Paternity/partner leave

Paternity/partner leave is two weeks leave on or around the birth of a new baby, adoption of a child or if your employee is having a child through a surrogacy arrangement. If twins are born or more than one child is adopted at a time only one period of leave is available. Paternity/partner leave can only be taken in weekly blocks. One week paternity leave can be taken if your employee wishes, however if they do this they will lose their right to take a second week of paternity leave, as you cannot save it and take it at a later date.

Paternity/Partner Leave Policy

Paternity/partner leave eligbility

You’re eligible for paternity/partner leave as long as:

• you have, or expect to have, main responsibility (along with the child’s mother or adopter) for the new baby or adopted child’s upbringing
• you’ve been continuously employed by the University for at least 26 weeks by the time the mother reaches her qualifying week (15 weeks before she’s due to give birth) or the week in which you’re notified of a match if you’re adopting or the date the child enters the country if adopting from abroad.
• you’re using your paternity leave to either look after the child or support the child’s mother or adopter in caring for the child.

You must also be either:

• the baby’s biological father
• matched with a child by an adoption agency
• the spouse, civil partner, or partner of either the child’s mother or the individual who has been matched with a child by an adoption agency.

Attending pregnancy related appointments

The partner of someone who's pregnant has the right to time off work to attend two pregnancy-related ('antenatal') appointments. This time off is unpaid. They have the legal right to take up to six and a half (6.5) hours per antenatal appointment which includes travel to and from the appointment.

If your employee does not want to take unpaid time off, they could ask to take it as holiday or make up the hours later. Both you and the employee would need to agree this.

Occupational paternity/partner pay

Employees who have worked at the University for a minimum of 52 weeks as at the 15th week before the expected week of childbirth are entitled to occupational paternity/partner pay as follows:

• one week at full pay (including statutory paternity/partner pay (SPP))
• one week at flat rate SPP (or 90% of earnings if this is less than flat rate SMP).

In the event that a staff member qualifies for occupational paternity/partner pay, but not statutory paternity/partner pay then the employee will be paid occupational paternity/partner pay minus any SPP.

Statutory Paternity Pay (SPP)

Employees who do not qualify for occupational paternity pay but who have been employed by the University for a minimum of 26 weeks as at the 15th week before the expected week of childbirth are entitled to SPP (provided that their earnings reach the lower earnings limit for national insurance contributions. Further information is available on the Government website. SPP is paid for either one or two consecutive weeks depending on the length of paternity/partner leave chosen by the employee.

When can Paternity/partner leave start?

By law, your employee must tell you the following information no later than 15 weeks before the date the baby is due:

• that they're expecting a child
• how much paternity leave they plan to take – by law they can take 1 or 2 weeks
• the date they want to start their leave.

Because the baby could arrive early or late you should:

• be flexible about when they start their leave
• make appropriate arrangements for their absence, such as arranging paternity cover.

They cannot start paternity leave before the birth, but they could take another type of leave (annual leave for example), depending on their employment contract and if you agree. 

Handling difficult situations

If there is a stillbirth or the baby dies soon after birth then then employee still has their paternity rights if:

• the baby is stillborn after the 24th week of pregnancy 
• the baby dies soon after birth.

If the employer is eligible for parental bereavement leave and pay they have the right to tka this after they finish their paternity leave. Please see the Compassionate Leave Policy under S5 which deals with parental bereavement leave and pay. 

HR process 

Once the SC3 form has been completed by the employee and sent to the HR Helpdesk then your employee's record will be updated by the HR Admin team on our HR System (iTrent). An HR advisor will email the employee with a paterntiy/partner confirmation letter and you as the line manager will be cc'd in.