CONTENTS. Section 1.0 Policy Introduction 2. Section 2.0 Eligibility Criteria For Paternity Leave 2

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1 Paternity Leave Procedure CONTENTS Section 1.0 Policy Introduction 2 Section 2.0 Eligibility Criteria For Paternity Leave 2 Section 3.0 Notification Requirements Of Paternity Leave 2 Section 4.0 Entitlements To Paternity Leave 3 Section 5.0 Eligibility Criteria For Statutory Paternity Pay 4 Section 6.0 Notification Requirements For Statutory Paternity Pay 4 Section 7.0 Statutory Paternity Pay 4 Section 8.0 Eligibility Criteria For Occupational Paternity Pay 4 Section 9.0 Occupational Paternity Pay 4 Section 10.0 Terms And Conditions During Statutory/Occupational Paternity Leave 5 Section 11.0 If You Lose Your Baby 5 Section 12.0 Periods Of Leave And The Payment Of Pension Contributions 6 Page 1 of 6

2 1.0 Policy Introduction 1.1. Paternity leave may be used when you wish to take time off because your partner is having a baby, adopting a child or having a baby through a surrogacy arrangement In the case of adoption the qualifying week is the week in which a prospective adopter is notified they have been matched for adoption with a child In a maternity case or a surrogacy arrangement the qualifying week is the end of the 15th week before the expected week of the child s birth The procedure applies to all employees of the University who have not previously received any entitlements in accordance with the Maternity or Adoption Leave Procedures for the same child. The University has a procedure for Shared Parental Leave which will provide you with more information about your eligibility and entitlements to leave to support you in your caring responsibilities. 2.0 Eligibility Criteria for Paternity Leave 2.1. Paternity Leave is available to employees who: Have or expect to have responsibility for the child s upbringing Are the biological father of the child Are the mother s/adopter s husband or partner (including same sex relationships) Are the intended parent (if you are having a baby through a surrogacy arrangement) Are the child s adopter Have worked continuously for the University for 26 weeks by the qualifying week Are in a couple and are taking the time off either to support the mother/ adopter/intended parent to care for the child You cannot get paternity pay and leave if you ve taken paid time off to attend adoption appointments. 3.0 Notification Requirements of Paternity Leave 3.1. Requests for paternity leave should be made in writing to the Line Manager, and no later than the qualifying week. In the case of adoption, notice should Page 2 of 6

3 be given to the University within 7 days of your co-adopter or partner being matched with a child It is acknowledged that the precise dates requested for paternity leave may not be known in advance. On these occasions the employee must inform the line manager of the relevant dates at the earliest opportunity and also of the likely duration of the paternity leave requested The written request should contain details of the intended first date of absence and the individual must indicate whether he/she is requesting one or two weeks Paternity Leave. In addition employees will be requested to provide a self-certificate of entitlement to leave prior to paternity leave being granted (form SC3). Forms are available from Human Resources and Organisational Development (Payroll). The completed form SC3 and a copy of the written request should be forwarded to Human Resources and Organisational Development An individual can change the date he/she wants the Paternity Leave to start providing their line manager is given at least 28 days notice (unless this is not reasonably practicable) Following the period of Paternity Leave, the line manager will ensure the absence is recorded on My View in order than appropriate changes can be made to an individual s pay. 4.0 Entitlements to Paternity Leave 4.1. Employees who meet the above eligibility criteria can choose to take either one week or two consecutive weeks' Paternity Leave. Paternity Leave must be taken in a single block and cannot be taken as odd days or as two separate weeks. A week is the same amount of days that you normally work in a week e.g. if you only work on Mondays and Tuesdays a week is 2 days In the case of multiple births, the individual will be entitled to only one period of Paternity Leave Paternity leave can be taken: at any time commencing from the date of the child s birth (maternity cases) on the date of placement (in the case of adoption) on the date the child arrives in the UK or an agreed number of days after this (overseas adoptions only) Page 3 of 6

4 the day the child is born or the day after if you are working that day (surrogate parents) 4.4. Leave must be taken within 56 days of the birth of the child or placement or the child s arrival in the UK (overseas adoptions). 5.0 Eligibility Criteria for Statutory Paternity Pay 5.1. In addition to the eligibility criteria outlined above, you may be entitled to Statutory Paternity Pay if: You are an employee who has worked for the University continuously for at least 26 weeks by the qualifying week (see above). You will be employed by the University up to the date for birth, and You have an average weekly earnings at least equal to the lower earnings limit. 6.0 Notification Requirements for Statutory Paternity Pay 6.1. In maternity and surrogacy cases, you must give the University notification of your intention to take Statutory Paternity Leave and Pay at least 15 weeks before the week the baby is expected. You must advise the University, in writing, when the baby is due and when you want to start your leave In the case of adoption you should give the University notice no later than 28 days before you want your pay to start. 7.0 Statutory Paternity Pay 7.1. The statutory weekly rate of Paternity Pay is the lesser of either Statutory Paternity Pay or 90% of the individual s earnings limit. 8.0 Eligibility Criteria for Occupational Paternity Pay 8.1. Where an employee has at least one years service at the beginning of the qualifying week (see above) they may be entitled to Occupational Paternity Pay. 9.0 Occupational Paternity Pay 9.1. During the first week of Paternity Leave, eligible employees will be paid by the University at their normal rate of pay. This will include an element of Statutory Paternity Pay (SPP) where appropriate, which is effectively Page 4 of 6

5 enhanced by the University to equal full pay. Employees who take a second week of Paternity leave will receive Statutory Paternity Pay for this week A week s pay for these purposes is calculated as the normal weekly wage i.e. the amount payable to the individual under the contract of employment (including bonus payments and contractual overtime). Where there are no normal working hours, a week s pay is calculated as the individual s average remuneration in the 12 week period preceding the 15 th week before the EWC on which the last complete week ended, excluding any week in which no remuneration was earned All paternity leave is regarded as continuous service. Employees taking paternity leave have the right to return to the same position following a period of leave The entitlement to paternity leave does not preclude entitlement to other leave arrangements as detailed in the other Family Leave policies, except the provision of Adoption Leave and Maternity Leave Terms and conditions during Statutory/Occupational Paternity Leave During paternity leave the contract of employment continues in force. All terms and conditions of the contract continue with the exception of salary. In particular the following benefits continue: Any benefits in kind Annual leave entitlement/accruing annual leave The University s implied obligation of trust and confidence and the employee s duty of good faith The contractual notice for terminating employment A redundancy payment in the event of redundancy Terms of contract relating to disciplinary and grievance procedures Salary will be replaced by statutory and/or occupational paternity pay if the employee is eligible to receive it and pension contributions will continue to be made for periods during which the employee is paid If you lose your baby You will still be entitled to paternity leave and/or pay, as appropriate, if your baby is: Page 5 of 6

6 stillborn from 24 weeks of pregnancy, or born alive at any point during the pregnancy Family Leave Policy 12.0 Periods of Leave and the Payment of Pension Contributions Members of the Local Government Pension Scheme ( LGPS ) or The Teachers Pension Scheme ( TPS ) will be required to pay pension contributions during periods of paid Paternity Leave Individuals are advised to refer to the relevant pension scheme s provisions for further details: Local Government Pension Scheme Teachers Pensions Page 6 of 6