PATERNITY LEAVE
POLICY AND PROCEDURE
.
in relation to children whose expected week of childbirth begins on or after 5th April 2015
Originator:
Date:
Approved by:
Type:
Graham Curling
2002
SMT
Policy and procedure
Revised:
25.01.2011
11.06.2014
PATERNITY LEAVE POLICY AND PROCEDURE
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CONTENTS
1
Introduction
3
2.
Scope
3
3.
General principles
3
4.
The procedure
3
5.
Paternity leave for employees who are adopting
4
6.
Statutory paternity pay (SPP)
5
7.
Terms and conditions during and returning from paternity leave
6
8.
Circumstances in which SPP is lost
6
9.
Protection from detriment and dismissal
7
10.
General points
7
APPENDIX 1:
Notification of paternity leave and pay claim form
APPENDIX 2:
Notification of paternity leave and pay claim form (adoption)
8
10
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1.
Introduction
1.1
2.
The College’s policy is to comply with both the letter and spirit of the law on paternity rights
including additional paternity leave. Its aim is to inform all employees of their rights,
entitlements and obligations in relation to children whose expected week of childbirth begins
on or after 5th April 2015. For ease of reference, this policy document refers to an employee
taking paternity leave as “he” rather than “she” but should be read as either.
Scope
2.1
Paternity leave can be taken for the purposes of caring for a child or supporting the mother of
the child immediately after birth or adoption.
2.2
Although, in most cases, paternity leave will be taken by fathers, women may be able to take
paternity leave in the situation where either:


2.3
3.
It is possible for parents to take both paternity leave and parental leave, although parental
leave will be unpaid.
General Principles
3.1
4.
the partner of the birth mother is a woman; or
in cases of adoption, the father takes adoption leave. Since the father cannot take both
adoption leave and paternity leave, the woman will be able to take the paternity leave
instead.
The College has an obligation to pay statutory paternity pay, to those employees who are
eligible to receive it. This procedure explains regulations affecting entitlement to both
statutory and contractual paternity benefits.
The Procedure
4.1
Paternity leave (birth parent)
In order to be eligible to take paternity leave, an employee must have at least 26 weeks of
continuous employment leading into the 15th week before the expected week of the
childbirth. He must also have, or expect to have, responsibility for the upbringing of the
child. Further, the employee must fit into one of the following categories:



is the biological father of the child; or
is married to the child's mother; or
is the partner of the child's mother.
A partner is defined as somebody, either of the same or different sex, who lives with the
mother in an enduring relationship and is not a blood relative.
4.2.1 Giving notice to take paternity leave (birth parent)
An employee who wishes to take paternity leave must give the College notice of the
following:
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PATERNITY LEAVE POLICY AND PROCEDURE
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



the expected week of the child's birth or, if the birth has already occurred, the date of
the child's birth;
the length of the period of leave which the employee requires to take;
the date on which leave will begin; and
a declaration that the employee meets the conditions as to relationship with the child and
the child's mother.
This notice must be given in or before the 15th week before the expected week of childbirth
or, where this is not reasonably practicable, as soon as is reasonably practicable.
4.3
An employee may change his mind about the length of leave he wishes to take or the date on
which he wishes for it to start, provided he gives the College 28 days' notice prior to the start
date originally specified. If this is not reasonably practicable, he must give notice as soon as
is reasonably practicable.
4.4
The College may request confirmation of a child's birth date, and if this request is made the
employee must provide this within 28 days.
4.5
Duration and commencement of paternity leave for birth parent.
Paternity leave may be taken for two weeks, a week meaning any period of 7 days. An
employee can either take one week's leave or two consecutive weeks' leave. It is not possible
to take two non-consecutive weeks of leave.
Leave must be taken either within 56 days of the child's birth or within 56 days of the first
day of the expected week of the childbirth, whichever is the later.
Leave may begin on the date on which the child is born or, where the employee is working for
his employer on that day, on the following day. Alternatively, the employee may specify that
he wishes to take leave a certain number of days after the expected week of the child's birth
or else on a predetermined date which is later than the first day of the expected week of the
child's birth.
If a father wishes to take time off to attend the labour and the birth itself, this can be taken
as emergency authorised absence.
5.
Paternity leave for employees who are adopting
5.1
Subject to similar service and notification requirements, an employee can take paternity
leave in respect of a newly adopted child. 'Child' is defined as a person less than 18 years. In
this case, paternity leave is to be taken for the purpose of caring for a child or supporting the
child's adopter. The employee's entitlement to leave is not affected by the adoption of more
than one child, i.e. it is not possible to take more leave for a multiple adoption.
5.2
In order to take paternity leave, the employee must have been continually employed for a
period of not less than 26 weeks ending with the week in which the adopter is notified of
being matched with the child for the purposes of adoption and provided he has or is expected
to have responsibility for the upbringing of the child. Further, the employee must be either:



