paternity leave policy · 1.4 an employee must ensure that form pat2 (appendix 3) is fully...

Paternity Leave Policy

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Policy Title:

Paternity Leave Policy

Supersedes: Any previously agreed policies

Description of Amendment(s): N/A

This policy will impact on: All CCG Staff

Financial Implications: N/A

Policy Area: Human Resources/Organisation Development

Version No: 001 Issued By: CSU Human Resources Author: Ellen Hunt Document Reference: HR22 Effective Date: August 2014 Review Date: August 2016 Impact Assessment Date: July 2014

Consultation: Partnership Forum - CCG July 2014

Approved by Committees: CCG Governance Structure

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Contents Part 1 1.0 POLICY STATEMENT 4

2.0 PRINCIPLES 4

3.0 EQUALITY STATEMENT 6

4.0 MONITORING AND REVIEW

7

Part 2

1.0 PROCEDURE 8

2.0 KEEPING IN TOUCH 9

Appendix 1 EQUALITY IMPACT ASSESSMENT 10

Appendix 2 APPLICATION FOR ORDINARY PATERNITY LEAVE

AND PAY

11

Appendix 3 APPLICATION FOR ADDITIONAL PATERNITY

LEAVE AND PAY

13

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PART 1 HR POLICIES PATERNITY LEAVE

1. POLICY STATEMENT 1.1 Paternity leave (Maternity support) is provided to allow employees time away from work

following the birth or adoption of a child. This policy details the arrangements within the CCG in relation to paternity leave and pay.

1.2 This policy will apply to biological and adoptive fathers, nominated carers and same sex

partners. 2. PRINCIPLES 2.1 Two types of leave are available, Ordinary Paternity Leave and Additional Paternity Leave.

Ordinary Paternity Leave 2.2 To qualify for up to two weeks ordinary paternity leave, with Occupational Paternity Pay, an

employee must:

2.2.1 have, or expect to have, responsibility for the child’s upbringing; 2.2.2 be the biological father of the child, or be the mother’s spouse, partner or civil

partner but not the father of the child, or be the adopter’s spouse or partner; 2.2.3 have worked continuously for 12 months for one or more NHS employers by the

beginning of the week in which the baby is due or the adopted child is due to be placed.

2.3 Where an employee satisfies the conditions in 2.2 above, payment will be made at full

salary, including regular payments and bonus, less any Statutory Paternity Pay (SPP), for up to two weeks.

2.4 An employee who satisfies the conditions in 2.2 above, except 2.2.3, will be entitled to SPP

and leave provided they:

2.4.1 have 26 weeks continuous service with one or more NHS employers, ending with the 15th week before the baby is due or the week in which notification of the adoptive match occurs;

2.4.2 will continue to be employed up to the date of birth or placement of a child;

2.4.3 have average weekly earnings at or above the Lower Earnings Limit.

2.5 SPP is the same as the standard rate for Statutory Maternity Pay, or 90% of average

weekly earnings if this is less than SPP.

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2.6 If the baby is born earlier that the fourteenth week before it is due and, but for the birth occurring early, the employee would have been employed continuously for 26 weeks, then the employee will be deemed to have the necessary length of service.

2.7 Employees can choose to take either one week’s, or two separate or continuous weeks,

leave (i.e. not odd days). Only two weeks leave is available irrespective of whether more than one child is born as a result of the same pregnancy or more than one child placed together for adoption.

2.8 Leave can start from:

the date of the child’s birth or placement (whether this is earlier or later than expected),

or

a chosen number of days or weeks after the date of the child’s birth or placement

(whether this is earlier or later than expected), or

a chosen date.

2.9 Leave can start on any day of the week on or following the child’s date of birth or placement but must be completed:

within 56 days of the actual date of birth or placement of the child, 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.

2.10 Employees will be entitled to reasonable time off to attend ante-natal classes or official meetings in the adoption process.

2.11 Annual leave will accrue during ordinary paternity leave. 2.12 Paid Special/Other leave may be granted where there are difficulties at the time of birth.

Additional Paternity Leave 2.13 To be eligible for additional paternity leave the child’s mother or the adopter who elected to

take adoption leave must have returned to work and have stopped receiving SMP, MA or SAP.

2.14 To qualify for up to 26 weeks additional paternity leave an employee must satisfy each of

the following criteria: 2.14.1 He/she must have, or expect to have, responsibility for the child’s upbringing and

intend to care for the child during the leave period;

2.14.2 He/she must be the biological father of the child, or be the mother’s spouse, partner or civil partner but not the father of the child, or be the adopter’s spouse, partner or civil partner;

2.14.3 He/she must have been continuously employed for at least 26 weeks by the end of

the 15th week before the expected week of childbirth or the week in which notification of the adoptive match occurs;

2.14.4 He/she must remain in continuous employment until the week before the first week

of additional paternity leave;

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2.15.5 The mother of the child must be entitled to receive one or more of maternity leave,

Statutory Maternity Pay (SMP) or Maternity Allowance (MA). In the case of adoption, the primary adopter must be entitled to one or both of adoption leave or Statutory Adoption Pay (SAP).

