date for your return. It will be assumed that you will return on the next working day after your Additional Paternity Leave has ended.
If you would like to return to work before the end of your Additional Paternity Leave, you must give us at least six weeks notice in writing unless it is not reasonably practicable to do so. If you provide less than 6 weeks' notice, the Company reserves the right to require you to take a period of Additional Paternity Leave up to 6 weeks.
Rights after return to work
You are entitled to return from Additional Paternity Leave to your job so long as your Additional Paternity Leave lasted no longer than 26 weeks and where it was an isolated period of leave or taken with certain other types of statutory leave unless a redundancy situation has arisen.
It may be possible to return to work to either a part time position or a full time position that is shared with someone else or some other flexible working arrangement. For further details on how to apply for a flexible working arrangement you should contact [the HR Department].
All employees with at least 26 weeks' service have the right to request changes to their working arrangements. There is a statutory scheme which employers should follow and failure to do so, or failure to properly consider a flexible working request, may give rise to claims. If you have any questions about the right to request flexible working please contact our Employment Team.
If you are unable to return to work on your return date because you are sick, you must comply with the Company's absence procedure for sickness.
If you do not wish to return to work following the end of your Additional Paternity leave you must follow the usual procedures for resigning your employment and provide notice in line with your contractual notice period.
[First day back at work
On your first day back at work we would like to provide you with support to ensure that your return to work goes as smoothly as possible for you. You will spend some time with your manager ensuring you have a well informed return to the business. You will be up-dated on any changes which have occurred. Your manager will ensure that you have all of the equipment you require to do your job and also make sure that you have sufficient work to carry out.
If you have any further questions about paternity leave or pay which are not covered in this policy please contact [insert details].]
Definitions
Partner: means someone (whether of a different sex or the same sex) with whom you are living in an enduring family relationship, but which is not your parent, grandparent, sister, brother, uncle or aunt.
Expected week of childbirth (EWC): the week beginning on a Sunday in which the doctor or midwife expects your spouse, civil partner or Partner to give birth.
Expected placement date: the date on which an adoption agency expects that it will place a child into your care with a view to adoption.
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