married to the child's adopter; or
the partner of the child's adopter; and
not taking adoption leave in respect of the child.
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5.3
Giving notice to take paternity leave (adoptive parent)
The employee must give the College notice of his intention to take paternity leave, specifying
the following:




the date on which the child is expected to be placed with the adopter;
the length of the period of leave that the employee requires to take;
the date on which the employee would like the leave to begin; and
a declaration that the employee meets the conditions as to relationship with the child and
the child's adopter.
5.4
This notice should be given to the employer no more than 7 days after the date on which the
adopter is notified of having been matched with a child or, if this is not reasonably
practicable, as soon as is reasonably practicable.
5.5
An employee may change his mind about the length of leave he wishes to take, or the date on
which he wishes it to start, provided that he gives the College 28 days' notice prior to the
start date originally specified. If this is not reasonably practicable, he must give notice as
soon as is reasonably practicable.
5.6
All such notices should be given in writing.
5.7
An employee should inform the College of the date of the child's placement if so requested,
within 28 days or as soon as is practicable.
5.8
Duration and commencement of paternity leave for adoptive parent.
Paternity leave may be taken for two weeks, a week meaning any period of 7 days. An
employee can either take one week's leave or two consecutive weeks' leave. It is not possible
to take two non-consecutive weeks of leave.
Leave must be taken either within 56 days of placement for adoption or within 56 days of the
first day of the expected placement for adoption, whichever is the later.
Leave for adoptive parents can begin on one of the following:



6.
the date on which the child is placed with the adopter or, if the employee is working, the
following day;
a date falling such number of days after the adoption date as the employee may specify;
or
some other predetermined date, as specified by the employee, which is later than the
date on which the child is expected to be placed with the adopter.
Statutory Paternity Pay ("SPP")
6.1
SPP is available to employees who have been employed for a continuous period of at least 26
weeks ending either with the 15th week leading into the expected week of the child's birth or
with the week in which the child's adopter is notified of being matched with the child.
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6.2
The employee is entitled to paternity pay at a prescribed weekly limit set by government, or
90% of average weekly earnings if the employee earns less than this rate. The employee may
choose when the SPP period will begin, to coincide with those dates on which he is taking
leave. He should give the College at least 28 days' notice of when he would like SPP to begin.
If this is not reasonably practicable, he must give notice as soon as is reasonably practicable
6.3
An employee who qualifies for SPP will be entitled to receive contractual paternity pay. This
is paid at the rate of full pay for the first week of paternity leave. A week’s pay is the
amount payable to the employee under his current contract of employment. Where there are
no normal working hours, `a week` is the employee’s average remuneration in the period 12
weeks preceding the date on which the last complete week ended, excluding any week in
which no remuneration was earned.
6.4
Not all employees will be eligible for SPP. Those below the earnings threshold should apply to
the Benefits Agency to see whether they may be entitled to Income Support.
6.5
In order to receive SPP, an employee must provide evidence in writing of the following:





7.
8.
name;
date of child's birth/expected week of child's birth or date of placement for
adoption/expected date of placement;
the date from which he expects SPP to begin;
whether the period for which SPP is to be payable is a week or two weeks;
a written declaration that he meets the conditions as to relationship with child and child's
mother/child's adopter.
Terms and conditions during and returning from paternity leave
7.1
During the period of absence on paternity leave, an employee is entitled to the benefits of
the terms and conditions of employment that would have applied if he had not been absent,
except in relation to receipt of salary.
7.2
An employee is bound by all obligations arising under his contract of employment except in so
far as they are inconsistent with the employee's right to take paternity leave. So, for
example, an employee would obviously not be expected to attend work during this time.
Although contact with the employee about work related matters during this time may be
necessary, it should be kept to a minimum and handled sensitively.
7.3
An employee has the right to return to work after paternity leave to the job in which he was
employed before his absence with his seniority and pension rights preserved.
Circumstances in which SPP is lost
8.1
An employee will lose his right to receive SPP or Contractual paternity Pay if they:



