SCHEME FOR PATERNITY LEAVE AND PAY
1. GENERAL
Paternity leave is leave taken to allow a new father, or the partner or spouse of the mother to take paid time off work to care for the baby or support the mother of the baby.
By partner we mean a person whether of a different sex or the same sex who lives with the mother in an enduring family relationship but is not an immediate relative.
2. ORDINARY PATERNITY LEAVE
Eligible employees may take up to two weeks leave.
2.1 ELIGIBILITY AND ENTITLEMENT
Employees will need to satisfy the following conditions in order to qualify for Ordinary Paternity Leave. They must:
· have or expect to have responsibility for the child’s upbringing
· be the biological father of the child, partner or spouse of the mother
· have worked continuously for the University for 26 weeks as at the commencement of the 15th week before the baby is due
A qualifying employee will be entitled to paid leave if the baby is stillborn after twenty-four weeks of pregnancy. If the baby is born alive at any point in the pregnancy but dies later, the employee will be entitled to paid Ordinary Paternity Leave in the usual way.
2.2 LENGTH OF ORDINARY PATERNITY LEAVE
Eligible employees will be entitled to a total of two weeks’ Ordinary Paternity Leave which can only be taken in one block of either one or two weeks’. Ordinary Paternity Leave cannot be taken in units of less than one week and therefore if the employee attends work for part of a week then the rest of that week would not be able to be classed as Ordinary Paternity Leave.
The employee can choose to start their leave:
· from the date of the child’s birth (whether this is earlier or later than expected), or
· from a chosen date after the child’s birth
Leave can start on any day of the week on or following the child’s birth but must be taken:
· within 56 days of the actual date of birth of the child, or
· if the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth.
Only one period of leave will be available to an employee irrespective of whether more than one child is born as the result of the same pregnancy.
2.3 ORDINARY PATERNITY PAY
During their Ordinary Paternity Leave, most employees will be entitled to Statutory Paternity Pay (SPP) from the University.
SPP is paid at the standard rate (currently £138.18) or 90% of average weekly earnings if this is less than £138.18 for the duration of the paternity leave.
* Employees who do not qualify for SPP may be entitled to Income Support while on Ordinary Paternity Leave or additional financial support. Further information is available from Jobcentre Plus offices or Social Security offices.
If an employee takes one week’s Ordinary Paternity Leave, subject to twelve months’ continuous service with the University at the time of birth of the child the employee will receive one week’s full pay (inclusive of SPP).
If an employee takes two weeks’ Ordinary Paternity Leave, subject to twelve months’ continuous service with the University at the time of birth of the child the employee will receive one week’s full pay (inclusive of SPP) and one week’s SPP only.
Where an employee participates in the University’s BenefitsPlus scheme for pension or other purposes, Statutory Paternity Pay will be based on the individual’s full Notional Salary rather than the salary after ‘salary sacrifice’ has been deducted. For further information on Notional Pay, please see the BenefitsPlus area on the Human Resources website.
For detailed information on continued membership of BenefitsPlus for pension and other purposes during paternity leave, employees should consult HR Services.
2.4 NOTIFICATION REQUIREMENTS
Employees will be required to inform their line manager/HR Services of their intention to take Ordinary Paternity Leave by the commencement of the 15th week before the baby is expected, unless this is not reasonably practicable. They will need to inform their line manager/HR Services by submitting a completed ‘Notice of Intention to take Paternity Leave’ form.
The self-certificate must include a declaration that the employee meets certain eligibility conditions as part of the notice requirements (see attached form).
To apply for Ordinary Paternity Leave and Pay, please complete Part A of the attached form and return a copy to your Line Manager and HR Services as soon as possible.
Employees will be able to change their mind about the date on which they wish their leave to start providing they inform their line manager at least 28 days in advance (unless this is not reasonably practicable).
3. ADDITIONAL PATERNITY LEAVE
Employees may be able to take up to 26 weeks’ Additional Paternity Leave within the first year of their child’s life, provided that the mother has returned to work before using her full entitlement to maternity leave.
3.1 ELIGIBILITY AND ENTITLEMENT TO ADDITIONAL PATERNITY LEAVE
Employees will need to satisfy the following conditions in order to qualify for Additional Paternity Leave. They must:
· have or expect to have responsibility for the child’s upbringing
· be the biological father of the child, the mother’s husband or partner
· have worked continuously for the University for 26 weeks as at the commencement of the 15th Week before the baby is due
· must remain in continuous employment until the week before the first week of Additional Paternity Leave
· be taking the time off to care for the baby
The baby’s mother must also:
· be entitled to statutory maternity leave and statutory maternity pay or maternity allowance
· have returned to work with at least two weeks of unexpired statutory maternity leave entitlement remaining.
A return to work means that the mother has resumed working. A period of annual, sick or parental leave directly after the maternity leave but during the mother’s statutory maternity pay or maternity allowance period is not a return to work. However, once the mother has returned to work any subsequent period of leave does not affect entitlement to Additional Paternity Leave.
3.2 LENGTH OF ADDITIONAL PATERNITY LEAVE
Employees can start their Additional Paternity Leave any time from 20 weeks after the child is born. The leave must have finished by the child’s first birthday. Additional Paternity Leave must be taken as a single block in complete weeks. The minimum period is 2 weeks and the maximum period is 26 weeks.
