Paternity Policy – Plymouth University
Paternity Policy
Summary
This policy provides information for employees and managers about the University’s paternity provisions to which employees are entitled.
The document explains the components being statutory paternity pay and leave, and occupational pay.
The document ensures that employees are informed about the correct procedures and their entitlement so that they are able to make appropriate arrangements regarding paternity leave.
The policy applies equally to heterosexual intended parents and same-sex couples.
- Contents
Section / Page reference
Summary / 1
List of acronyms / 2
Paternity Leave and Pay
Occupational pay / 3
4
Antenatal Attendance / 5
Before Paternity Leave starts
The Employment Relationship
Returning to Work
Legal Requirements
Review / 5
6
6
7
8
- List of Acronyms
SPP / Statutory Paternity Pay
OPP / Occupational Paternity Pay
EWC / Expected week of confinement – the week, commencing on a Sunday, during which it is expected that the baby will be born.
MATB1 / Certificate issued by the Doctor or Midwife confirming the EWC above.
SC3 / HMRC application for Statutory Paternity Pay and Leave.
3Paternity Leave
3.1Paternity Leave Entitlement
An employee whose wife, civil partner or partner gives birth to a child, or who is the biological father of the child is entitled to two weeks’ ordinary paid paternity leave. The employee must also have, or expect to have, responsibility for the upbringing of the child and be making the request for Paternity Leave to help care for the child or to support the child’s mother.
Paternity Leave is also available to adoptive parents where a child is matched or newly placed with them for adoption. Either the adoptive parents may take ordinary paternity leave ifthe other adoptive parents haselected to take adoption leave. See Adoption Policy.
3.2 The Paternity Leave Period
An employee is entitled to up to two week’s paternity leave provided they have 26 weeks continuous service by the end of the 15th week before the week in which the child is expected.
Paternity leave cannot start before the child is due and must be taken in a single block of one or two weeks within 8 weeksof the baby’s birth.
If the baby is born early, the leave must be taken from the time of the birth but within 8 weeks from the birth date.
4.Paternity Pay
4.1Statutory Paternity Pay (SPP)
Entitlement to SPP is determined by the length of service and the amount of national insurance contributions paid by the Qualifying Week. The Qualifying Week is the 15th week before the expected week of childbirth.
Employees with 26 weeks’ or more service at the qualifying week are eligible to receive SPP if their earnings are above the lower earnings limit. SPP is paid for up to 2 weeks as follows:
- The statutory weekly rate or 90% of average weekly earnings whichever is the lower
SPP is a fixed amount, which is reviewed by the government annually in the budgetary process.
Entitlement to all SPP is lost if the employee is taken into legal custody or works for an employer other than the University, even for just one day, at any time whilst in receipt of SPP
N.B For certain groups of employees, continuous service with other employers may count towards the service used to calculate paternity benefits. Please refer to your contract of employment for details.
4.2Occupational Paternity Pay (OPP)
Employees with 1 years’ continuous service at the qualifying week and earnings above the lower earnings limit are eligible to receive Occupational Paternity Pay (OPP):
- 2 weeks at full pay inclusive of SPP
Occupational pay is determined on received actual salary and continuing allowances at the time paternity leave commences and is fixed throughout the duration of the paternity pay period.
For hourly paid employees, the level of occupational pay will be determined by average pay weekly pay based on the hours worked in the 8 weeks prior to the matching week.
5. Communication
During the paternity leave period an employer may make reasonable contact with the employee. Before the employee departs on paternity leave the line manager should discuss the amount of contact with the University that would be helpful during the leave period.
In any case, the employee must be kept informed of any information relating to their job which they would normally be made aware of if they were at work.
6.Antenatal Care
Expectant fathers or the partner of the pregnant employee will be entitled to take unpaid time off work to attend two antenatal appointments with their partner. Employees are requested to minimise disruption to their duties through such appointments. The manager is entitled to request evidence of the appointments.
