Paternity Leave Policy and Procedure

1. Introduction

This policy outlines when an employee may be entitled to paternity leave and paternity pay, and sets out the arrangements for taking it.

In some cases employees may be eligible for shared parental leave (SPL) which allows more flexibility to share the leave and pay available in the first year. SPL does not affect an employee’s right to take two weeks' paternity leave around the time of birth or placement. SPL is dealt with under a separate policy.

This policy does not form part of any employee's contract of employment and may be amended at any time.

2. Qualifying conditions for paternity leave

In order to qualify for paternity leave employees must:

• Have or expect to have responsibility for the child's upbringing;
• Be the father of the child or the mother's husband or partner, or in the case of an adopted child, the partner of the primary adopter; and
• Have worked continuously for the Company for at least 26 weeks ending with the 15th week (the Qualifying Week) before the expected week of the child's birth (EWC) or in the case of an adopted child, before the week in which the employee was notified of the match.

3. Qualifying conditions for paternity pay

Statutory paternity pay (SPP) is payable during paternity leave provided an employee has at least 26 weeks' continuous employment ending with the Qualifying Week and an employee’s average earnings are not less than the lower earnings limit set by the government each tax year (the current lower earnings limit for National Insurance Contributions can be found here). SPP for eligible employees is paid at the current rate which can be found here or 90% of their average weekly earnings (whichever is lower).

4. Antenatal appointments

Fathers and partners of pregnant women are entitled to unpaid time off to attend up to two ante-natal appointments.

Arrangements for time off for antenatal care and to accompany a pregnant woman to antenatal appointments are set out in the Company’s time off for antenatal appointments policy.

5. Taking paternity leave

An employee can choose to take one or two consecutive weeks' paid leave (not odd days).

Paternity leave can start on any day of the week on or following the child's birth, or in the case of adoption, placement, but must be completed within 56 days (i.e. 8 weeks) of the actual date of the birth/placement. If the baby is premature the period ends 8 weeks after the start of the EWC.

The employee can change their mind about the date on which they want to start their paternity leave providing they give the Company at least 28 days' notice (unless this is not reasonable practicable).

Failure to return on the agreed date, other than for reasons of sickness, will be treated as unauthorised absence.

Notification requirements

The employee will be required to inform their line manager of their intention to take paternity leave, in the case of birth parents, by the 15th week prior to EWC, giving the following information:

• The week the baby is due;
• Whether they wish to take 1 or 2 weeks' leave; and
• When they want their leave to start.

In the case of adopted parents the employee will be required to inform their line manager of their intention to take paternity leave within 7 days of being notified of the match:

• When the child is expected to be placed with the adopter (or, if placement has already occurred, the date of the placement);
• Whether they wish to take 1 or 2 weeks' leave; and
• When they want that leave to start.

The employee must also complete and submit a self-certificate (form SC3) outlining eligibility to SPP which can be downloaded from MyOCS or alternatively a copy can be requested from the HR Service Centre (HRSC).