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PATERNITY LEAVE Powered By Docstoc
					1.      PURPOSE

1.1     This procedure, which has been agreed between the Transport Executive and UNISON, shall apply to all
        employees of the Transport Executive who satisfy the eligibility criteria under rights contained in the
        Employment Act 2002 and associated Regulations.

        Paternity Leave provides employees with the right to take paid leave to care for a newborn child or to            PATERNITY
        support the mother. Paternity Leave is also available to employees following the placement of a child for
1.2     This procedure sets out the rights and obligations of both the employee and the Transport Executive.


2.1     The Paternity Leave rights apply to full-time and part-time employees of the Transport Executive. For part-
        time employees the amount of leave and pay is calculated on a pro-rata basis.

2.2     The employee concerned must either be named on the child’s birth certificate or must have, or expect to
        have parental responsibility under the law for the child.

2.3     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.

2.4     Employees who are adopting a child will be entitled to take Paternity Leave because they will have parental
        responsibility when they adopt.

2.5     Both mothers and fathers of the adoptive child can qualify for Paternity Leave, however, where both mother
        and father work for the Transport Executive this is restricted to only one parent taking Paternity Leave. The
        other member of the couple who are adopting jointly may be entitled to Adoption Leave and pay (see
        Adoption Leave Procedure).

2.6     An employee will not be subjected to detrimental treatment by the Transport Executive for taking or seeking
        to take Paternity Leave.


3.1     Employees will need to 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
        - have worked continuously for the Transport Executive for 26 weeks leading into the 15th week
          before the baby is due.

3.2     Entitlement

        Eligible employees will be entitled to choose to take either one week or two consecutive week’s paid
        Paternity Leave (not single days) within 56 days of the child’s birth date. Employees will also be entitled
        to take Paternity Leave if a child is born early, within the period from the actual date of birth up to 56 days
        after the expected week of birth.

        During paternity leave employees will be entitled to Statutory Paternity Pay (SPP) or 90% of
        average weekly earnings, where such earnings are lower than the current ate of SPP provided
        that they are above the lower earnings limit for National Insurance purposes.

        Employees must provide a completed Self Certificate as evidence of the entitlement to SPP.

Agreement Reference: P18 (JAN 07)

        The Employment Contract continues during Paternity Leave unless terminated by the Transport Executive or the employee.

4.1     A period of absence due to Paternity Leave does not affect entitlement to paid annual leave.

4.2     An employee returning to work after Paternity Leave is entitled to benefit from any general improvements to the rate of pay or other terms
        and conditions of employment.

4.3     Paternity Leave counts towards continuous employment for the purposes of statutory employment protection rights.

4.4     If the employee exercises their right to return to work and is a member of the Pension Fund, then they will be required to pay normal
        pension contributions on those periods of actual pay received. For any period in which the employee does not receive pay, then they can
        arrange to pay pension contributions. Details of the amount of such contributions can be obtained from the Finance Department.

4.5     An employee taking Paternity Leave shall be treated the same as any other employee when a redundancy situation arises.

4.6     Employees will be entitled to return to the same job following Paternity Leave.

4.7     Eligible employees who are parents of children aged under six, or of disabled children aged under 18, will have the right to apply to work
        flexibly. (please refer to the Flexible Working Procedure)


        In the event that the employee satisfies the eligibility criteria and wishes to take Paternity Leave, the following procedure shall apply:

5.1     Notice to take Paternity Leave

5.1.1   An employee should notify their Line Manager and the Human Resources Department of their intention to take Paternity Leave by the
        fifteenth week before the baby is expected. The employee should also inform the Transport Executive of:

        - the week the baby is due
        - whether they wish to take one week or two weeks Paternity Leave
        - when they want their leave to start

5.1.2   Employees will be required to inform the Transport Executive of their intention to take Paternity Leave within 7 days of the adopter being
        notified by their adoption agency that they have been matched with a child. The employee should also inform the Transport Executive of:

        - when the child is expected to be placed
        - whether they wish to take one week or two weeks Paternity Leave
        - when they want their leave to start

5.1.3   An employee must take the leave in a period of a week or two consecutive periods of a week and not single days.

5.1.4   Upon receipt of this notification, the Line Manager shall inform the Human Resources Department, seeking their advice and guidance if

5.1.5   The Transport Executive reserves the right to see evidence that the employee is the father of the child or has parental responsibility for
        the child and meets the eligibility criteria. Evidence might include the following:

        - Child’s birth certificate
        - Adoption papers

5.1.6   The leave recorded will be filed separately and not form part of any other absence.

5.1.7   Employees will be able to change their mind of the date on which they want their leave to start provided they inform the Transport Executive
        at least 28 days in advance (unless this is not reasonably practicable).

Agreement Reference: P18 (JAN 07)

  6.1      If employees exercise their right to Paternity Pay but do not use the leave to care for a child but for some other purpose this may amount
           to a disciplinary offence.

  7.       APPEAL

  7.1      If an employee wishes to appeal against a decision relating to the following:

           - any aspect of the Paternity Leave Procedure
           - detrimental treatment as a result of requesting or taking Paternity Leave

           the matter should be referred to the Grievance Procedure for resolution.

           For and on behalf of UNISON

           ----------------------------------------------------------                    ---------------------------------------
           Chair, Branch Committee                                                       Date

           For and on behalf of South Yorkshire Passenger Transport Executive

           ----------------------------------------------------------                    --------------------------------------
           Passenger Services Director                                                   Date

Agreement Reference: P18 (JAN 07)

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