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					PATERNITY LEAVE AND PAY


This circular summarises the new rights to paternity leave and pay which apply to employees whose
children are born after 6 April 2003

The entitlement is for up to two weeks leave with payment at the rate of £106 per week.

Employees with one year’s service with the College by the date the child is born will be entitled to
receive full pay for the first week of absence


New rights to paternity leave and pay

1. Rights to paternity leave and pay have been introduced for employees whose children are expected
to be born, or are born, on or after 6 April 2003. The College’s contractual scheme has been extended
to enhance the new statutory rights.

Start date

2. Employees whose children are expected to be born on or after 6 April 2003 will benefit from the new
paternity leave and pay provisions.

Eligibility

3. Employees must satisfy the following conditions in order to qualify for paternity leave. They must:

             have or expect to have responsibility for the child’s upbringing
             be the biological father of the child or the mother’s husband or partner (partner may include
              a female partner in a same sex couple)
             have worked continuously for the College for 26 weeks ending with the 15th week before
              the baby is due

4. Employees will be asked to provide a self-certificate (see below for further details) as evidence that
they meet these eligibility conditions.

Length of paternity leave

5. Eligible employees can choose to take either one week or two consecutive weeks’ paternity leave
(not odd days).

6. They can choose to start their leave:

             from the date of the child’s birth, or
             from a date after the child’s birth, or
             from a date later than the first day of the week in which the baby is expected to be born

7. Leave can start on any day of the week on or following the child’s birth but must be completed:

             within 56 days of the actual date of birth of the child, or
             if the child is born early, within the period from the actual date of birth up to 56 days after
              the first day of the expected week of birth.

8. Only one period of leave is available even in the case of twins or multiple births.


Statutory paternity pay

9. During their paternity leave, most employees will be entitled to statutory paternity pay (SPP).

10. Statutory paternity pay is paid for either one or two consecutive weeks depending on the leave
period the employee has chosen. The rate of SPP is the same as the standard rate of Statutory
Maternity Pay - from April 2003, this will be £100 a week or 90% of average weekly earnings if this is
less than £100.
11. Employees who have average weekly earnings below the Lower Earnings Limit for National
Insurance purposes (£75 a week from April 2003) do not qualify for SPP.

Contractual paternity pay

12. Employees who have one year’s service with the College by the expected week of confinement will
be entitled to receive full pay for the first week of absence. Statutory paternity pay will be offset against
this amount of full pay. The second week of absence (if taken) will be paid at the current rate of SPP.

Employees not entitled to SPP or contractual paternity pay or leave

13. Employees who do not have an entitlement to SPP and/or contractual paternity pay and leave due
to their length of service and/or level of earnings may be granted a period of paid or unpaid paternity
leave at the discretion of the College.

Notice of intention to take paternity leave

14. Employees must inform Human Resources of their intention to take paternity leave by the end of the
fifteenth week before the baby is expected, unless this is not reasonably practicable. They must tell
Human Resources:

            the week the baby is due
            whether they wish to take one or two weeks’ leave
            when they want their leave to start

15. Employees can change their mind about the date on which they want their leave to start providing
they give at least 28 days of this (unless this is not reasonably practicable).

Self certificate

16. Employees must complete a self-certificate as evidence of their entitlement to SPP and paternity
leave. This is available from Human Resources.

Confirmation of arrangements

17. Once Human Resources has received notification of an employee’s intention to take paternity leave
(as in paragraph 14) and the completed self-certificate (as in paragraph 15), they will write to the
employee advising them of their entitlement to SPP and leave.

Paternity leave for adoptive parents

18. Statutory parental pay is available for adoptive parents to take paid leave to care for their child or to
support the adopter following a placement for adoption. The entitlements and notice requirements are
broadly the same as for paternity leave. Further details are available from the Human Resources
Department.

Linked policies

19. Employees may also want to consider the following policies:
              Parental leave and time off for dependants
              Adoption leave and pay policy
              Flexible working policy

April 2003

				
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