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Paternity Leave

Introduction

Employees have the right to take up to two weeks’ ordinary paternity leave (OPL).

Pay is also available to all eligible employees around the time of the birth or adoption of a child.

The leave must be taken to care for your child or to support your child’s mother/adopter and must be taken as a single block of either one or two weeks. If you take a single week’s leave, you cannot take a second week’s leave at a later date.

You cannot take more than one period of OPL even if more than one child is born or adopted at the same time.

The leave can be taken on a date of your choosing but must be taken within 56 days’ of the birth or adoption placement unless the child is born prematurely. In that case the leave must be taken within 56 days of the expected week of childbirth (EWC).

To qualify for OPL you must have 26 weeks’ continuous employment before the end of the 15th week before the EWC, or in the week when your partner is notified of a match for adoption, and must share responsibility for the care of the child with the child’s mother/adopter.

You are entitled to take unpaid time off to accompany your pregnant partner to up to two ante-natal appointments.

Eligible employees may also be able to take periods of shared parental leave (and possibly pay) which must be taken within a year of the child’s birth or adoption. This can be taken in a more flexible way for those employees with babies born/children matched for adoption.

Note: If your eligible for shared parental leave (see Shared parental leave) you will lose your right to OPL if you have already taken a period of shared parental leave for the child.

Surrogacy

The intended parents in a surrogacy arrangement who are entitled, and intend to, make an application for a parental order to become the child’s legal parents can take paternity leave and pay and adoption leave and pay in relation to the child (assuming that other relevant conditions are met).

Employees will also be able to opt into the shared parental leave system if the parent taking adoption leave chooses to bring the leave to an end early.

 Notification of taking leave

In order to take OPL, you must notify your line manager of your intention to take the leave. You must put your request in writing and notice must be given on or before the 15th week before the expected week of childbirth (EWC), or within seven days of being notified of matching in cases of adoption. If it is not reasonably practicable to give notice at that time, notice must be given as soon as it is reasonably practicable.

The notice must specify:

  • the EWC or date of matching for adoption and expected date of placement
  • the period of leave the employee wants to take
  • when you wish the leave to begin.

Employees can change the date on which they want their OPL to start provided they  give their line manager ‘ notice of the change, or if this is not reasonably practicable, as soon as it is reasonably practicable.

Time off to attend ante-natal appointments

If you are in a ‘qualifying relationship’ with a pregnant woman or her child, you are entitled to take unpaid time off work on up to two occasions to accompany the woman to ante-natal appointments.

To be eligible to take time off as a companion for up to two ante-natal appointments, you must be:

  • the child’s father
  • the woman’s husband, civil partner or partner, or
  • the child’s intended parent in a surrogacy arrangement.

You may be required to state or provide proof:

  • the time and date of the appointment
  • that the time off is to accompany the woman to an ante-natal appointment
  • the appointment is made on the advice of a registered doctor, nurse or midwife, and
  • that they are the child’s father, or the woman’s husband, civil partner or partner, or the child’s intended parent in a surrogacy arrangement.

Benefits and statutory paternity pay

Your employment contract continues as normal during OPL, with the exception of terms and conditions relating to ‘remuneration’ (defined as wages or salary).

You will continue to benefit from terms and conditions relating to holiday, or other non-cash benefits for the duration of OPL.

During any period of paid paternity leave (whether statutory or enhanced paternity pay) you will be treated as though you are working normally for your normal remuneration.

Returning to work

Employees will have the automatic right to return to work after one or two weeks’ OPL without giving notice and are entitled to return to the same job they were doing before the paternity leave period.

Additional paternity leave/ shared parental leave

Additional paternity leave (APL) is no longer available as it has been replaced by shared parental leave (SPL).

Employees eligible for OPL may be able to take periods of SPL on a flexible basis. Shared parental pay may also be available if the mother/adopter curtails their maternity or adoption pay period. You can decide how shared parental leave and pay can be divided between you and your partner which can be either maternity/adoption leave and shared parental leave, or both on shared parental leave at the same time if you choose.

For more details, go to ‘Shared parental leave’.

Note: Employees lose their right to ordinary paternity leave if they have already taken a period of SPL for a child.

Cancel Paternity Leave

Employees must give notice to cancel two weeks before the leave is due to start, where possible. If you do not provide notice in the timescales set out and it is not reasonably practicable to accommodate the change, you may be required to take a period of SPL.

Please contact the HR Team at personnel@epwin.co.uk for further information.