ABOUT THIS POLICY
1.1 This policy outlines when an employee may be entitled to paternity leave and paternity pay, and sets out the arrangements for taking it.
1.2 This policy only applies to employees and does not apply to Umbrella/PEO workers (who are not employees, and may otherwise be called ‘limb (b) workers’), agency workers, or self-employed contractors, save only that Umbrella/PEO workers (who are not employees, and who may otherwise be called limb (b) workers) may be entitled to SPP, subject to conditions..
1.3. This policy does not form part of any employee’s or worker’s contract of employment or engagement and we may amend it at any time.
2. ENTITLEMENT TO PATERNITY LEAVE
2.1 Paternity leave is available on the birth of a child if you have been continuously employed by us for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth and either:
- (a) you are the biological father and will have some responsibility for the child’s upbringing; or
- (b) you are the partner (that is, spouse, civil partner or cohabiting partner) of the mother and will have the main responsibility (with the mother) for the child’s upbringing; or
- (c) the child is born to a surrogate mother where you are, or your partner is, one of the child’s biological parents, and you expect to obtain a parental order giving you and your partner legal responsibility for the child.
2.2 Paternity leave is available where a child is placed with you for adoption by an adoption agency, if you have been continuously employed by us for at least 26 weeks ending with the week in which the agency notifies you that you have been matched with a child.
2.3. In adoption or surrogacy cases you may be entitled to take adoption leave instead (see our Adoption Policy). However, adoption leave may only be taken by one parent. Paternity leave is available to the other parent (of either sex).
3. TAKING PATERNITY LEAVE
3.1 Paternity leave is a period of one or two weeks’ consecutive leave taken when a child is born or placed with you for adoption. You can start your leave on the date of birth or placement, or later, provided it is taken within eight weeks (56 days) of the birth or placement. (If the baby is premature the period ends eight weeks after the start of the Expected Week of Childbirth.)
3.2 To take paternity leave you must give us written notice by the end of the 15th week before the Expected Week of Childbirth (or no more than seven days after the adoption agency notified you of being matched with a child), or as soon as you reasonably can, stating:
- (a) the Expected Week of Childbirth;
- (b) whether you intend to take one week or two weeks’ leave; and
- (c) when you would like your leave to start.
3.3 You can change the intended start date by giving us 28 days’ notice or, if this is not possible, as much notice as you can.
4. PATERNITY PAY
4.1 Statutory paternity pay (SPP) is payable during paternity leave provided you have at least 26 weeks’ continuous employment ending with the Qualifying Week (the 15th week before the Expected Week of Childbirth or the week in which the adoption agency notified you of a match) and your average earnings are not less than the lower earnings limit set by the government each tax year. The rate of SPP is set by the government each tax year.
5. DURING PATERNITY LEAVE
5.1 All the usual terms and conditions of your employment remain in force during paternity leave, except for the terms relating to pay.
5.2 Holiday entitlement will continue to accrue during paternity leave. If your paternity leave continues into the next holiday year, any remaining holiday that cannot reasonably be taken before your paternity leave can be carried over to the next holiday year and must be taken immediately before returning to work unless your manager agrees otherwise.
5.3 If you are a member of our pension scheme, we will make employer pension contributions during paternity leave, based on the minimum legal requirements, in accordance with the scheme rules. Any employee contributions you make will be based on the amount of any paternity pay you are receiving, unless you inform the Pensions Administrator that you wish to make up any shortfall.
