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					                       Human Resources Policy No. HR26




                             Paternity Leave

Additionally refer to
                            HR27   Parental Leave
                            HR24   Maternity Leave
                            HR25   Adoption Leave
                            HR27   Parental Leave
                            HR28   Flexible Working
                            HR30   Annual Leave & Public Holidays
                            HR37   Career Breaks




Lead Director
                  Head of HR in conjunction with Corporate Services Director
Date agreed by TNCC                             Date of next review
                    March 2005                                      March 2009
Date agreed by HEG                              Date agreed by Board
                   May 2005




   Paternity Leave Policy                                              Policy Number HR26
   Date of Issue:                                                               Page 1 of 6
                                              Contents

                                                                                     Page
                                                                                     Number

Section 1           Introduction                                                            3

Section 2           Scope                                                                   3

Section 3           Entitlement to Paternity Leave                                          3

Section 4           Paternity Pay                                                           4

Section 5           Entitlement to Paternity Leave and Pay Quick Reference Guide            5

Section 6           Notification                                                            5

Section 7           Still Birth                                                             5

Section 8           Bank Staff                                                              6

Section 9           Entitlement to Time Off for Ante-Natal Care                             6

Section 10          Work During the Paternity Leave Period                                  6

Section 11          Return to Work                                                          6




Paternity Leave Policy                                                       Policy Number HR26
Date of Issue:                                                                        Page 2 of 6
1.        INTRODUCTION

1.1       Paternity Leave is provided to enable employees time away from work following the
          birth or adoption of a child. This document lays down the arrangements within the
          Trust in relation to Paternity Leave and Paternity Pay.

1.2       Further information is available from the Human Resources Department.

2.        SCOPE

2.1       This policy applies to all staff employed by the Trust including “bank staff” and those
          employed on temporary or fixed term contracts.

2.2       The policy does not apply to individuals employed by agencies or other contractors
          who should be referred to their employer for further information.

2.3       In implementing this policy, managers must ensure that all staff are treated fairly and
          within the provisions and spirit of the Trust’s Equal Opportunities Policy. Special
          attention should be paid to ensuring the policy is understood when using it for staff
          new to the NHS or Trust, by staff whose literacy or use of English is weak or for
          persons with little experience of working life.

2.4       Managers must respect the confidentiality of the employee at all times and not
          disclose any personal information to a third party, with the exception of where advice
          is being sought from their line manager or the HR Department

3.        ENTITLEMENT TO PATERNITY LEAVE

3.1       All employees, irrespective of length of service within the Trust, are entitled to two
          weeks Paternity Leave following the birth or adoption of a child or in order to care for
          the child and/or support the mother/adopter provided they:

          i)         have or expect to have responsibility for the child's upbringing

          ii)        are the biological father of the child, the nominated carer or the
                     spouse/partner (male or female) of the adopter

          iii)       are an adoptive parent who is 'newly matched with a child’ and are able to
                     provide a 'matching certificate' from an adoption agency as documentary
                     evidence that they or their partner is formally adopting a child. Paternity Leave
                     is not available in circumstances where a child is not newly matched for
                     adoption, for example when a step-parent is adopting a partner's child.

3.2       Paternity Leave can only be taken in blocks of one week which may be consecutive.

3.3       Paternity Leave must be taken:

          i)         within 56 days of the actual date of birth of the child or placement for adoption,
                     OR

          ii)        if the child is born early or placed early for adoption, within the period from the
                     actual date of birth or placement up to 56 days after the expected week of birth
                     or placement.



Paternity Leave Policy                                                             Policy Number HR26
Date of Issue:                                                                              Page 3 of 6
          iii)       if adopting from overseas, the earliest date that Paternity Leave can begin is
                     the date on which the child enters the UK. Paternity Leave may only be taken
                     up to 56 days from the date on which the child enters the UK.

3.4       Paternity Leave can be taken following the birth or adoption of each child, except in
          instances of multiple birth/adoption, where only one period of Paternity Leave can be
          taken.

4.        PATERNITY PAY

4.1       Not all employees are entitled to payment during Paternity Leave. In order to qualify
          for Paternity Pay, employees must meet the criteria detailed in 4.3 or 4.4 below.
          Those who do not qualify may be entitled to receive Income Support whilst on
          Paternity Leave and should contact their local Jobcentre Plus / Social Security Office
          for further details.

4.2       In calculating Paternity Pay, full pay will be on the basis of the average weekly
          earnings rules used for calculating NHS Maternity Pay entitlements (see HR24
          Maternity Leave Policy).