start working for another employer who is liable to pay him SPP;
returns to work;
is receiving statutory sick pay.
An employee will not lose SPP simply because he is taken into legal custody or is sentenced to
imprisonment.
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9.
Protection from detriment and dismissal
9.1
10.
It is unlawful to subject an employee to a detriment or to dismiss him for having exercised his
right to paternity leave or for seeking to exercise it. Any such dismissal will be automatically
unfair, regardless of length of service.
General points
10.1 A person who would have been continuously employed for 26 weeks up to the 15th week
leading into the expected week of childbirth will not lose entitlement to SPL or SPP if the
child is born prematurely.
10.2 Paternity leave and SPP will be available in respect of stillbirths which occur after 24 weeks
of pregnancy.
10.3 Paternity leave and SPP will not be lost in the following circumstances, if in all other
respects, eligibility conditions are satisfied:




the mother dies;
the child dies;
the child's adopter dies;
the placement, having commenced, ends.
10.4 Employees are also referred to the College’s policies on Shared Parental Leave and Parental
Leave.
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PATERNITY LEAVE POLICY AND PROCEDURE
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LEEDS COLLEGE OF ART
Notification of Paternity Leave and Pay Claim Form
Employees who wish to claim Paternity Leave as the birth parent should arrange an appointment with the
Head of HR or their nominee who will explain the benefits applicable to their individual circumstances in
full. This form should then be completed and returned to the Head of HR as soon as possible but not less
than 15 weeks before you intend to start your paternity leave.
Surname_________________________________ First Name ___________________________________
Job Title__________________________________ Payroll No ___________________________________
Please complete/delete as appropriate
1
I have more than 26 weeks continuous service with Expected Date of Childbirth:
Leeds College of Art as at the 15th week before
Or
the expected date of childbirth.
Date of birth of child
2.
I confirm I have responsibility for the upbringing of I am the biological father of the child or
the child:
I am married to the child’s mother
I am the partner of the child’s mother
(please delete as appropriate)
3.
I confirm I wish to take paternity leave as follows:
From
To
From
To
4.
I claim entitlement to statutory paternity pay.
In making this claim I undertake to inform you
immediately should I start working for another employer, return to work or commence receiving
statutory sick pay.
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PATERNITY LEAVE POLICY AND PROCEDURE
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5.
I agree to provide evidence of the child’s birth date if required.
I agree that if any reason the monies paid to me with respect to either Contractual or Statutory
Paternity Pay are greater than that which is due to me under the terms and conditions of employment,
I shall refund the excess to Leeds College of Art.
Signed
Dated
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PATERNITY LEAVE POLICY AND PROCEDURE
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LEEDS COLLEGE OF ART
Notification of Paternity Leave and Pay Claim Form
Employees who wish to claim Paternity Leave as an Adoptive Parent should arrange an appointment with the
Head of HR or their nominee who will explain the benefits applicable to their individual circumstances in
full. This form should then be completed and returned to the Head of HR as soon as possible not less than
15 weeks before you intend to start your paternity leave.
Surname_________________________________ First Name ___________________________________
Job Title__________________________________ Payroll No ___________________________________
1.
2.
I have more than 26 weeks continuous service with Expected date the child will be placed with the
Leeds College of Art ending with the week in adopter:
which the adopter is notified of being matched
with the child.
I confirm I have responsibility for the upbringing of I am married to the child’s adopter; or
the child.
I am the partner of the child’s adopter; and
I am not taking adoption leave in respect of the
child
(please delete as appropriate)
3.
I confirm I wish to take paternity leave as follows
From
To
From
To
4.
I claim entitlement to statutory paternity pay.
In making this claim I undertake to inform you
immediately should I start working for another employer, return to work or commence receiving
statutory sick pay.
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PATERNITY LEAVE POLICY AND PROCEDURE
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5.
I agree to provide evidence of the child’s birth date if required.
I agree that if any reason the monies paid to me with respect to either Contractual or Statutory
Paternity Pay are greater than that which is due to me under the terms and conditions of employment,
I shall refund the excess to Leeds College of Art.
Signed
Dated
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11