This policy outlines when an employee may be entitled to paternity leave and paternity pay and sets out the arrangements for taking it.
This policy does not form part of any employee’s contract of employment, and we may amend it at any time.
You may be entitled to time off to accompany your partner to antenatal appointments or to attend adoption appointments. For more information see the Time Off For Antenatal Appointments Policy or the Time Off For Adoption Appointments Policy.
In some cases, you and your partner may be eligible to opt into the shared parental leave (SPL) scheme which gives you more flexibility to share the leave and pay available in the first year. This applies where the Expected Week of Childbirth (EWC) starts on or after 5 April 2015, or if a child is placed with you for adoption on or after that date. This does not affect your right to take two weeks’ paternity leave around the time of birth or placement. For information about SPL, see our Shared Parental Leave (Birth) and Shared Parental Leave (Adoption) Policies.
Entitlement to paternity leave
Paternity leave is available on the birth of a child if you have been continuously employed by us for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth and either:
you are the biological father and will have some responsibility for the child’s upbringing; or
you are the partner (that is, spouse, civil partner, or cohabiting partner) of the mother, and will have the main responsibility (with the mother) for the child’s upbringing; or
the child is born to a surrogate mother where you are, or your partner is, one of the child’s biological parents, and you expect to obtain a parental order giving you and your partner legal responsibility for the child.
Paternity leave is available where a child is placed with you for adoption by an adoption agency, if you have been continuously employed by us for at least 26 weeks ending with the week in which the agency notifies you that you have been matched with a child.
In adoption or surrogacy cases you may be entitled to take adoption leave instead (see our Adoption Policy). However, adoption leave may only be taken by one parent. Paternity leave is available to the other parent (of either sex).
Taking paternity leave
Paternity leave is a period of one- or two-weeks’ consecutive leave taken when a child is born or placed with you for adoption. You can start your leave on the date of birth or placement, or later, provided it is taken within eight weeks (56 days) of the birth or placement. (If the baby is premature the period ends eight weeks after the start of the Expected Week of Childbirth.)
To take paternity leave you must give us written notice by the end of the 15th week before the Expected Week of Childbirth (or no more than seven days after the adoption agency notified you of being matched with a child), or as soon as you reasonably can, stating:
the Expected Week of Childbirth;
whether you intend to take one week or two weeks’ leave; and
when you would like your leave to start.
You can change the intended start date by giving us 28 days’ notice or, if this is not possible, as much notice as you can.
Paternity pay
Statutory paternity pay (SPP) is payable during paternity leave provided you have at least 26 weeks’ continuous employment ending with the Qualifying Week (the 15th week before the Expected Week of Childbirth or the week in which the adoption agency notified you of a match) and your average earnings are not less than the lower earnings limit set by the government each tax year. The rate of SPP is set by the government each tax year.
You will qualify for Company paternity leave while on paternity leave, if you have been continuously employed during the 12-month period ending with the Qualifying Week and have not been on additional paternity leave, maternity leave or adoption leave from our employment during the 12-month period ending with the Qualifying Week. This is paid at 90% of your normal basic salary during paternity leave (for the two-week paternity leave period only) and includes any statutory paternity pay and additional statutory paternity pay that may be due for that period.
Payment of Company paternity pay is conditional upon you confirming in writing before starting paternity leave that you intend to return to work for at least six months after paternity leave and additional paternity leave (if applicable). If you later decide not to return to work for this minimum period, you must repay any Company paternity pay, but not statutory paternity pay or additional statutory paternity pay.
During paternity leave
All the usual terms and conditions of your employment remain in force during paternity leave, except for the terms relating to pay.
Holiday entitlement will continue to accrue during paternity leave. If your paternity leave continues into the next holiday year, any remaining holiday that cannot reasonably be taken before your paternity leave can be carried over to the next holiday year and must be taken within three months of returning to work unless your manager agrees otherwise. You should try to limit carry over to one week’s holiday or less. Carry over of more than one week is at your manager’s discretion.
If you are a member of our pension scheme, we will make employer pension contributions during paternity leave, based on your normal salary, in accordance with the scheme rules. Any employee contributions you make will be based on the amount of any paternity pay you are receiving, unless you inform the Finance Department that you wish to make up any shortfall.