Riverside Community Health Project

Paternity Policy

This policy details the right to paternity leave and pay when a child is born or placed for adoption, which reflects the statutory provisions. This policy does not confer any contractual rights.

Definitions

  • Paternity Leave – one or two consecutive weeks of paternity leave
  • Additional Paternity Leave (APL) – an additional period of paternity leave of between 2 and 26 weeks where the mother returns to work early
  • Expected Week of Childbirth (EWC) - the week in which the baby is due
  • Qualifying week (QW ) - the 15th week before the EWC or the week in which an adopter is notified of being matched with a child
  • Statutory Paternity Pay (SPP) – what is paid during OPL

Eligibility for Paternity Leave

Employees are eligible for paternity leave if they:

  • are the father or married to, or the partner of the child's mother or adopter

and

  • have or expect to have responsibility for the upbringing of the child
  • are taking paternity leave to care for the child or the mother or adopter
  • have 26 week's continuous service by the end of the QW
  • comply with the notification requirements.

Taking Paternity Leave

Eligible employees can take either 1 week or 2 consecutive weeks' paternity leave (not odd days).

Paternity Leave cannot be taken before the child is born or placed with the adopter.

Paternity Leave must be taken within 56 days of the child's birth or adoption placement.

Employees can start Paternity Leave on:

  • the day the child is born or is placed with the adopter
  • a date within 56 days of the child’s birth or adoption placement
  • A date later than the first day of the EWC or the date the child is expected to be placed with the adopter

Employees can change their mind about the date on which they want their leave to start, providing they tell their employer at least 28 days in advance. Employees must tell Riverside the date they expect any payments of SPP to start at least 28 days in advance. However if the baby arrives earlier or later than expected the date for taking paternity leave can be adjusted accordingly as long the appropriate notice had been given for the original date.

Statutory Paternity Pay (SPP)

Employees will be eligible for SPP if:

  • they are still in employment when the child is born or placed for adoption

and

  • normal weekly earnings in the 8 weeks up to and including the QW are not less than the lower earnings limit for the payment of national insurance contributions

SPP is at the same rate as statutory maternity pay (SMP). SPP is subject to deductions for tax and National Insurance contributions.

Notification Requirements for Paternity Leave

In cases of the birth of a child, an employee must give notice of taking paternity leave by the end of the Qualifying Week.

In cases of an adoption, an employee must give notice of taking paternity leave within 7 days of being notified of being matched with a child.

Employees may change the start date of OPL by giving notice in writing at least 28 days before the new date or as soon as possible.

Employees must give Riverside a completed self-certificate as evidence of their entitlement to SPP and paternity leave. They must include a declaration that they meet certain eligibility conditions and provide the information specified above as part of the notice requirements. You can obtain one of these forms from Riverside.

By providing a completed self certificate, employees will be able to satisfy both the notice and evidence conditions for paternity leave and pay. Riverside will not be expected to carry out any further checks.

Employee Rights during Paternity Leave

All terms and conditions of employment continue with the exception of wages, salary and other remuneration.

If an employee only takes Paternity Leave they are entitled to return to the same job. If an employee takes Paternity Leave with a period of parental leave totalling more than 4 weeks, and it is not reasonably practicable for them to return to the same job, they will be offered an alternative position on no less favourable terms and conditions.

Paternity Policy 1April 2014