7.Before Paternity Leave starts the employee must: -
a) Give the line manager and Human Resources written notice of the intendedpaternity leave start date by the 15th week before the expected week of childbirth. If the date is changed, the line manager and Human Resources must be informed at least 28 days before the leave is due to commence.
b)In the case of an adopted child, the employee must give written notice of their intention to take paternity leave no later than 7 days after the date on which notification of the match with the child was given by the adoption agency.
c) Discuss with the line manager the amount of contact with the University they would find helpful whilst on paternity leave.
d) Complete and SC3
8. The Employment Relationship
Conditions of service and contractual terms – the employment terms and conditions are protected and employees are entitled to any pay rises and improvements in terms and conditions given during the leave.
Annual leave accrues throughout the full period of paternity leave. Leave also accrues for any statutory public holiday and/or University closure day that falls during the period of paternity leave. Accrued leave will be calculated and confirmed by the line manager. Any variation to this or the need to carry over into the following leave year should be discussed and agreed with your linemanager.
Pension Contributions – Employer and employee pension contributions will continue duringpaid paternity leave . The employee should contact the HR Administrator within Human Resources for information about their pension benefits as the terms vary for different schemes.
Notice Periods During Paternity Leave - Normal contractual notice conditions continue to apply during periods of paternity leave. If an employee tenders their resignation during the paternity leave period, the date of termination will normally be the end of the contractual notice period.
9.Returning to Work
On return from paternity leave, employees will return to their current job,
It should be noted that where parental leave is taken immediately following paternity leave, the terms of the parental leave policy will apply in deciding which job an individual returns to. The employee should refer to the Parental Leave Policy.
The manager should confirm with Human Resources on the first day of return to work that the individual has either returned, or is on authorised leave. This will help to ensure that pay is accurate.
10.Shared Parental Leave
Employees who wish to opt into Shared Parental Leave must give 8 weeks’ notice to their line manager. The employee should refer to the Shared Parental Leave Policy to confirm eligibility and entitlement before confirming their intentions. Statutory paternity leave must be taken before any application for Shared Parental Leave.
11.Parental Leave
The employee may apply to transfer from paternity leave to Parental Leave provided they meet the qualifying criteria by the time the parental leave is due to start. The employee should refer to the Parental Leave policy.
12.Flexible Working
There is a legal requirement for the relevant manager to seriously consider any request by an employee to be permitted to return on a part-time or job-share basis at the end of adoption leave. Such requests must normally be met unless there are justifiable business reasons to refuse (Please refer to the Flexible Working Policy and the Job Share Policy found on the HR Community). Managers should discuss the matter with an Employee Relations Specialist in HR before turning down such a request.
13.Legal Requirements
Managers should be aware that the University is bound by certain legal requirements in relation to paternitysituations:
- Employees are also protected from unfair treatment at work in connection with taking paternity leave. An employee who believes they have been treated unfairly on any of these grounds can complain through the University’s Grievance Procedure or to an Employment Tribunal.
- A manager cannot dismiss an employee, or fail to renew their fixed-term contract, for a reason related to adoption or because they took paternity leave. Managers and staff who find themselves in a situation where a fixed term contract would be due to terminate while the employee is on paternityleave should seek advice from an Employee Relations Specialist in HR at the earliest opportunity.
- Employees onpaternity leave are also protected with regard to redundancy, and must be offered any suitable alternative employment available even if other colleagues are more suitable for the role. If a suitable alternative position is not available, then redundancy will be applied in line with statutory and contractual entitlements.
If you are in any doubt about a particular aspect of this policy, please contact the HR Administrator for assistance.
14.Review
The University is committed to improving the way we lead and develop people, including ensuring all procedures are fit for purpose at individual, team and organisational level.
This procedure will be reviewed as necessary, taking into account user feedback, evaluation mechanisms and any changes in statutory regulations that may be relevant. Any feedback or comments that could improve the procedure should be fed back to the document owner.
Version: , Date of last review:January 2016 1
Document Owner: Head of HR Operations
Paternity Policy – Plymouth University
Version: , Date of last review:January 20161
Document Owner: Head of HR Operations