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Guidance for Paternity Leave

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					                     Paternity Leave Guidance

With effect from 6 April 2003 a statutory right to paternity leave and pay has
been introduced.

Statutory Paternity Pay (SPP)

Support Staff are entitled to the first week’s paternity leave at normal pay. If
an employee decides to take a second consecutive week’s paternity leave this
will be at the Statutory Paternity Pay rate.

Teaching Staff are entitled to two weeks paternity leave paid at the Statutory
Paternity Pay rate.

The rate of Statutory Paternity Pay will be the same as the standard rate of
Statutory Maternity Pay. From 6 April 2009, this will be £123.06 a week or
90% of average weekly earnings if this is less than £123.06.

Employees who have average weekly earnings below the Lower Earnings
Limit for National Insurances purposes will not qualify for SPP, but may be
able to get Income Support while on paternity leave.

SPP cannot be paid to an employee for any week during which the employee
does some work for that employer.

Eligibility

Employees will need to satisfy the following condition 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
    Have worked continuously for their employer for 26 weeks leading into
     the 15th week before the baby is due.

If an employee does not meet the above condition, they may be entitled to
Maternity Support Leave of 5 days with pay which is granted to the child’s
father or the partner or nominated carer of an expectant mother at or around
the time of birth. Please contact Human Resources for further information on
Maternity Support Leave.

Length Of Paternity Leave

Employees will be entitled to choose to take either one week or two
consecutives weeks’ (if eligible) paternity leave.

They can choose to start their leave:


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    From the date of the child’s birth (whether this is earlier or later than
     expected), or
    From a chosen number of days or weeks after the date of the child’s
     birth (whether this is earlier or later than expected), or
    From a chosen date.

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 expected week of birth.

Only one period of leave will be available to employees irrespective of
whether more than one child is born as the result of the same pregnancy.

Notice Of Intention To Take Paternity Leave

Employees will be required to inform their manager of their intention to take
paternity leave by the 15th week before the baby is expected, unless this is not
reasonably practicable. They will need to tell their manager:

    The week the baby is due
    Whether they wish to take one or two weeks’ leave
    When they want their leave to start

Employees will be able to change their mind about the date on which they
want their leave to start providing they tell their manager at least 28 days in
advance (unless this is not reasonably practicable). Employees must
complete the Paternity Leave and Pay Form (Appendix 1) and send to Human
Resources Admin, 28 days in advance of starting their paternity leave.

Contractual Benefits

Employees are entitled to the benefit of their normal terms and conditions of
employment, except for terms relating to salary/wages, throughout their
paternity leave.

Return To Work After Paternity Leave

Employees will be entitled to return to the same job following paternity leave.

Employees will be protected from suffering unfair treatment or dismissal for
taking, or seeking to take, paternity leave.

Paternity Leave and Pay (Adoption)

Following the placement of a child for adoption, the rights to paternity leave
and pay will give eligible employees the right to take paid leave to care for


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their new child or support the adopter. For details of how the above guidance
differs for adoptive parents please contact Human Resources.




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                 PATERNITY RIGHTS FLOWCHART

                          Employee is expecting birth of a child



    Employee must:                                            No To Any Not eligible for
       Have or expect to have responsibility for the         Of These  paternity leave.
         child’s upbringing                                             May be entitled
       Be the biological father of the child or the                    to Maternity
         mother’s husband or partner                                    Support Leave.
       Worked continuously for employer for 26
         weeks up to the 15th week before the baby is
         due
                                                YES

    Entitled to 1 or 2 consecutive week’s paternity leave, starting on a
    chosen date. Leave must be completed within 56 days of birth (or
    between birth and 56 days after due date if baby born early).



                Average weekly earnings at or above                NO      May be entitled
                lower earnings limit for national insurance                to other
                                                                           benefits

                                                YES

    Entitled to
    1st week – SPP + normal week’s pay (total not exceeding normal
    week’s pay)
    2nd week - SPP



    Employee taking leave must tell their manager of their intention
    to take paternity leave by the 15th week before the baby is
    expected. Must give 28 days notice of any change of date.



    Employee must complete Paternity Leave and Pay Form at least
    28 days before the date they want payment of SPP to start and
    send to Human Resources.



    Employee returns to same job after paternity leave as if they had
    not been away.


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