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Policy Type: Non Clinical
Human Resources
Definition: Guideline
Owner Group: Human Resources
Paternity Entitlement
Applicable To: All
Communication Method: Human Resources
Consequence of Non Adherence: Inappropriate leave and Pay
Breach of Statutory Requirements
Policy Author/Source: BEN PCT
PCT Policy and Procedure Number: HR/guid/02
Version Number:
Approval Body: Board
Date Approved: March 2007
To be Reviewed by: Head of Human Resources
Review Date: January 2008
(Review date extended to March 2010)
Summary:
The Employment Act 2002 introduced new rights to Maternity/Paternity Leave and Pay,
which came into effect on 6 April 2003. These rights were extended with the Civil Partnership
Act (2004) which came into force on 5 December 2005 which entitles same-sex couples to
register their partnerships, allowing them the same employment benefits as married
heterosexual couples including access to statutory maternity pay and paternity and adoption
leave.
The Work and Families Act 2006 aims to provide greater choice in how families attain
balance in work and with regard to caring responsibilities. One key element of this is the
Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment)
Regulations 2006, which came into force on 1 October 2006 and has introduced further
changes.
This guidance incorporates NHS and statutory updates to the scheme for babies born on or
after 1 April 2007 and is also compliant with Agenda for Change NHS Conditions of Service.
Maternity Policy – February 2007 2
Introduction
Paternity entitlement enables employees to be present at the birth of the child,
and to provide care and support when the mother and child leave hospital.
The new amendments take effect on or after 1 April 2007. and specifics are
detailed in the following guidance.
Entitlement
The range of Paternity Benefits includes:-
1. Paternity Leave
A period of paid or unpaid leave.
2. PCT/NHS Paternity Pay
Paid by the PCT in accordance with Agenda for Change Provisions.
3. Statutory Paternity Pay (SPP)
A weekly payment, paid by the employer, on behalf of the Government.
Eligibility
In order to qualify for PCT Paternity Leave and Pay, employees must have
12 months continuous service with the PCT by the estimated week of
confinement. The entitlement is up to 2 consecutive weeks (proportional to
whole time equivalent) with full pay.
If employees have less than 12 months, but at least 26 weeks continuous
service with the PCT at the 15th week (the qualifying week) before the
expected week of confinement they are entitled to Statutory Paternity
Leave and Pay.
If eligible for Statutory Paternity Leave, employees are entitled to choose
to take either one week or two consecutive weeks leave (not odd days),
proportional to their whole time equivalent.
Please also refer to Maternity Entitlement Guidance with regard to
Paternity leave eligibility for Adoptive Parents.
Attached Paperwork
1 Schemes in Detail
This document outlines the schemes the PCT offers and the particulars
of each option.
2 Forms to be completed
This form is the actual application for Paternity leave and pay that need
to be completed.
PaternityPolicy.FEb071.doc Page 3 of 9
This form should be signed and a copy retained by Managers.
The original should by sent to the Human Resources Department
at Blakelands House for action.
Any queries relating to Paternity entitlement should be referred to the
Human Resource Department.
Particulars
Definition
Paternity leave is a period of time off work, which is available to all new
fathers or the partner or spouse of the mother, adoptive fathers, nominated
carers and same-sex partners who wishes to take time off work to care for
the child or support the mother.
A ‘Partner’ is defined as a person (whether of a different sex or same sex)
who lives with the mother in a family relationship but is not a blood relative.
Entitlement to Paternity Leave
Employees are entitled to Paternity leave if they:
- have or expect to have the responsibility for the child’s upbringing, this
includes biological and adoptive fathers, nominated carer or the mother’s
husband or partner (including a partner in a same sex couple) Be married to
or be the partner of the child’s adopter.
- have continuously worked for the NHS for at least 26 weeks leading into the
15th week before the baby is due or the week in which the adopter is notified
of being matched with a child. Employees must also continue to be employed
by the PCT between the qualifying week and the birth of the baby.
