Paternity Leave and Pay

Definitions:

Statutory Paternity Pay (SPP):

Payable to all employees taking paternity leave provided they satisfy certain criteria.

Father:

Not just the biological or adoptive father, but includes a partner of a mother who takes some responsibility for the child. So, it may be the actual father, the spouse of the mother, or a partner or a civil partner under a same sex relationship.

Remuneration:

Wages or salary.

Parental Responsibility Agreement:

Contract entered into by the unmarried natural parents of a child which gives the parent without care certain rights over the education, health and welfare of that child. Parental responsibility can also be granted to that parent by the court in the form of an order.

Paternity Leave

If you have been continuously employed for a period of 26 weeks ending with the 15^th week before the expected week of the childbirth or the week you are notified you are matched with your child, you will be entitled to statutory paternity leave if:

• You are either the father of the child, and has or expects to have the responsibility for the upbringing of the child, or
• You are the mother’s husband, partner or civil partner, but are not the child’s father, and has or expects to have the main responsibility for the upbringing of the child, or
• You are married to or are the partner of the child’s adopter, and has or expects to have the responsibility for the upbringing of the child, and in all cases:
• You comply with the notification requirements. The Company can ask you to provide a self-certificate that you meet the eligibility requirements.

If the child is born earlier than the 15^th week before the week in which its birth is expected and you have not been continuously employed for 26 weeks but would otherwise have been, you will still qualify for paternity leave as long as the other conditions are satisfied. You will still be eligible for paternity leave if the mother has died, or the child is stillborn after 24 weeks of pregnancy or has been born alive but has subsequently died. Or in the case of adoption whereby the child’s adopter has died during the child’s placement or the child’s placement with the adopter has ended.

The entitlement to paternity leave is to 2 weeks’ leave paid at the statutory paternity rate to be taken within 52 weeks of the expected week of or actual date of childbirth or the date on which the child is placed with the adopter, whichever is earlier. Your entitlement to leave will not increase simply by virtue of the fact that more than one child is born in respect of the same pregnancy.

Paternity leave can be taken as either 2 non-consecutive weeks, or a single period of either 1 week or 2 weeks, not odd days or separate weeks. You may choose whether to begin the leave either:

• On the date the child is born or placed with the adopter or 
• Elect a certain number of days after the date on which the child is born or placed with the adopter or 
• Select a predetermined date after the first day of the expected week of the child’s birth or expected week in which the child will be placed with the adopter.

If you have chosen to begin your period of leave on the date on which the child is born or is placed in the case of adoption, and you are at work on that date then your period of leave begins on the day after that date.

Notification Requirements

Birth — Notice of Entitlement

You must give the director(s) notice of your entitlement to take paternity leave before the end of the 15th week before the expected week of the child’s birth.

The notice must specify the expected week of birth and must include a signed declaration that:

• You are either the father of the child, or married to or the partner of the child’s mother, but not the child’s father
• If you are the father, that you have or expect to have responsibility for the upbringing of the child 
• If you are married to or the partner of the child’s mother but not the child’s father, the main responsibility (apart from any responsibility of the mother) for the upbringing of the child

Birth — Notice of Leave

Then, once you have chosen the dates of each occasion of your paternity leave, you are required to give us a further notice, in writing, of:

• When you want your leave to start
• The length of leave you want to take

You must also give us a signed declaration that you are taking leave for the purpose of caring for a child or supporting the child’s mother.

If you want to take leave starting on the date of birth, you need to give us the notice of leave at least 28 days before the first day of the expected week of the child’s birth.

If you want to start your leave a number of days after the birth rather than giving an actual date, you need to give us the notice of leave at least 28 days before the first day you wish your leave to begin. For example, if you want to start paternity leave four days after the birth of the child, you need to give us the notice of leave 28 days before the fourth day after the first day of the expected week of childbirth.  

If you want your leave to start on a predetermined date after the first day of the expected week of the child’s birth, you need to give us the notice of leave at least 28 days before that predetermined date. 

Where it is not reasonably practicable for you to give notice as set out below, it should be given as soon as is reasonably practicable.

Adoption — Notice of Entitlement  

You must give the director(s) notice of your entitlement to take paternity leave no more than seven days after the date on which you were notified of having been matched with a child. 

The notice must specify:

• The date on which you were notified of having been matched with the child 
• The date on which the child is expected to be placed with you or, where the child has already been placed for adoption, the date of placement

You must also give us a signed declaration that:

• You are either married to or the partner of the child’s adopter
• You have, or expect to have, the main responsibility (apart from the responsibility of the adopter) for the upbringing of the child

Adoption — Notice of Leave 

Once you have chosen the dates of each occasion of your paternity leave, you are required to give us a further notice, in writing, no more than seven days after the date on which you were notified of having been matched with a child of:

• When you want your leave to start
• The length of leave you want to take

You must also give us a signed declaration that you are taking leave for the purpose of caring for a child or supporting the child’s adopter.

If you wish to vary the date you have chosen for taking paternity leave you must give notice in writing of at least 28 days’ before the original date of leave or the new date of leave, whichever is earlier. If it is not reasonably practicable to give notice of variation within this time period, you should give notice as soon as reasonably practicable.

You must give us further notice in writing as soon as is reasonably practicable after the child’s birth of the date on which the child was born or the date on which the child was placed.

Paternity Rights – Time off for Antenatal Care

From day one of your employment, you will be entitled to unpaid time off from work in order to attend ante natal classes with your partner. You are entitled to attend up to 2 appointments of a maximum time of 6 hours and 30 minutes per appointment. 

We may request that you provide a signed declaration stating:

1. That you have a qualifying relationship with a pregnant woman or her expected child and
2. That your purpose in taking time off is to accompany a pregnant woman to an antenatal appointment and
3. That the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse and
4. The date and time of the appointment.

You should discuss your likely need for time off during your partner’s pregnancy with the director(s), giving as much notice as possible and wherever possible try to arrange them as near to the start or end of the day.

Statutory Paternity Pay

All employees who qualify for paternity leave will be entitled to Statutory Paternity Pay (SPP) of 2 weeks’ SPP.

Enhanced Paternity Pay

Employees who have worked for One Degree North for 2 complete years will qualify for enhanced Paternity Pay which equates to their normal renumeration for up to two weeks.

Unexpected Events

In cases where a baby is stillborn after the 24^th week of pregnancy, you are entitled to take 2 weeks’ Parental Bereavement leave. If you have more than 26 weeks’ service, then this leave is paid at the current statutory rate.

Contractual Rights during Paternity Leave

All of your usual terms and conditions of employment continue throughout your period of paternity leave, apart from the right to receive your usual remuneration (which includes your basic salary and all cash remuneration). All your usual benefits will remain in place throughout your paternity leave period, however, One Degree North may suspend any benefits that are provided solely for business use at its discretion.

Right to return to work following Paternity Leave

If you return to work after a period of paternity leave, you have the right to return to back work to the same job on the same terms and conditions of employment which were in existence prior to your paternity leave.

Contractual Rights to Paternity and Adoption Leave

You cannot take both paternity leave and adoption leave and so must choose which right to exercise. This choice can be based on which right would be the more favourable to you.