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Who is eligible to take Ordinary Paternity/Partner Leave (OPL) and/or Additional Paternity/Partner Leave (APL)?
There are a number of eligibility criteria which are listed in the Paternity/Partner Leave procedure. However, the following individuals may be eligible for such leave:
- A father
- A spouse, civil partner, partner of the child’s mother who is not the baby’s father
- A spouse, civil partner, partner of the adopter who has been jointly matched for adoption of the child or
- A spouse, civil partner, partner of the adopter adopting a child from abroad
Civil partner/partner could include transsexuals or those undergoing transgender reassignment, if they meet the eligibility criteria. |
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Does the mother have to leave a proportion of her maternity leave unused in order for the partner to be eligible for APL?
No. The mother must return to work for the father to be able to take additional paternity leave, but there is no requirement for her to have any of her maternity leave entitlement remaining.
Additional partner/paternity leave can be taken during the period beginning 20 weeks after the birth and ending 12 months after the birth. The mother can choose to begin her statutory maternity leave period up to 11 weeks before the expected week of childbirth. Therefore, the mother could take her full entitlement to 52 weeks’ maternity leave and there would still be 11 weeks remaining for the father to take as additional paternity leave before the child’s first birthday. |
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Is it possible for a woman to take either OPL or APL?
The right to statutory paternity/partner leave is available to the civil partner of the biological mother of a child. It is also available to the partner of the biological mother of a child, where "partner" means a person of either sex who lives with the mother or adopter in an enduring family relationship but is not an immediate relative (i.e. is not the child’s mother or adopter’s: parent, grandparent, sibling, uncle or aunt).
The term ‘mother’ is defined in relation to paternity/partner leave as the mother who gave birth to the child i.e. the biological mother. However, it is recognised that in some female same sex relationships the term ‘mother’ is used for both parents.
Paternity/Partner leave is also available to the spouse, civil partner or partner of either sex of a child’s adopter, or to one of a couple who jointly adopt a child. |
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What would the entitlement be to OPL or APL for those who work part time?
| The eligibility criteria are the same whether an individual works full or part time, and any leave/pay provisions under the scheme will be pro-rated to reflect the commitment level of any part time contracts. For example an individual working 3 days a week will be entitled to 2 weeks OPL i.e. 6 working days. |
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Can TUOS request proof of eligibility to OPL or APL?
| Yes. The employer can request that the employee provide a copy of the child’s birth certificate or documents issued by the adoption agency showing: the name and address of the adoption agency; the date that the employee was matched with the child; and the expected date of placement and where relevant date of the child’s entry into GB, and ask for the name and address of the mother’s/adopter’s employer (or her/his business address if s/he is self-employed). |
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What if the employee received official notification of the adoption whilst employed with another employer, will they still be eligible to claim APL?
| Yes, if before the child enters the UK the employee have been continuously employed for 26 weeks or more, with the University of Sheffield. |
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Where an employee’s partner is expecting twins will he or she be entitled to two lots of paternity/partner leave?
| No. Employees can take only one period of paternity/partner leave even if more than one baby is born as a result of the same pregnancy. |
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Can a step-parent who adopts a partner’s child take APL?
| No. To qualify for adoption, an employee must have been newly matched with a child for adoption by an approved adoption agency. |
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As the mother/adopter has to have returned to work before the partner can commence APL what is classified as a return?
| The partner can only start APL once the mother/adopter has actually resumed working. S/He cannot begin APL if the mother/adopter is on a period of annual, sick or parental leave directly after the maternity/adoption leave. But once the mother/adopter has returned to work, the partner’s APL and ASPP are not affected by the mother/adopter taking annual, sick or parental leave. It does not matter if they return to work full time or part time. |
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Under what circumstances would a withdrawal notice have to be provided?
This must be supplied if the employee no longer meets the eligibility criteria. For example:
- They no longer meet the requirements of being the child’s father or married to or the civil partner/partner of the mother/other adopter
- They no longer meet the requirement of having or expecting to have the main responsibility for the child (or in the case of UK adoptions they no longer meet the requirement of being matched with the child for adoption)
- The mother/adopter is no longer entitled to maternity/adoption leave, statutory pay or maternity allowance or has failed to return to work
If uncertain please speak to the Department of Human Resources |
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Can an individual seek to take less than one week’s OPL?
| No. OPL must be taken in one block of either one or two weeks’ duration. |
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Is there a specific time period when OPL can be taken?
| In general, OPL must be taken within 8 weeks of the birth/adoption/entry into the UK (for overseas adoptions). Where the child is born late, the 8 week period runs from the date of the actual birth. It cannot start before the child is born. |
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Does APL have to be taken in one block?
| APL must be taken as one continuous period, in multiples of complete weeks. |
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Can the OPL start on any day of the week?