4.3       Entitlement to Statutory Paternity Pay (SPP)

4.3.1     The rate for Statutory Paternity Pay is the same as for Standard Rate Statutory
          Maternity Pay.

4.3.2     To qualify for Statutory Paternity Pay (SPP), employees must have:

          i)         completed 26 weeks continuous service with the NHS by the 15th week -
                     before the baby is due, or by the date in which notification of adoption is given,
                     and

          ii)        earned enough to pay National Insurance contributions

4.4       Entitlement to NHS Paternity Pay

4.4.1     Employees on Agenda for Change terms and conditions of employment who have
          completed one years continuous service within the NHS by the beginning of the week
          in which the baby is due or the date when the child is placed for adoption, are entitled
          to receive two weeks full pay (calculated in accordance with 4.2 above).

4.4.2     Employees who are on Trust terms and conditions of employment and Medical and
          Dental staff who have completed one years continuous service within the NHS by the
          15th week before the baby is due or by the date notification of adoption is given (the
          qualifying week) are entitled to receive two weeks full pay (calculated in accordance
          with 4.2 above).




Paternity Leave Policy                                                            Policy Number HR26
Date of Issue:                                                                             Page 4 of 6
5.        ENTITLEMENT TO PATERNITY LEAVE AND PAY QUICK REFERENCE GUIDE

               Conditions of    Length of NHS          Paternity
               Service          Service                Leave         Paternity Pay Entitlement
                                                       Entitlement

            All                 Less than 26 weeks     2 weeks       None
            All                 26 weeks +             2 weeks       Statutory Paternity Pay
            Agenda for          12 months by the       2 weeks       NHS Paternity Pay (full pay)
            Change              week in which baby
                                is due or placed for
                                adoption
            Trust / Medical     12 months by the       2 weeks       NHS Paternity Pay (full pay)
            and Dental          15th week before
                                baby is due or by
                                the date of
                                notification of
                                adoption

5.1       Statutory Paternity Pay cannot exceed the employee’s standard full rate of pay. If
          Statutory Paternity Pay is greater than full pay, full pay will be paid.

6.        NOTIFICATION

6.1       An employee is required to notify his/her Manager (in writing) of his/her intention to
          take Paternity Leave at least 28 days before the child is expected to be born or placed
          for adoption, unless this is not reasonably practicable. They will need to inform their
          line manager:

          i)         The week the baby is due to be born or the child is expected to be placed for
                     adoption, and

          ii)        When s/he wishes to take Paternity Leave

          In addition, the employee must provide the manager with a form SC3 Becoming a
          Parent which is available by contacting the Inland Revenue or from
          www.inlandrevenue.gov.uk

6.2       The employee must also provide documentary evidence of the date the child is
          expected to be born or placed for adoption (e.g. a MAT B1 form or a Matching
          Certificate from an adoption agency).

6.3       An employee may change their mind about when they wish to start Paternity Leave
          giving reasonable notice.

7.        STILL BIRTH

7.1       In the event of a still birth, if the birth takes place after the beginning of the 25th week
          of pregnancy, the employee will be entitled to the same amount of Paternity Leave
          and Paternity Pay as if the birth had been live.




Paternity Leave Policy                                                             Policy Number HR26
Date of Issue:                                                                              Page 5 of 6
8.        BANK STAFF

8.1       If a bank employee has worked for each of the 26 weeks (which may include two
          weeks annual leave) by the 15th week before the baby is due or by the date when the
          child is placed for adoption s/he will be entitled to Statutory Paternity Leave and
          Statutory Paternity Leave provided s/he has earned during that time, enough to pay
          National Insurance Contributions.

8.2       If a bank employee has worked for 12 months (which may include four weeks annual
          leave) by the beginning of the week in which the baby is due or by the date when the
          child is placed for adoption s/he will be entitled to NHS Paternity Pay (full pay).

9.        ENTITLEMENT TO TIME OFF FOR ANTE-NATAL CARE

9.1       An employee is entitled to take reasonable time off with pay to attend for ante-natal
          care appointments on the advice of a doctor, midwife or health visitor. Apart from the
          first appointment, the employee should produce proof of future appointments and give
          reasonable notice of the appointments.

10.       WORK DURING THE PATERNITY LEAVE PERIOD

10.1      An employee may not undertake any paid work with the Trust or any other employer
          during the paid Paternity Leave period. If s/he does so, Paternity Leave and Paternity
          Pay will automatically cease and the leave will be treated as unauthorised absence.
          In these circumstances, action may be considered under the Trust’s Disciplinary
          Procedure.

11.       RETURN TO WORK

11.1      Employees are entitled to return to the same post following Paternity Leave.




Paternity Leave Policy                                                       Policy Number HR26
Date of Issue:                                                                        Page 6 of 6

				
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