Paternity/Partner Leave Procedure

Introduction
Ordinary Paternity/Partner Leave (OPL)
Additional Paternity/Partner Leave (APL)
Extended APL in the event of the death of the mother/adopter
Returning from a period of APL
Additional Provisions for either/both OPL & APL

1. Introduction

This procedure supports the implementation of the Paternity/Partner Leave Policy, which incorporates both the ordinary and additional paternity/partner leave provisions.

Eligible staff can apply for either or both ordinary and additional paternity/partner leave.

Please note: reference to a `partner´ throughout this procedure is defined as a person (whether of the same or different gender) who lives with the mother or adopter and the child in an enduring family relationship but is not a relative of the mother or adopter.

Having read the information below, any queries should be raised with the Department of Human Resources.

2. Ordinary Paternity/Partner Leave (OPL)

All eligible staff (male and female) have the ability to take up to 2 weeks OPL, in a continuous block of 1 or 2 weeks, on full pay, after the date of birth or adoption of the child/entry into the UK.

Leave can start on any date following the actual birth/placement of the child or entry into the UK and must be completed within eight weeks of this date. (Please see FAQs regarding early births.)

Staff may change the date on which they want their leave to start providing they inform their Head of Department and the Department of Human Resources at least 28 days in advance (or as soon as is reasonably practicable).

2.1 Eligibility

OPL applies to all staff employed at the time of the child's birth/placement/entry into the UK, who have or expect to have responsibility for a child's upbringing, are taking time off either to support the mother/adopter or care for the new child and are the child´s biological father or spouse, partner, civil partner of the mother or person adopting the child, or one of a couple who have jointly adopted a child.

2.2 Notification of OPL

Written notification of the intention to take OPL should be provided through the submission of a notification form (APL1) (see Downloads Box), at the earliest date possible, and wherever practicable no later than:

15 weeks before the expected week of confinement (EWC) for the birth of a baby,
7 days after the date on which notification of the match with the child was given by the adoption agency.
28 days prior to the date which the employee has chosen as the date on which their period of paternity/partner leave should begin for overseas adoptions.

This notification, which includes a self declaration as to your eligibility, should be submitted to the staff member´s Head of Department for signature, and forwarded to the Department of Human Resources. The Department of Human Resources will respond in writing, copied to the Head of Department, to acknowledge the request and confirm leave arrangements as appropriate.

2.3 Pay

Once confirmation has been provided the Department of Human Resources shall advise the Pay and Pensions Office as to the eligibility for OPL on full pay.

2.4 Accommodating Changes to OPL

If you wish to change the dates of your OPL to accommodate the early or late arrival of the baby/placement of the child, please discuss and agree with your Head of Department, notifying Human Resources as to the change of dates.

3. Additional Paternity/Partner Leave (APL)

Parents of children due or matched for adoption (or who enter the UK if adopted from abroad) on or after 3 April 2011, will also have the right to take up to 26 weeks' leave at any time between 20 and 52 weeks after the child is born/ placed for adoption or arrives in the UK (for overseas adoption). APL and/or Additional Statutory Paternity Pay (ASPP) is not available to those whose children are due/placed/enter the UK on or before 2 April 2011.

APL must be taken:

as a single block
in multiples of complete weeks
for between 2 to 26 weeks
ending in all cases no later than the child’s first birthday, or one year after the child was placed for adoption/ entered the UK.

3.1 Eligibility

The provision applies to staff who: have or expect to have responsibility for a child's upbringing; and is the biological father of the child; or mother's husband or partner but not the child´s biological father; or newly matched with a child for adoption by an approved adoption agency (or be the adopter's spouse/partner for overseas adoptions).

Staff must have 26 weeks continuous service with this University at the end of the 15th week before the baby is due or 26 weeks service by the end of the week in which the adopter is notified of being matched with a child (or in the case of overseas adoption received official notification). They must also continue to be employed by the University up to the start of the APL and/or ASPP period.

The leave must be taken to care for the child, appropriate notification provided, and in the case of adoption, the employee taking paternity/partner leave will not be taking/have taken either statutory adoption leave/pay.

The child's mother/adopter must also:

be entitled to one or more of: statutory maternity/adoption leave; statutory maternity pay (SMP);statutory adoption pay (SAP) or maternity allowance (MA), and
have returned to work.

3.2 Notification Process

Eligible staff intending to take APL and/or ASPP should notify their Head of Department in writing as soon as is practicable and no later than at least 8 weeks before the start of leave, via the completion of the Paternity/Partner Leave Notification Form (APL1), which is available to download on the right had side under the `Downloads´ box. This includes:

a signed declaration stating that the leave is being taken to care for the child
a signed declaration from the mother or adopter including a statement of their intended return to work date.

