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Paternity Leave

This policy outlines employees' entitlement to paternity leave and sets out the arrangements for taking it. The policy does not apply to agency workers or the self-employed. This policy is non-contractual in its effect and does not form part of normal terms and conditions of employment, unless otherwise stated in your contract of employment.

No-one will be discriminated against or subjected to a detriment for taking leave in accordance with this policy.

Definitions​

The definitions in this paragraph apply in this policy.

Partner: someone (whether of a different sex or the same sex) with whom you live in an enduring family relationship, but who is not your parent, grandparent, sister, brother, aunt or uncle.

Expected Week of Childbirth: the week, beginning on a Sunday, in which their doctor or midwife expects your spouse, civil partner or Partner to give birth.

Expected Placement Date: the date on which an adoption agency expects that it will place a child into your care with a view to adoption.

Entitlement to Paternity Leave​

Certain employees can take paternity leave in relation to the birth or adoption of a child. However, in adoption cases paternity leave is not available to an employee who decides to take adoption leave. Further details of adoption leave are set out in our Adoption Policy.

In some cases you and your spouse or 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. SPL replaces the right to take additional paternity leave (APL). This does not affect your right to take two weeks' paternity leave (PL) around the time of birth or placement. For information about SPL, see our Shared Parental Leave (Birth) and Shared Parental Leave (Adoption) Policies.

You are entitled to paternity leave (PL) if you meet all the following conditions:

  1. You have been continuously employed by us for at least 26 weeks ending with:
    1. in birth cases, the 15th week before the Expected Week of Childbirth.
    2. in adoption cases, the week in which you or your Partner are notified by an adoption agency that you/they have been matched with a child.
  2. You:
    1. are the biological father of the child;
    2. have been matched with a child by an adoption agency;
    3. are the spouse, civil partner or Partner of the child's mother; or
    4. are the spouse, civil partner or Partner of someone who has been matched with a child by an adoption agency.
  3. You:
    1. expect to have main responsibility (with the child's mother, co-adopter or adopter) for the child's upbringing; or
    2. are the child's biological father and you expect to have some responsibility for the child's upbringing.
  4. Your intended leave is for the purpose of caring for the child, or supporting the child's mother, adopter or co-adopter in caring for the child.

Timing and Length of Paternity Leave​

PL must be taken as a period of either one week or two consecutive weeks. It cannot be taken in instalments. PL can be taken from the date of the child's birth or adoption placement, but must end:

  1. In birth cases, within 56 days of the child's birth, or if the child is born before the first day of the Expected Week of Childbirth, within 56 days of the first day of the Expected Week of Childbirth.
  2. In adoption cases, within 56 days of the child's placement.

Notification (Birth)​

If you wish to take PL in relation to a child's birth, you must give us notice in writing of your intention to do so and confirm:

  1. The Expected Week of Childbirth;
  2. Whether you intend to take one week's leave or two consecutive weeks' leave; and
  3. When you would like to start your leave. You can state that your leave will start on:
    1. the day of the child's birth;
    2. a day which is a specified number of days after the child's birth; or
    3. a specific date later than the first date of the Expected Week of Childbirth.

You must give notice before the end of the 15th week before the Expected Week of Childbirth (or, if this is not possible, as soon as you can).

We may require a signed declaration from you that you are taking PL for a purpose for which it is intended; namely, to care for the child or to support the child's mother in caring for the child.

We may require you to provide a copy of the child's birth certificate and the name and address of the mother's employer or, if she is self-employed, her business address.

Notification (Adoption)​

If you wish to take PL in relation to the adoption of a child, you must give us notice in writing of your intention to do so and confirm:

  1. The date on which you and/or your spouse, civil partner or Partner were notified of having been matched with the child, together with the Expected Placement Date;
  2. Whether you intend to take one week's leave or two consecutive weeks' leave; and
  3. When you would like to start your leave. You can state that your leave will start on:
    1. the day on which the child is placed with you or the adopter;
    2. a day which is a specified number of days after the child's placement; or
    3. a specific date later than the Expected Placement Date.

You must give notice no more than seven days after you and/or your spouse, civil partner or Partner were notified of having been matched with the child (or, if this is not possible, as soon as you can).