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Can an individual apply for both OPL and APL?
| Yes, as long as they meet the eligibility criteria for both leave types. |
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Is there a specific time period when APL can be taken?
| An employee who qualifies for APL can take between two and 26 weeks’ additional leave in the period that begins 20 weeks after the child is born and ends one year after the birth/placement or entry into Great Britain for overseas adoptions. The child’s mother’s period of maternity/adoption leave must have come to an end. |
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Can there be a gap between the mother returning and the father/partner starting APL?
| Yes. Maternity leave and APL do not have to run back-to-back. The mother doesn’t have to take 20 weeks’ leave after the birth/placement before returning to work but, if she takes less, there would have to be a gap before the father could start APL (because this can’t start until 20 weeks after the birth). IMPORTANT: Leaving a gap may mean that some additional statutory paternity pay (ASPP) is lost. The father/partner could be entitled to ASPP if there is at least two weeks of the mother’s 39-week statutory maternity pay, or maternity allowance, period left to run and this period cannot be put ‘on hold’. |
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What happens if the child arrives early?
In relation to OPL, if the child is born early, the employee can request to take their leave any time between the actual date of birth and the end of an eight week period starting from the Sunday of the week the baby was originally due.
In relation to APL, if the birth occurs earlier than anticipated and prior to the planned APL period, they may seek to revise the commencement date of the leave.
In both cases the Head of Department and Department of Human Resources should be notified in writing of the revised dates as soon as is reasonably practicable. |
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What if the child is due on or after 3rd April 2011 but arrives before this date. Will the employee still be eligible for APL?
| Yes, if they also meet the other eligibility criteria, as it is based on when the baby is due and not when it actually arrives. |
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Can more than 10 keeping in touch days be worked during APL?
| Once the keeping-in-touch days have been used up, the member of staff will lose a week´s ASPP for any week in which they agree to work for the University. Such situations should be discussed with the Department of Human Resources in advance. |
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Can an employee take paid annual leave during the unpaid period of additional paternity/partner leave?
| Any annual leave accrued during the APL period should be taken either before or after their full period of APL. Accrued leave taken after the period of APL should be taken immediately following the APL period and prior to a physical return to work. |
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How does an employee request a change to their APL dates?
| Notification should be provided by completing the APL Withdrawal/Cancellation or Variation Notification form (APL2). |
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How does an employee request a change to their OPL dates?
| Simply agree the change with their Head of Department and notify Human Resources. |
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What would happen if an individual failed to give the required notice to change or cancel their request for APL?
If they fail to provide the required notice the University does not have to accept the notice if it cannot reasonably accommodate the requested changes. In such a situation the University can require them not to return until the earlier of:
- A six week notice period
- The original anticipated date
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What happens if an employee decides not to return to work after APL?
| They must give notice of resignation as soon as possible and in accordance with the terms of their contract of employment. If the notice period would expire after the APL has ended, they may be required to return to work for the remainder of the notice period. |
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What pay would an employee receive during a period of APL?
| If the child’s mother, or the main adopter in an adoption situation, ends his or her period of maternity or adoption leave, leaving at least 2 weeks unused SMP/SAP/MA entitlement, the employee taking APL is entitled to be paid for the remainder of the 39-week period in the form of ASPP, assuming that he or she has average earnings of at least the lower earnings limit for national insurance purposes, and meets the other eligibility criteria. In effect, the couple is paid up to a maximum of 39 weeks. |
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At what rate is ASPP paid?
| This is paid at the statutory maternity pay rate, or 90% of the employee’s earnings, if this is less than the statutory rate. |
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If bank holidays are added to the end of a period of APL will this be in addition to the maximum period of 26 weeks?
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Is there any impact on an individual’s pension if they take a period of paternity/partner leave?
| In relation to OPL there will be no impact on their pension as normal salary is paid for the OPL period and thus no variation to pension contributions paid. However, in relation to APL if they have a period of unpaid leave membership of the relevant superannuation scheme will automatically be suspended. If an employee wishes membership to continue during such a period, they would have to cover the cost of both the employee’s and employer's contribution. Please contact the Pensions Office directly for further information about maintaining service during unpaid absence. |
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