Different end dates can be chosen for the leave and pay, for example, if a period of unpaid additional paternity/partner leave is to be taken after the pay period has ended.

Following receipt of the completed and signed APL 1 form, the Head of Department shall sign the form and forward to the Department of Human Resources.

The Department of Human Resources will respond in writing to the employee within 28 days of receiving their notification, copied to their Head of Department, to acknowledge intentions and confirm the relevant start and end dates of APL/ASPP (as appropriate).

3.3 Pay

During APL staff will not be entitled to remuneration, however eligibility to ASPP may be applicable if they meet the eligibility criteria for APL and:

are taking time off to care for their child during their partner's 39 week statutory maternity pay, maternity allowance or statutory adoption pay, with a minimum of 2 weeks remaining of their partners SMP, SAP or MA entitlement. (Any leave after this combined period of 39 weeks will be unpaid). Please note: should there be a gap between the mother/primary adopter returning to work and the partner taking APL this will impact on the amount of ASPP that will be available for the partner. This is because the 39 week entitlement commences at the start of the mother/adopters maternity/adoption leave and continues uninterrupted, even if the partner delays commencing their period of APL following the mother/adopters return to work.
their partners have returned to work and stopped claiming SMP, MA or SAP.

ASPP will be paid at the lower of either a rate set by the government for the relevant tax year or 90 per cent of their average weekly earnings up to and including the 39th week after the birth.

Staff whose average weekly earnings are below the Lower Earnings Limit for National Insurance purposes will not qualify for ASPP.

ASPP is subject to deductions of income tax and National Insurance contributions and is paid in the normal way as salary.

Exceptionally where a department is unable to fund the costs associated with a period of APL (not any replacement), a case can be made by the Head of Department to the customary HR Lead for central funds.

3.4 Accommodating changes to APL/ASPP

At least six weeks' notice must be provided, (effective from either the original start/end date, or the new date, whichever falls first), to change the date of a period of APL, cancel or withdraw notification. If insufficient notice is provided the University does not have to accept the notice if it cannot reasonably accommodate the requested changes. In this instance, the University may require the employee to take unpaid leave from the date the leave was due to start, and end no later than 6 weeks after notice was given (or the date the leave was due to end if that is earlier).

If the birth occurs earlier than anticipated and prior to the planned APL period, the Head of Department and Department of Human Resources should be notified in writing of the revised commencement date as soon as is reasonably practicable.

The Department of Human Resources will acknowledge a requested change(s), confirming the dates of the leave and pay/withdrawal within 28 days of receiving notification.

4. Extended APL if the event of the death of the mother or adopter

In the event of either the mother or adopter dying before the child´s first birthday or in the first year of an adoption placement/entry into the UK (for overseas adoptions), staff may be eligible to apply for an extended period of APL and ASPP (using form APL3) . Provided:

the mother or adopter did satisfy one of the leave/pay allowances (e.g. MA, SMP, SAP) and
the employee meets the other qualifying conditions (excluding the need for the mother/adopter to have returned to work) and provides correct notice.

If on a period of APL at the time of the mother´s or adopters´ death the employee can seek to extend their leave.

If already completed a period of APL the employee will not be entitled to another period.

4.1 Duration of Extended APL

This can last up to 52 weeks (instead of the standard 26 weeks), and can start at any point after the mother or adopter (that took adoption leave) has died, ending no later than the child's first birthday, or one year after the child was placed for adoption/ entered the UK.

4.2 ASPP Entitlement

Staff may be entitled to ASPP during extended APL, of up to 39 weeks. However, this will be subject to how much SMP, MA or SAP the mother/adopter took prior to their death.

4.3 Notification Requirements

Written notice is not required before the APL commences in such circumstances, however, the staff member must notify their Head of Department of the mother or adopter's death as soon as possible, and provide written notice within 8 weeks of the mother/adopter's death using the `notification for APL following the death of the mother/adopter form´ (APL3).

If APL was to start (or a change requested) after 8 weeks or more, following the death of the mother or adopter the staff member would be required to provide at least six weeks´ notice:

before the original start date or the new start date, whichever is earlier, if you are withdrawing an application
before the original or new date, whichever is earlier, if you are varying the start or end dates.

All other provisions in relation to APL will apply.