2.16 Qualifying employees may take up to 26 weeks additional paternity leave within the first

year of the child’s life or after the child’s placement for adoption providing the child’s mother or the adopter who elected to take adoption leave has returned to work and has stopped receiving SMP, MA or SAP.

2.17 The earliest that additional paternity leave can start is 20 weeks after the date the child is

born or 20 weeks after the date of placement of the child for adoption. Leave must end no later than 12 months after that date.

2.18 Leave must be taken as a single block in multiples of complete weeks. The minimum period

of leave is 2 consecutive weeks and the maximum period is 26 weeks. 2.19 Additional Statutory Paternity Pay (ASPP) is only payable during the mother’s/adopter’s

maternity/adoption pay period which is the 39 consecutive weeks in which SMP/MA/SAP would be payable if the mother/adopter had not returned to work. Any leave taken after this period ends will be unpaid.

2.20 In order for the employee to be eligible for ASPP, the mother/primary adopter must have at

least 2 weeks of his or her maternity or adoption pay period which remains unexpired. 2.21 An employee may take only one period of additional paternity leave per pregnancy or

adoption, regardless of the number of children born as a result of the pregnancy or the number of children placed under the same adoption arrangement.

2.22 Annual leave will accrue during additional paternity leave. If the leave year is due to end

during additional paternity leave the outstanding annual leave entitlement, less any agreed carryover, must be taken before paternity leave starts.

2.23 Pension contributions will be deducted from salary as normal during paid Paternity Leave

and continue to be payable during unpaid leave. On return to work, arrears of contributions will be deducted by payroll over an agreed period of time.

2.24 The employee is entitled to return to the same job, on the same terms and conditions of

employment, after ordinary and additional paternity leave. 2.25 Absence on Paternity Leave, whether paid or unpaid, counts as service towards the normal

annual increment. 2.26 An employee has the right to apply to return to work on a part-time or flexible working basis.

Applications should be made to their Line Manager and will be given fair and objective consideration.

3. EQUALITY 3.1 In applying this policy, the CCG will have due regard for the need to eliminate unlawful

discrimination, promote equality of opportunity, and provide for good relations between

people of diverse groups, in particular on the grounds of the following characteristics

protected by the Equality Act (2010); age, disability, gender, gender reassignment,

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marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sexual

orientation, in addition to offending background, trade union membership, or any other

personal characteristic.

4. MONITORING AND REVIEW 4.1 The policy and procedure will be reviewed periodically. Where review is necessary due to

legislative change, this will happen immediately.

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PART 2

1. PROCEDURE

Ordinary Paternity Leave 1.1 An employee must, wherever possible, give at least 28 days’ notice of their intention to take

ordinary paternity leave by completing Form PAT1 (Appendix 2). 1.2 The form is evidence that the employee meets the eligibility conditions and includes the

following information:

the week the baby is due or the child is expected to be placed;

whether one week or two consecutive weeks is requested;

the date ordinary paternity leave is to start;

the employee’s confirmation of eligibility.

1.3 In the event of a still birth, if the birth takes place after the 24th week of pregnancy the

employee will be entitled to the same amount of ordinary paternity leave and pay as if the baby had been born alive.

Additional Paternity Leave

1.4 An employee must ensure that Form PAT2 (Appendix 3) is fully completed, including the

sections to be completed by the mother/adopter of the child, and submitted to their manager at least 56 days before the date they wish their leave to start.

1.5 Form PAT2 is evidence that the employee meets the eligibility conditions and includes the

following information:

the week the baby was due or the week in which notification of the adoptive match

occurred;

the actual date of birth or placement of a child;

the intended start and end dates of additional paternity leave;

the employee’s confirmation of eligibility;

the mother’s/adopter’s declaration.

1.6 The employee will receive written confirmation within 28 days of receipt of Form PAT2 of:

their entitlements, both paid and unpaid

their expected return date

details of any annual leave that must be taken before paternity leave starts

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the need for them to give at least 28 day’s notice if they wish to return to work before the

given date

1.7 Within 28 days of receipt of form PAT 2, the employee may be requested to provide the

name and business address of the mother’s employer and/or a copy of the child’s birth certificate. This must be provided within 28 days of the request being made. In the case of an adopted child, evidence of the name and address of the adoption agency, the date on which he/she was notified of being matched with a child and the date on which the agency expects to place the child for adoption may be requested.

1.8 An employee wishing to return to work earlier than the date previously notified must give at

least 28 days’ notice of the new return date. 2. KEEPING IN TOUCH 2.1 Arrangements for keeping in touch during the period of additional paternity leave will be

agreed between the individual and their manager prior to the start of leave. 2.2 It should be noted that staff absent on paternity leave should receive details of vacancies

and other pertinent business information, this is normally done via the post to the employees home address.

