Paternity Policy
Introduction
Paternity leave is the right to take paid leave to care for a child or support the mother or primary adopter.
Paternity leave may be taken after the birth of a baby or the adoption of a child under the age of 18.
Paternity leave is open to employees in same-sex relationships as well as adoptive parents, biological and non-biological fathers.
Paternity Benefits
The University offers five days full pay leave irrespective of length of service for all employees. Employees may also be eligible for an extra weeks leave at the statutory paternity pay rate if they have at least 26 weeks’ continuous service by the end of the 15th week before the expected week of childbirth (EWC) or at least 26 weeks’ continuous service by the end of the week in which he or she is formally informed by an approved adoption agency that he or she (or his or her partner) has been matched with a child for adoption.
Slightly different rules apply if the child is being adopted from overseas. In this case, the adoptive parent must have at least 26 weeks’ continuous service and this must:
- end with the week in which the adoptive parent receives notification from the relevant domestic authority.
or - commence with the week in which the adoptive parent’s employment began.
To be eligible to receive Statutory Paternity Pay the employee must have average weekly earnings that equal or exceed the lower earnings limit for National Insurance contributions at the qualifying week.
- end with the week in which the adoptive parent receives notification from the relevant domestic authority.
Paternity Leave after Birth
In order to take paternity leave after the birth of a child, an employee must:
- be the child’s biological father, and must have, or expect to have, responsibility for the child’s upbringing.
or
be the spouse or partner of the mother, and must have, or expect to have, the main responsibility for the child’s upbringing (apart from the responsibility of the mother). Same sex partners are eligible. - have formally notified the employer of his or her intention to take paternity leave;
- provided documentary evidence supporting his/her right to take paternity leave if requested.
- be the child’s biological father, and must have, or expect to have, responsibility for the child’s upbringing.
Paternity Leave after Adoption
In order for an adoptive parent (who is not taking statutory adoption leave, or the partner of an adoptive parent) to be entitled to take paternity leave to care for an adopted child (adopted in the UK), he/she must:
- be the joint adopter of the child or be married to, or the partner of, the adopter, and have, or expects to have, the main responsibility for the child’s upbringing, apart from the responsibility of the adopter;
- have formally informed the University of his or her intention to take paternity leave and provided documentary evidence supporting his or her right to take paternity leave, if requested.
Period of Leave
The following rules apply:
- Paternity leave is for a maximum of two weeks;
- Employees can choose to take either one week or two consecutive weeks;
- The legislation does not make provision for the employee to take the leave over a number of non-consecutive days or weeks;
- If the employee elects to take only one week’s leave, he or she may not take a further weeks’ leave at a later stage;
- The leave may begin on any day of the week, which may include the day on which an employee’s child is born or adopted;
- The length of paternity leave is unaffected by multiple births or if more than one child is adopted as part of the same placement;
- Paternity leave must be taken within 56 days of the birth of a child or, in the case of adoption, within eight weeks of the child’s placement;
- In the case of birth, if the baby is born prematurely the employee may take paternity leave at any time from the actual date of birth up to the end of a period of eight weeks after the week the birth was expected;
- Where the baby is born late, the employee must delay the start of the leave until the baby is actually born.
Notification Requirements
Birth
In order to take paternity leave after the birth of a child, an employee must notify their line manager in writing of his or her intention to take paternity leave by the end of the 15th week before the mother’s EWC, or as soon as is practicable thereafter.
Adoption
In order to take paternity leave after the adoption of a child in the UK, the employee must notify their line manager in writing of his or her intention to take paternity leave no later than seven days after the date on which notification was received from the adoption agency of the match with the child.
If the adopted child is being placed from abroad, the employee must notify their line manager in writing of:
- the date the adoptive parent received official notification of the placement;
- the date on which the child is expected to enter the UK.
This notification must be done within 28 days of the adoptive parent receiving the official notification of the placement, or within 28 days of the employee completing 26 weeks’ continuous service (whichever is later).
Declaration of Right to Take Paternity Leave
The University may request an employee to provide a signed declaration that he or she satisfies the conditions of entitlement to paternity leave, and that his or her absence from work will be for the purpose of caring for the child or supporting the child’s mother or adopter.
Commencement of Paternity Leave
As long as the employee takes his or her entitlement to one or two weeks of paternity leave within 56 days of the birth or adoption of the child, he or she can choose when to start the leave. In general, paternity leave starts on the date specified in the employee’s notice.
In the case of birth, an exception to this is when the employee chooses to start his or her paternity leave on the day the baby is born and he or she is at work on that date. In such a case, the leave would start the next day.
It is not possible for prospective fathers to take paternity leave before the birth of a baby, eg for antenatal care.
Variation of Start Date
If, having provided notification of his or her intention to take paternity leave on a specified date, the employee wishes to change the start date, he/she must give their line manager at least 28 days’ notice as to the revised start date. Notice of the variation should be given as soon as possible, and must be in writing if the University requests it.
Further Notice
In all cases, once the baby has been born or the child has been placed for adoption, the employee must inform the University of the date of birth or placement. This must be in writing, if the employer requests it.
Rights and Responsibilities during Paternity Leave
Terms and Conditions during Paternity Leave
During paternity leave an employee’s contract of employment continues and, apart from remuneration, he or she is entitled to the continuation of all his or her terms and conditions of employment.
This means that the employee should be treated as if he or she were not absent from work and all benefits etc should continue. In the same way, the employee is bound by any obligations that arise under the contract of employment, eg confidentiality. He/She will obviously not be bound by any obligations that are inconsistent with taking paternity leave, e.g. the duty to turn up for work.
Right to Return after Paternity Leave
Employees returning to work after one or two weeks’ paternity leave have the right to return to the job that they held immediately before their leave began, on the same terms and conditions of employment.
The same right applies to an employee returning to work after a period of paternity leave that was the last of two or more consecutive periods of leave (which includes additional maternity leave, adoption or parental leave) of more than four weeks. In these circumstances, if it is not reasonably practicable for the employee to return to the same job, he or she must be offered another position which is both suitable for the employee and appropriate for him/her to do in the circumstances.
After a period of one or two weeks of paternity leave, there is no requirement for the employee to give the employer notice of his or her return date.
Notes
Where an employee’s child is stillborn he/she will only be entitled to take paternity leave if the stillbirth occurs after the 24th week of pregnancy.
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