5. Returning from APL

5.1 Rights on or after return to work

On resuming work after 26 weeks or less of APL a member of staff is entitled to return to the same job as they occupied before commencing the leave on the same terms and conditions as if they had not been absent.

On resuming work after more than 26 weeks e.g. after extended APL, having taken 4 weeks' parental leave, a member of staff is entitled to return to the same job as they occupied before commencing the APL on the same terms and conditions as if they had not been absent. However, if it is not reasonably practicable for this to occur they will be offered suitable alternative work, on terms and conditions that are no less favourable than would have applied if they had not been absent.

5.2 Flexible Working Arrangements

Full consideration will be given to requests from members of staff who wish to change their working commitment and/or arrangements upon returning from APL. Such requests should be submitted as far in advance of the return date as reasonably practicable, to allow adequate time for the request to be fully considered and where appropriate, the necessary Departmental arrangements to be put in place. For further details please refer to the University's policies and procedures on flexible working (Quick Links Box).

5.3 Taking parental leave after APL

If on completing the APL period a member of staff needs more time off to look after their child they may be able to take parental leave. If eligible, you can take up to four weeks' parental leave at the end of your APL without affecting your right to return (Quick Links Box).

6. Additional Provisions for either or both OPL & APL

6.1 For Both OPL and APL

a) Contractual entitlements

During the whole period of OPL and APL entitlement to all contractual benefits continue. This includes all non-cash benefits such as childcare vouchers staff are in receipt of prior to commencing the period of leave. The only exception to this with regard to APL is that staff will NOT be entitled to remuneration. Instead of normal pay they may be entitled to ASPP, for up to a maximum of 19 weeks i.e. if taken during what would have been the mother's/adopter's maternity/adoption pay period.

b) Accrual of Leave

Contractual annual leave will be accrued during both OPL & APL.

Any accrued annual leave should be taken either before or immediately upon completion of a period of paternity/partner leave, subject to approval by the Head of Department.

A maximum of 5 days annual leave can be carried over from one annual leave period to the next, subject to approval by the Head of Department.

Entitlement to public holidays will be accrued during paternity/partner leave in accordance with the University´s Guidelines on Public Holidays and Closure Days Entitlements for Part-time Staff.

c) Continuity of Service

Where a member of staff returns to work following a period of OPL or APL, this absence will not affect the individual's recognised continuous service for employment rights purposes e.g. redundancy, pensions etc.

d) Ill Health

Should a member of staff be unable to return to their post at the end of the OPL or APL due to ill-health this will be regarded as due to that cause and their rights to pay will be governed by the University's conditions of service relating to ill-health. A medical certificate may be required for absence immediately following on from the end of APL, even if this subsequent absence is for 7 days or less.

e) Multiple births/adoptions

Only one period each of OPL/APL will be available to eligible members of staff, irrespective of whether more than one child is born as a result of the same pregnancy or adoption placement.

6.2 For APL Only

a) Superannuation Contributions

During periods of statutory pay superannuation deductions will be deducted as a percentage of the actual salary payment received, while full pensionable service will be credited (i.e. the University's contributions will be based on the salary that would have been received had the staff member not been on APL).

During any unpaid period of APL membership of the relevant superannuation scheme will automatically be suspended. If staff 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.

b) "Keeping in Touch" days

An employee can agree to work for the University for up to 10 "keeping in touch" days during their APL period, without that work bringing the period of leave to an end, extending it, or the loss of ASPP. Any work carried out on a day shall constitute a day's work for these purposes.

The University does not have the right to require a member of staff to carry out any work, and the member of staff has no right to undertake any work, during their APL. For any work undertaken, the member of staff will normally receive time off in lieu equivalent to one day, or exceptionally, payment for one day's work (this payment will be offset against ASPP received). This should be agreed in advance of the keeping-in touch day being undertaken.

In addition, the University has the right to maintain reasonable contact during APL. This might be to provide updates on any significant changes in the workplace and help plan returns to work.

c) Death of the child or the placement being disrupted

In the event of either the child dying or (in respect of adoption) the placement being disrupted, the member of staff´s entitlement will come to an end after 8 weeks following the death or the end of the placement. If the notified return date occurs less than 8 weeks after the death of the child, the notified date will prevail.

In such circumstance the employee must inform their Head of Department as to this, as soon as is practicable. The Department of Human Resources will be able to explain other potential support available, for example, our staff counselling service, employee support line etc.

7. Review

This revised policy was implemented by the Department of Human Resources with effect from February 2011. The policy is reviewed on a regular basis to ensure compliance with relevant legislation.

Department of Human Resources
March 2011