2.3 Keeping in Touch (KIT) days allow employees to do a limited amount of work under their

contract during the Paternity Pay Period without loss of SPP for the week. They are intended to facilitate a smooth return to work for parents returning from paternity leave and can include training or other activities which enable the employee to keep in touch with the workplace.

2.4 An employee may work a maximum of 10 KIT days without bringing their paternity leave to

an end. Any days of work will not extend the paternity period. 2.5 Working for part of any day will count as a whole KIT day. 2.6 The employee will be paid at their basic daily rate for the hours worked less appropriate

paternity leave payment for KIT days worked 2.7 Any work must be by agreement and neither the employer nor the employee can insist

upon it. 2.8 In certain circumstances, the CCG may consider the reimbursement of reasonable

childcare costs in order to enable the employee to take up the opportunity to work KIT days.

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Appendix 1

Equality Analysis Initial Assessment

Title of the change proposal or policy:

Paternity Leave

Brief description of the proposal:

To ensure that the policy amends are fit for purpose, that the policy is legally compliant, complies with NHS LA Standards and takes account of best practice.

Name(s) and role(s) of staff completing this assessment:

Theresa Gavin – HR Management Trainee

Date of assessment: 13th December 2012

Please answer the following questions in relation to the proposed change: Will it affect employees, customers, and/or the public? Please state which.

Yes it will affect all employees.

Is it a major change affecting how a service or policy is delivered or accessed?

No

Will it have an effect on how other CCGs operate in terms of equality?

No

If you conclude that there will not be a detrimental impact on any equality group, caused by the proposed change, please state how you have reached that conclusion:

No anticipated detrimental impact on any equality group. The policy adheres to the NHS LA Standards, AFC Terms and Conditions, is legally compliant and takes account of best practice. Makes all reasonable provision to ensure equity of access to all staff. There are no statements, conditions or requirements that disadvantage any particular group of people with a protected characteristic.

Please return a copy of the completed form to the Equality & Diversity Manager

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FORM PAT1

Appendix 2 Application for Ordinary Paternity Leave and Pay

Please complete this form and forward it to your manager at least 28 days before the expected date of childbirth/ date of adoption (or if this is not possible as soon as is reasonably practicable).

Name

Assignment Number

Job Title

Organisation

I am expecting a baby/adopting a child on

(date/week)

Child’s actual date of birth/adoption

RETURNING TO WORK FOLLOWING ORDINARY PATERNITY LEAVE

If you have more than 12 months service, complete this section I wish to claim NHS contractual paternity leave and pay

I will begin my paternity leave on

(Date)

I wish to take one week’s

leave* two week’s leave* (*delete)

My anticipated date of return is

(Date)

If I wish to change the date that I will begin my paternity leave, I undertake to give my manager 28 days notice. I understand that in the event of failure to return to duty as stated above, the organisation will reclaim all paternity payments received other than Statutory Paternity Payments due. If you have less than 12 months service but have completed 26 weeks continuous service with one or more NHS employers then complete this section.

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I wish to claim statutory paternity leave and pay.

I will begin my paternity leave on

(Date)


(Date)

If I wish to change the date that I will begin my paternity leave, I undertake to give my manager 28 days notice. Declaration I can confirm that I meet the eligibility requirements for paternity leave as described in the CSU’s Paternity Leave Policy.

Employee Signature

Date

PLEASE ALSO ATTACH AN SC3 FORM TO YOUR APPLICATION

This form is available on the BMS website / HR section

For Completion by the Employees Manager

Name

Job Title

Signature

Date

For Salaries and Wages Use Only

Notification Week

Ordinary Paternity Period Commences

Ordinary Paternity Pay Period Ceases

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Appendix 3 FORM PAT2

Application for Additional Paternity Leave and Pay

Please complete this form and forward it to your manager at least 56 days before the expected date of childbirth/ date of adoption (or if this is not possible as soon as is reasonably practicable).

Name

Employee Number

Job Title

Organisation

Expected week of childbirth was

(week)

or

Notification of adoptive match was

(week)

Actual date of childbirth was

(week)

or

Actual date of placement was

(week)

I will begin my additional paternity leave on

(Date)

I wish to take (detail weeks of APL)


(Date)

If I wish to change the date that I will begin my additional paternity leave, I undertake to give my manager 56 days notice (or if this is not possible as soon as is reasonably practicable).

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Declarations I can confirm that I meet the eligibility requirements for paternity leave as described in the CSU’s Paternity Leave Policy.

Employee Signature

Date

I can confirm that I, the child’s mother/adopter who elected to take adoption leave have returned to work and have stopped receiving SMP, MA or SAP.

Mother/Adopter Signature

Date

For Completion by the Employees Manager

Name

Job Title

Signature

Date

For Salaries and Wages Use Only

Notification Week

Additional Paternity Period Commences

Additional Paternity Pay Period Ceases

paternity leave policy · 1.4 an employee must ensure that form pat2 (appendix 3) is fully...

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