Reviewed date: 22/08/2022
Next review: 22/08/2025 (or before is there is a change in legislation or practice)
Amendments: 22/08/2022 update name of policy; addition of eligible week
18/03/2024 update on paternity leave allowance stipulations
Introduction
Leuchie House is committed to helping its employees balance their family and work commitments. This policy explains what leave is available to you when you become a new parent and wish to support your partner immediately following the birth or adoption of your child.
Scope
This policy applies to all employees of Leuchie House.
Definitions
OPL: Ordinary Paternity/Partner Leave
OSPP: Ordinary Statutory Paternity
Qualifying Week: the 15th week before baby is due
Eligibility
Employees who meet certain qualifying conditions have a statutory right to take two weeks’ paid paternity leave on the birth or adoption of a child for which they have or expect to have responsibility.
You must also be the:
- Biological father of the child, or
- Spouse or partner of the mother of the child, or
- Spouse or partner of the primary carer in an adoption/surrogacy arrangement
Paternity/Partner Leave
To qualify for OPL you must:
- Be an employee
- Give the correct notice
- Have been continuously employed for at least 26 weeks’ service up to any day in the ‘qualifying week’
Annual leave is not affected by OPL and your contract of employment continues in full throughout the period of OPL.
For those not eligible, annual leave or unpaid leave can be requested for a specified period but is not guaranteed. Please see your line manager to discuss your individual circumstances.
Paternity/Partner Pay
To qualify for OSPP you must:
- Be an employee
- Earn at least £123 a week (before tax)
- Give the correct notice
- Have been continuously employed for at least 26 weeks’ service up to any day in the ‘qualifying week’
If you earn less £123 per week you may still take OPL but will not be eligible to receive OSPP.
For those who qualify, OSPP is paid at the standard rate or 90% of the employee’s average weekly earnings, whichever is the lesser amount.
For those who do not qualify, you will receive notification via form SPP1 available from www.gov.uk within 28 days of your pay request.
Notice for Paternity/Partner Leave
You must provide written notice at least 15 weeks before the baby is due and include:
- the due date
- when you want leave to start, for example, the day of the birth or the week after the birth
- if you want 1 or 2 weeks leave
To change the date of OPL you must give at least 28 days’ notice of the new date.
You can apply for OSPP at the same time using the form SC3 available from www.gov.uk.
Once the birth has occurred, you should also inform Leuchie House of the actual date of birth, as soon as is reasonably practicable
Notice for Paternity/Partner Pay
You must complete form SC3 and pass to the HR department at least 15 week’s before the baby is due.
Leave arrangements
OPL starts from or after the actual onset of labour/placement. Where an employee has chosen to start OPL on the day of birth/placement but is at work on that day, then paternity/partner leave will begin the next day.
Labour can be unpredictable and therefore a false start to labour does not trigger paternity/partner leave. Partners can use their statutory right to take (unpaid) family emergency leave to be with the mother during labour if they wish, and then commence paternity leave immediately after the birth.
The leave allowance is not multiplied even in the case of multiple births or adoption placements.
Updates March 2024:
- The leave can be taken in 2 consecutive weeks or 2 separate blocks of 1 week of leave.
- The leave can be taken within 52 weeks of the birth (or placement or adoption).
- Four weeks’ notice will be required to take each period of leave, save for in cases of domestic adoption, where the notice period will remain within seven days of the adopter receiving notice of the match.
Premature birth
If the baby is born prematurely, you may elect to take OPL either:
- immediately, or
- within 56 days of the first day of the expected week of childbirth (as opposed to the actual date of the delivery)
Stillbirth
In the sad event of stillbirth, you are still entitled to OPL (and OPP) provided the eligibility criteria is met and the mother had reached her 24th week of pregnancy.
Returning to work
On return to work, you have the right to return to the same job on the same terms and conditions that existed prior to paternity leave.
References/Legislation
Employer Rights Act 1996
The Paternity and Adoption Leave Regulations 2002
Links to other documents
Flexible Working Policy
Shared Parental Leave Policy
Special Leave Policy
Further Reading
www.ACAS.org.uk
www.gov.uk/paternity-pay-leave
Appendices/Forms
Form SC3 available at www.gov.uk