Paternity Leave Policy Policy No. E03.2 Page 1 of 7
Contents PATERNITY PROVISIONS FOR ACADEMY STAFF... 3 INTRODUCTION... 3 ORDINARY STATUTORY PATERNITY LEAVE/PAY (OSPP)... 3 ELIGIBILITY... 3 TERMS AND CONDITIONS... 3 LEAVE ARRANGEMENTS... 3 PAY ARRANGEMENTS... 3 PENSION... 4 CHILDCARE VOUCHERS... 4 The EvolveTrust Claim for Ordinary Statutory Paternity Pay Leave/Pay (SPP4)... 1 Equality Act 2010 (Amendment) Order 2012 Impact Assessment... 2 Page 2 of 7
PATERNITY PROVISIONS FOR ACADEMY STAFF INTRODUCTION The purpose of this document is to provide advice and guidance on the paternity provisions which apply to all applicable staff within The Evolve Trust. ORDINARY STATUTORY PATERNITY LEAVE/PAY (OSPP) ELIGIBILITY In order to qualify for Ordinary statutory paternity leave (maximum duration is two weeks) employees must meet all of the following conditions: have or expect to have responsibility for the child s upbringing; be the biological father of the child or the mother s husband or partner. The same entitlement is available for same sex couples; have worked continuously for their employer for 26 weeks ending with the 15th week before the baby is due and continue to be employed by the same employer until the date the baby is born; in the case of adoption have worked continuously for their employer for 26 weeks ending with the week that they are notified of the match and have been continuously employed from the end of the week they are notified of the match to the date of the placement. TERMS AND CONDITIONS An employee is entitled to receive the same terms and conditions during adoption leave, this includes accrual of annual leave and bank holidays. Please contact the HR Team for further advice. LEAVE ARRANGEMENTS The employee must inform the Headteacher of their intention to take paternity leave by the end of the 15th week before the baby is expected by providing a copy of the MATB1 form given to the expecting mother. If the employee changes their mind they must give the Headteacher 28 days notice of the new date. Leave can be taken from the date of the child s birth, but must be taken from a chosen date within 56 days of the actual birth (or placement in the case of adoption). If the child is born early, leave may commence from the actual date of birth or within 56 days starting from the Sunday of the week the baby was originally due. In the case of adoption, notice must be given to the Headteacher no more than 7 days after the date of the match being notified and no less than 28 days before the date that payment of OSPP is to begin. If the employee changes their mind they must give the Headteacher 28 days notice of the new date and should complete a new SPP4 form. Only one period of Statutory Paternity Leave is available irrespective of whether more than one child is born. This means that once the employee has returned to work following Statutory Paternity Leave the entitlement has ended. Please see Shared Parental Leave policy for those wishing to find out more information on sharing maternity leave entitlement. If a school holiday period falls during Paternity Leave, this must be counted as part of the Paternity Leave entitlement (i.e., it is not possible, therefore, to take the week before and the week after a half term holiday). PAY ARRANGEMENTS To qualify for Ordinary Statutory Paternity Pay (OSPP) the employee must also have average Page 3 of 7
weekly earnings over a set period above a certain limit (based on government limits which are reviewed annually). Employees, who qualify, are entitled to take either one week or two consecutive weeks paternity leave. They will receive the current SPP (Statutory Paternity Pay) rate for the chosen period of paternity leave i.e. 1 or 2 complete weeks. However, Governors, have the discretion to allow the first week to be paid at full pay. Odd days are not permitted but the weeks can start on any day, for example, from Tuesday or Wednesday. Form SPP4 - Claim for Statutory Paternity Pay should be completed and returned to the HR Team. The date can later be changed, provided 28 days notice is given, if so a new SPP4 should be completed. PENSION The paternity pay period is treated as pay for pension purposes and pension contributions, based on the pay received, will be deducted. This means that these weeks count towards pension calculations when the employee retires. There is no obligation to pay contributions on any unpaid portion of paternity leave. However should the employee wish to pay pension contributions during this leave, advice should be sought from the HR Team. CHILDCARE VOUCHERS Please contact a member of the HR Team for information on joining a Childcare Voucher Scheme. If you have any further queries please contact a member of the HR Team. Page 4 of 7
The Evolve Trust Claim for Ordinary Statutory Paternity Pay Leave/Pay (SPP4) SECTION A - To be completed by Employee Name (BLOCK CAPITALS) Address Pay Number Department Post Full name of child s mother Dates of Paternity Leave (Please attach a copy of the MATB1 provided to the expecting mother) Signed From: To: Pay Point National Insurance No Date of birth of child I DECLARE THE INFORMATION GIVEN ABOVE IS CORRECT Date: SECTION B- To be completed by Headteacher Paternity absence is WITH PAY From: To: Paternity absence WITHOUT PAY From: To: Signature Name (Print) Designation Date: ALL sections above must be completed before forwarding to a member of the HR Team Page 5 of 7
Equality Act 2010 (Amendment) Order 2012 Impact Assessment Name of Policy: Paternity Leave Policy Date Analysis Undertaken: July 2017 General Duty Eliminate unlawful discrimination, victimisation and harassment and other prohibited conduct. Advance equality of opportunity between people who share a protected characteristic and those who do not Foster good relations between people who share a protected characteristic and those who do not Current Provision Policy in place was TUPE d over to the Trust. This was ratified by Governors and appropriate Trade Unions and no changes to procedure that require consultation. Task to be completed / Undertaken Ensure changes agreed by governors for signoff. Support needed / Date for action / Lead Keep abreast of statutory requirements regarding Paternity regulations. Ongoing MD Keep abreast of statutory requirements regarding Paternity regulations. Ongoing MD Keep abreast of statutory requirements regarding Paternity regulations. Ongoing MD Page 7 of 7
Protected Characteristic Race Religion or Belief Gender / Gender Reassignment Template for self-assessment and action planning: Equality Act 2010 (Amendment) Order 2012 Engagement Evidence and action Positive Impact Negative Impact Neutral Impact undertaken taken/outcome Sexual Orientation Disability Age Other (please specify) Summary: Undertaken by: (PRINT NAME) Signature Maxine Day M Day Date: 25 July 2017 QA: (PRINT NAME) QA Signature: Page 7 of 7