- Eligibility for occupational paid paternity pay will be 12 months continuous
service with one or more NHS employer at the beginning of the week in
which the baby is due/or child placed.
- Only one period of leave will be available to employees irrespective of
whether more than one child is born as a result of the same pregnancy.
Length of Paternity Leave/Start dates
Paternity leave can last for up to 2 weeks. If entitled to Statutory Paternity Leave
individuals can choose to take either 1 week or 2 consecutive weeks as leave.
PCT Paternity Leave entitlement is up to 2 consecutive weeks under the Agenda
for Change terms and conditions of service. (A week is based on contracted
weekly hours.)
Paternity leave can start from any day of the week.
Employees can choose to start their Paternity leave:
PaternityPolicy.FEb071.doc Page 4 of 9
- from the date of the child’s birth (whether this is earlier or later than
expected), or
- from a chosen number of weeks after the date of the child’s birth (whether
this is earlier or later than expected), or
- from a chosen date. i.e. if an employee has chosen a
predetermined date and the baby is not born on or before that date,
they must change their choice to another later predetermined date.
Or, they can choose to take leave from the actual date of birth or a
specified number of days after the date of birth/or child has been
placed. Whatever they choose to do employees should inform their
Manager as soon as possible.
Employees will need to have taken Paternity leave:
- within 56 days of the actual date of birth of the child or when the
child is placed with a couple, 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./ day of the
placement
Notifying Managers of Intention to Take Paternity Leave
Employees will need to tell their Manager of intention to take Paternity
leave as soon as possible, and at the latest by the 15th week before the
expected week of confinement. They will also need to inform their
Manager of the duration of leave they wish to take (either one or two
consecutive weeks).
They will need to provide Managers with a self certificate form (SC3 form)
as evidence of entitlement to SPP, along with the application to take
Paternity leave form. Employees will also be required to submit a copy of
the birth certificate when available.
For adoption a employee must show to the employer the matching
certificate issued by the adoption agency confirming a child has been
found for placing with the adopter.
If employees change their mind over when to take leave they must give
their Manager at least 28 days notice of the new date, or, if this is not
reasonably practicable, as soon as possible.
General Points
Employees are only entitled to one period of Paternity Leave per birth,
irrespective of whether more than one child is born from the same
pregnancy.
Reasonable paid time off to attend ante-natal classes will also be given
PaternityPolicy.FEb071.doc Page 5 of 9
If employees leave the NHS before the baby is born they will not be
entitled to Paternity leave or pay. They need to remain in the NHS up until
the baby is born to remain entitled to Paternity leave and pay.
If the baby is born before the 24th week before the expected week of
confinement employees will not be entitled to Paternity leave and pay. If
the baby is born after the 25th week they will be entitled to full Paternity
leave and pay entitlement.
SPP will be paid at the same flat weekly rate of pay as SMP (or 90% of
average earnings if this is below the weekly rate). SPP will be paid for one
or two weeks, depending on the period of leave the employee has
selected.
For the NHS scheme full pay will be calculated on the basis of the average
weekly earnings rules used for calculating occupational maternity pay
entitlements. The employee will receive full pay less any statutory paternity
pay receivable.
If earnings are below £82 per week employees will not be entitled to SPP,
however they may be entitled to Income Support whilst on Paternity leave.
Additional financial support may be available through Housing Benefit,
Council Tax Benefit, Tax Credit or Sure Start Maternity Grant. Information
is available from Social Security or Job Centre Plus offices.
Return to Work After Paternity Leave
Employees are entitled to return to the same job they had prior to going
on Paternity leave.
During Paternity leave normal terms and conditions of employment
apply except for terms relating to wages or salary.
During the period of Paternity leave, employees are protected from
suffering unfair treatment or dismissal for taking, or seeking to take
Paternity leave.
