Paternity leave policy
Introduction
The paternity leave and pay policy complies with statutory requirements and offers enhanced benefits depending on an employee’s length of service.
Paternity leave and pay applies to employees who are the biological father of a new baby and/or whose partner has taken either maternity or adoption leave. The policy covers same-sex partners and civil partners.
Statutory Paternity Leave is made up of Ordinary Paternity Leave and Pay and Additional Paternity Leave
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Eligibility and notice requirements
To qualify for paternity leave and pay employees must:
- have 26 weeks continuous service with the Commission on the 15th week before the expected week before the baby due ('qualifying week'). In the case of adoptions, the employee must have 26 weeks continuous service on week when they are matched with a child ('matching week')
- be working with the Commission up until the date of the birth/placement
- notify the Commission of the intention to take paternity leave by submitting a Self Certificate Form (SC3) at least 15 weeks before the beginning of the week when the baby is due
- in adoption cases form SC4 should be completed within seven days of being told by the adoption agency that a match with a child has been agreed
- the intended start date for paternity leave will be given on the Self Certification Form (SC3/SC4). If an individual wishes to change the leave date 28 days notice must be given unless not reasonably practical
- confirm the date of childbirth/date of adoption placement to Human Resources within 28 days
- employees wishing to take Additional Paternity Leave in addition to Ordinary Paternity Leave must also complete Form SC7. This must be submitted at least eight weeks before the intended start date. In the case of adoptive parents wishing to take Additional Paternity Leave, Form SC8 should be completed
- to be entitled to pay during Additional Paternity Leave the mother/primary carer must have returned to work before their maternity/adoption pay period expires
- to qualify for statutory paternity pay an employee must earn an average weekly amount that is equal or more than the lower limit for National Insurance Contributions.
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Paternity leave
Ordinary Paternity Leave (OPL)
OPL is for two weeks and can be taken as a single block of either one week or two weeks leave. It cannot be taken as odd days or as two separate weeks.
OPL can start on any day of the week, as long as the required notice is given, but must be taken within 56 days of the actual birth/date of adoption placement.
Additional Paternity Leave (APL)
APL may be taken in addition to OPL. Employees may take between two weeks and 26 weeks APL.
Additional Paternity Leave can only start from 20 weeks after the birth/adoption placement and must end 12 months after the birth/adoption placement. APL may only be taken in multiple of complete weeks.
APL can only be taken once the mother/primary carer has returned to work and forfeited a portion of their maternity/adoption leave.
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Paternity pay
Ordinary Paternity Pay
Eligible employees will receive normal pay for the first week of Ordinary Paternity Leave. The second week will be paid at the Statutory Rate, which is the same rate as the lower rate for Statutory Maternity Pay.
Additional Statutory Paternity Pay (ASPP)
Pay during Additional Paternity Leave is known as Additional Statutory Paternity Pay. It is paid in conjunction with maternity/adoption pay.
In addition to Statutory Paternity Pay the Commission offers an additional Company Paternity Pay scheme for staff with longer service.
There are two paternity pay categories:
Between 26 weeks and 1 years service at the 'qualifying/matching week'
In line with Statutory maternity and adoption pay policies an employee will receive:
- ASPP between weeks 20 and 39 of the mothers/primary carers maternity/adoption leave. ASPP is paid at the lower rate of Statutory Maternity Pay
- any leave taken after week 39 of the maternity/adoption leave is unpaid.
More than 1 years service at the 'qualifying/matching week'
In line with the Commission’s Company Maternity and Adoption pay policies an employee will receive:
- half pay plus the lower rate of ASPP between weeks 20 and 26 of the maternity/adoption leave.
- the remaining 13 weeks, weeks 27 to 39 of the maternity/adoption leave period, are paid at the lower rate of ASPP only
- any leave taken after week 39 of the maternity/adoption leave is unpaid.
(The lower rate of ASPP is the same as the lower rate of Statutory Maternity Pay, SMP)
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Additional information
Multiple births
Paternity leave remains unchanged regardless of the number of children born/adopted.
Stillbirths
Should a stillbirth occur after 24 weeks of pregnancy and employee is entitled to Ordinary Paternity Leave.
If the stillbirth occurs prior to week 24 of the pregnancy an employee may be entitled to special leave.
Anti-natal care
There is no right to receive paid time off to attend anti-natal care sessions.
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Overseas adoptions
Different rules apply for overseas adoptions. Employees adopting a child from overseas should contact the HR department.
Annual leave
Annual leave, bank holidays and concessionary days will continue to accrue during paternity leave.
Pension
If you are a member of the Commission’s pension scheme deductions from your paternity pay will continue at the applicable employee contribution rate during any paid leave.
On your return to work you can make up any gap by paying extra contributions within 30 days to bridge the unpaid period. In this case, the Commission would pay employer contributions based on ‘normal’ pay, the employee contribution would be based on the applicable employee contribution rate as a percentage of company adoption pay/and or statutory adoption pay which applied immediately before you stopped receiving pay.
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Contact during paternity leave
During the paternity leave period, the Commission may make reasonable contact with an employee and, in the same way, an employee may make contact with the Commission. Contact may include: updating an employee on workplace changes or informing them of promotional opportunities or job vacancies.
Arrangements for keeping in contact should be made with the line manager and/or HR prior to commencing paternity leave.
Keeping-in-touch days
Staff have the option to attend work for up to a maximum of 10 days during their additional paternity leave. These are known as ‘keeping-in-touch days (KIT days)’ and do not affect paternity leave entitlement. ‘keeping-in-touch days' allow individuals to attend work to undertake training activities or relevant work activities and events and are paid at the individual’s normal rate of pay.
These days are not compulsory and there is no obligation on either party to arrange or agree these.
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Notice of return to work
With regards to additional paternity leave, the return to work date will be set as 26 weeks after the commencement of additional paternity leave unless otherwise advised.
Should the individual wish to return to work before this or earlier than the date originally specified, six weeks notice in writing must be given outlining the intended return to work date.
If the required notice is not given the Commission may delay the return until six weeks notice has been given, but not later than the end of the 26 weeks additional paternity leave period. An individual whose return has been postponed is not entitled to be paid if they return to work during the period of postponement.
Returning to work
An employee is entitled to return to the same job on the same terms and conditions when they return to work following Ordinary Paternity Leave and/or Additional Paternity Leave.
Employees who wish to vary their work patterns on return from Paternity Leave should refer to the Flexible Working Policy for further details. All requests will be reviewed sympathetically in line with business needs.
Individuals are unable to return to work at the end of paternity leave, due to sickness, must produce a medical certificate, and if they continue to be unfit to return to work, the Sickness Absence Policy will apply.
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Not returning to work
Individuals who do not wish to return to the Commission after paternity leave must give notice of termination as detailed in their contract of employment.
Individuals who receive Company Paternity Pay must return to work for a period of three months. If this is not adhered to the individual will be required to reimburse the Commission the difference between Statutory Adoption Pay and Company Statutory Pay paid.
June 2011
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Date Updated: 02/08/11