We may require a signed declaration from you that you are taking PL for a purpose for which it is intended; namely, to care for the child or to support your spouse, civil partner or Partner in caring for the child.

We may require you to provide the following:

  1. The name and address of the adopter's employer or, if they are self-employed, their business address.
  2. Documentary evidence issued by the adoption agency that matched you with the child which confirms:
    1. the name and address of the adoption agency;
    2. the date on which you were notified that you had been matched with the child; and
    3. the date on which the agency expected to place the child with you.

Changing the Dates of Paternity Leave​

Where you are to take PL in respect of a child's birth, you can give us written notice to vary the start date of your leave from that which you originally specified in the notice. This notice should be given:

  1. Where you wish to vary your leave to start on the day of the child's birth, at least 28 days before the first day of the Expected Week of Childbirth.
  2. Where you wish to vary your leave to start a specified number of days after the child's birth, at least 28 days (minus the specified number of days) before the first day of the Expected Week of Childbirth.
  3. Where you wish to vary your leave to start on a specific date (or a different date from that you originally specified), at least 28 days before that date.

Where you are to take PL in respect of a child's adoption, you can give us written notice to vary the start date of your leave from that which you originally specified in the notice. This notice should be given:

  1. Where you wish to vary your leave to start on the day that the child is placed with you or the adopter, at least 28 days before the Expected Placement Date.
  2. Where you wish to vary your leave to start a specified number of days after the child's placement, at least 28 days (minus the specified number of days) before the Expected Placement Date.
  3. Where you wish to vary your leave to start on a specific date (or a different date from that you originally specified), at least 28 days before that date.

If you are unable to give us 28 days' written notice of the wish to vary the start of your leave as set out above, you should give us written notice of the change as soon as you can.

Statutory Paternity Pay​

In this paragraph, Relevant Period means:

  1. In birth cases, the eight-week period ending with the 15th week before the Expected Week of Childbirth.
  2. In adoption cases, the eight-week period ending with the week in which you or your spouse, civil partner or Partner were notified of being matched with the child.

If you take PL in accordance with this policy, you will be entitled to statutory paternity pay (SPP) if, during the Relevant Period, your average weekly earnings are not less than the lower earnings limit set by the government.

SPP are paid at a prescribed rate which is set by the government for the relevant tax year, or at 90% of your average weekly earnings calculated over the Relevant Period if this is lower. For details of the current prescribed rate, please contact a Doza Director.

If you are not eligible we will usually inform you within 28 days of your application if you don't qualify and why using a SPP1 form.

Terms and Conditions During Paternity Leave​

All the terms and conditions of your employment remain in force during PL, except for the terms relating to pay. In particular:

  1. Benefits in kind (such as life use of a company vehicle if applicable) shall continue;
  2. Annual leave entitlement under your contract shall continue to accrue; and
  3. Pension benefits shall continue.

Annual Leave​

During PL, annual leave will accrue at the rate provided under your contract. If the holiday year is due to end during your absence on paternity leave, you should ensure that you have taken your full year's entitlement before your paternity leave starts.

Pensions​

During PL we shall continue to make any employer contributions that we usually make into a money-purchase pension scheme, based on what your earnings would have been if you had not been on paternity leave provided that you continue to make contributions based on the paternity pay you are receiving. If you wish to increase your contributions to make up any shortfall from those based on your normal salary you should contact your pension provider.

Returning to Work​

You are normally entitled to return to work following PL to the same position you held before commencing leave. Your terms of employment will be the same as they would have been had you not been absent.

However, if you have combined your PL with a period of parental leave of more than four weeks, and it is not reasonably practicable for you to return to the same job, we will offer you a suitable and appropriate alternative position.

We will deal with any requests by employees to change their working patterns (such as working part time) after paternity leave on a case-by-case basis bearing in mind the needs of our business. It is helpful if requests are made as early as possible.

If you do not intend to return to work or are unsure, it is helpful if you discuss this with us as early as possible. If you decide not to return you should submit your resignation in accordance with your contract. Once you have done so you will be unable to change your mind without our agreement. This does not affect your right to receive SPP. An unauthorised late return will usually be treated as unauthorised absence.