Only one period of leave will be available to employees irrespective of whether more than one child is born as the result of the same pregnancy.
3.3 ADDITIONAL PATERNITY PAY
During Additional Paternity Leave the employee may receive Additional Statutory Paternity Pay in place of any SMP unused by the mother. This means that SPP will be paid only during the period that the mother would have received SMP or Maternity Allowance had she not returned to work. The remaining period of Additional Paternity Leave is unpaid.
Statutory Paternity Pay at the standard rate or 90% of average weekly earnings if this is less than the SPP standard rate will be paid by the University for the duration of the Additional Paternity Leave.
* Employees who do not qualify for SPP may be entitled to Income Support while on paternity leave or additional financial support. Further information is available from Jobcentre Plus offices or Social Security offices.
3.4 NOTIFICATION REQUIREMENTS FOR ADDITIONAL PATERNITY LEAVE
Employees are required to inform their line manager/HR Services of their intention to take Additional Paternity Leave giving at least 8 weeks prior notice. They will need to inform their line manager / HR Services by submitting a completed ‘Notice of Intention to take Paternity Leave’ form.
The self-certificate must include a declaration that the employee meets certain eligibility conditions as part of the notice requirements (see attached form).
To apply for Additional Paternity Leave and Pay, please complete Part A and Part B of the attached form and return a copy to your Line Manager and HR Services as soon as possible.
Employees will be able to bring forward their Additional Paternity Leave start date provided that they inform their Line Manager and HR in writing at least six weeks before the new start date. Employees may also postpone their start date, or cancel their leave altogether, provided that they inform their Line Manager and HR in writing at least 6 weeks before the original proposed start date , or if that is not possible, as soon as reasonable practicable.
HR Services are required to respond to employee’s notification of their leave plans within 28 days, confirming the relevant start and end dates of the Additional Paternity Leave and Pay.
3.5 TERMS AND CONDITIONS DURING ADDITIONAL PATERNITY LEAVE
During the period of Additional Paternity Leave, the employee’s contract of employment continues and they will continue to receive all contractual benefits except for salary.
Employees are encouraged to take any outstanding annual leave due to them before the commencement of Additional Paternity Leave. Employees are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during Additional Paternity Leave, the employee should wherever possible take his/her outstanding entitlement before starting his/her Additional Paternity Leave.
3.6 PENSION CONTRIBUTIONS DURING ADDITIONAL PATERNITY LEAVE
Pension contributions will be deducted for the period during which an employee is actually being paid. Contributions will be based on the actual payment received (including SPP).
Employer contributions will be made for the period during which an employee continues to be paid. Contributions will be based on the actual payment made (including SPP).
All paternity absence where contributions are paid counts as service towards pension benefits.
Please contact the University’s Pensions Officer (Finance Division) with regards to paying contributions to cover a period of unpaid Additional Paternity Leave.
3.7 CONTACT DURING ADDITIONAL PATERNITY LEAVE
Shortly before an employee's Additional Paternity Leave starts, the University will discuss and agree the arrangements for keeping in touch during their leave. The University reserves the right to maintain reasonable contact with the employee from time to time during their leave. This may be to discuss return to work arrangements or to communicate important information, such as promotion opportunities relevant to their job or news of changes at the workplace that might affect the employee on their return.
3.8 ‘KEEPING-IN-TOUCH’ DAYS
An employee, with the agreement of their manager, may attend the workplace for up to 10 days during their paternity leave period. These optional ‘keeping in touch’ days give employees the chance to attend work, to undertake training and keep in touch without bringing the period of paternity leave to an end and without affecting any transferred maternity pay. There is no obligation on either the University or the employee to make use of these days and neither the University nor the employee can independently request this, but rather there must be an agreement between the two parties.
Any work carried out on a day shall constitute a day's work for these purposes. For example, if an employee comes in to the workplace to attend a training session for 2 hours this will be classed as 1 ‘keeping in touch day’ from their allocation. There will be no additional remuneration paid to employees who take optional “keeping in touch” days.
3.9 RETURN TO WORK FROM ADDITIONAL PATERNITY LEAVE
The employee is expected to return at the end of the agreed period of additional leave, unless they notify their Line Manager otherwise. If he/she is unable to attend work at the end of Additional Paternity Leave due to sickness or injury, the University’s normal arrangements for sickness absence will apply.
If the employee wishes to return to work earlier than the expected return date, they must give their Line manager at least eight weeks’ notice in writing of the date of early return. If they fail to do so, the Line Manager may postpone the return to such a date as will give the University eight weeks' notice, provided that this is not later than the expected return date.
An employee returning from paternity leave has the right to return to their previous job on no less favorable terms and conditions as applied before the leave commenced.
Where it is not practicable for an employee to return to their original job because of redundancy/reorganisation, a suitable alternative post, on not less favourable terms and conditions must be offered where one exists.
The formal consultation/representative facilities must be available to the employee in these circumstances.
3.10 DECISION NOT TO RETURN TO WORK FROM ADDITIONAL PATERNITY LEAVE
If the employee decides not to return to work after Additional Paternity Leave, they must give notice of resignation as soon as possible and in accordance with the terms of their contract of employment. If the notice period would expire after additional paternity leave has ended, the University may require the employee to return to work for the remainder of the notice period.