PaternityPolicy.FEb071.doc Page 6 of 9
BEN PCT –SCHEMES
Scheme Length of service Entitlement Requirements Notice required
A 12 months continuous Paternity Pay: - Employees will need - Managers should be informed of intention
service with the NHS by the Up to 2 continuous to complete a self to take Paternity leave by the 15th week
expected week of weeks Paternity leave at certificate form and before the expected week of confinement/
confinement or placement full pay application form. date of adoption..
of a child - Paternity leave should - 28 days written notice will need to be given
be taken by the 56th if employees wish to change the dates.
day after the birth of the
child or placement of a
child
B More than 26 weeks Statutory Paternity - Employees will need - Managers should be informed of intention
continuous service with the Pay: to complete a self to take Paternity leave by the 15th week
NHS at the 15th week before Up to 2 continuous certificate form and before the expected week of confinement/
the expected week of weeks Paternity leave, application form. date of adoption
confinement or placement paid at Statutory - Paternity leave should - 28 days written notice will need to be given
of a child Paternity Pay rate. be taken by the 56th if employees wish to change the dates.
day after the birth of the
child or placement of a
child
C More than 26 weeks No entitlement to - Employees will need - Managers should be informed of intention
continuous service with the Statutory Paternity Pay. to complete a self to take Paternity leave by the 15th week
NHS at the 15th week before Will be entitled to either certificate form and before the expected week of confinement.
the expected week of one or two continuous application form. - 28 days written notice will need to be given
confinement/ or placement weeks unpaid Paternity - Paternity leave should if employees wish to change the dates.
of a child, but earn below leave. Financial support be taken by the 56th
the Lower Earnings Limit for may be available from day after the birth of the
National Insurance Social Security or Job child or placement of a
Purposes. Centre Plus offices. child
PaternityPolicy.FEb071.doc Page 7 of 9
PATERNITY LEAVE FORM
BEN PRIMARY CARE NHS PCT
APPLICATION FOR PATERNITY LEAVE/PAY
Please enclose your self certificate form with this application form
FULL NAME: ............................................... PERSONAL NO:…………………
JOB TITLE: .................................................. GRADE: …………………………
DIRECTORATE/WARD: ............................. LINE MANAGER:…………………
PLACE OF WORK: ………………………………………………………………….
HOME ADDRESS:
………………………………………………………………………………………….
………………………………………………………………………………………….
TELEPHONE NUMBER: ................................
Give details of your employment over the last 5 years (present employment
first and going back in time). If you were unemployed at any time during the
last 5 years, please give details.
EMPLOYER AND PLACE OF DATE DATE HOURS
WORK STARTED LEFT WORKED
PER WEEK
Hours worked per week:……………………….
Type of Contract: Fixed Term/Temporary/Training/Permanent.
Expected date of confinement/Adoption: …………………………………………
PaternityPolicy.FEb071.doc Page 8 of 9
My Paternity leave will commence on …………………………………
SIGNATURE: ................................................ DATE: ……………………..
(Applicant)
SIGNATURE: …………………………………. DATE: ………………………….
(Manager)
Section 2 Paternity Leave options
I wish to claim (please tick appropriate box)
Scheme A
Up to 2 weeks paid Paternity leave because I have 12 months continuous
service with the NHS.
Scheme B
Either one or two continuous weeks Paternity leave, plus Statutory Paternity
Pay because I have more than 26 weeks continuous service with the NHS at
the 15th week before the expected week of confinement/ or placement of a child.
Scheme C
Either one or two continuous weeks Paternity leave, without pay, because my
earnings are less than the Lower Earnings Limit for National Insurance
Purposes.
Conditions of Paternity Leave/Pay
I confirm that I have worked continuously for the NHS for at least 26 weeks
leading into the 15th week before the expected week of confinement or
placement of a child
I understand that I must take my Paternity leave within 56 days of the child
being born or placed for adoption.
Signature…………………………….. Date………………………….
(Applicant)
PaternityPolicy.FEb071.doc Page 9 of 9
