1. Introduction

1.1 This policy sets out entitlements to Paternity Leave and Pay (both ‘Ordinary’ and ‘Additional’) and the obligations of members of staff who wish to exercise those entitlements, and aims to balance the needs of the University with the needs of the member of staff.  

1.2 Subject to notification requirements and length of continuous service, in order to be eligible for Paternity Leave the member of staff must:

• have, or expect to have, responsibility for the child’s upbringing (born or adopted), and must be making the request for leave to care for the child and/or to support the mother or carer of the baby; 
• be the biological father of the child; the mother’s husband, civil partner or partner (including same sex partners); or the adopter’s spouse or partner (including same sex partners).

1.3 This policy reflects the University’s commitment to promote equality in all its activities in line with the University’s Equality & Diversity policy, accessed at:
www.gla.ac.uk/services/equalitydiversity/equalitydiversitypolicy/

1.4 The following definitions are used within this policy:

• Statutory Paternity Pay (SPP) - this is paid by the University to staff who meet the statutory conditions.

• Ordinary Paternity Leave (OPL) – a 2 week period of leave to which members of staff may be entitled provided they have the necessary service with the University, and have complied with the notification requirements set out below.   During this period of leave, the member of staff will continue to receive all relevant terms and conditions of employment except (unless otherwise agreed) salary and pension.

• Additional Paternity Leave (APL) - a period of up to 26 weeks’ leave to which eligible members of staff may be entitled where the child’s mother (or primary adopter) has returned to work without exercising their full entitlement to maternity or adoption leave.  During this period of leave the member of staff will continue to receive all relevant terms and conditions of employment except (unless otherwise agreed) salary and pension.

2. Ordinary Paternity Leave

2.1 Qualifying for ordinary paternity leave

Subject to the member of staff satisfying the notification requirements, and meeting the eligibility criteria detailed above, their length of service with the University will determine which leave scheme, if any, they qualify for.

2.1.1 Members of staff with a minimum of 52 weeks’ continuous service:

Members of staff will qualify for the University’s Ordinary Paternity Scheme where they have been employed by the University for a minimum period of 52 weeks: 

• in the case of the birth of a child, prior to the end of the 15th week before the expected week of childbirth (EWOC);

• in the case of the adoption of a child, prior to the week in which they are notified of having been matched with the child for adoption.

2.1.2 Members of staff with a minimum of 26 weeks' (but less than 52 weeks’) continuous service:

All other members of staff will qualify for the Ordinary Statutory Paternity Scheme where they have been continuously employed by the University for a minimum of 26 weeks:

• in the case of the birth of a child, prior to the end of the 15th week before the EWOC;

• in the case of the adoption of a child, prior to the week in which they are notified of having been matched with the child for adoption.

2.2 Ordinary paternity leave and pay entitlement

2.2.1 LEAVE: 

Qualifying members of staff can take up to two weeks' paternity leave.  Members of staff can choose to take either one weeks’ leave or two consecutive weeks' leave.  The leave must be taken in blocks of whole weeks and within 8 weeks of the birth or adoption of the child. (This leave period applies to both the University and the Ordinary Statutory Scheme).

2.2.2 PAY

University’s Ordinary Paternity Scheme - One weeks’ leave on full pay and one weeks’ leave at the lesser of the Statutory Paternity Pay (SPP) standard rate (£135.45 per week as at 6 April 2012) or 90% of the member of staff’s average weekly earnings.  (Provided that the member of staff has average earnings above the "lower earnings limit" for national insurance purposes for the requisite period and otherwise qualifies for Statutory Paternity Pay).

Ordinary Statutory Paternity Scheme - Two weeks' leave at the lesser of the SPP standard rate (£135.45 per week as at 6 April 2012) or 90% of the member of staff's average weekly earnings.  (Provided that the member of staff has average earnings above the "lower earnings limit" for national insurance purposes for the requisite period and otherwise qualifies for Statutory Paternity Pay).

2.3 Notification requirements for ordinary paternity leave

2.3.1 The member of staff should notify their line manager through Employee Self Service of their intention to take ordinary paternity leave in or before the 15th week before the EWOC (or, in the case of the adoption of a child, within 7 days of having been notified by the adoption agency of the match with a child).   When requesting the leave, the member of staff will be required to specify:

• the EWOC, or the date the child is expected to be placed for adoption together with the date that the adopter was notified of having been matched with a child;

• the date on which the member of staff has chosen the leave to commence (the option of commencing the leave on the ‘actual date of birth’ will be given);

• the length of paternity leave they wish to take i.e. a one or two week period.

2.3.2 When requesting the leave, the member of staff will also be asked to declare that they meet the statutory eligibility requirements for the leave and that the purpose of the absence from work is to care for the relevant child and/or to support the child's mother/carer. 

2.3.3 The member of staff can change the date on which they wish the ordinary paternity leave to commence provided that they give 28 days’ written notice of new start date to their line manager (with a copy to the relevant College/University Services HR team), or, if that is not possible, they notify them as soon as reasonably practicable.

2.3.4 On having been notified of the request for paternity leave, College/University Services HR will write out to the member of staff to confirm the leave and pay arrangements.

2.4 Commencement of ordinary paternity leave

The member of staff may commence the paternity leave any time from the date of the birth/placement of the child (subject to compliance with the notification procedures), however the leave must be completed within 8 weeks following the birth/placement.

3. Additional Paternity Leave

The right to ‘additional’ paternity leave is available to fathers and partners of mothers of children due on or after 3 April 2011.  It is also available to adoptive parents who are notified of having been matched with a child (or in the case of overseas adoptions whose child enters Great Britain) on or after 3 April 2011.  This right to additional paternity leave is subject to compliance with the notification requirements, eligibility criteria detailed in the Introduction, and length of continuous service.

3.1 Qualifying for additional paternity leave

Members of staff who qualify for ordinary paternity leave will also qualify for additional paternity leave (see ‘Qualifying for ordinary paternity leave’) subject to:

• the member of staff remaining in continuous employment with the University until the commencement of the additional paternity leave;

• the mother of the child or the ‘primary adopter’ (i.e. the individual who elected to take adoption leave) being entitled to one or more of maternity/adoption leave, statutory maternity/adoption pay or maternity allowance;

• the mother or primary adopter having returned to work forfeiting a portion of their maternity or adoption leave.

3.2 Entitlements & provisions relating to additional paternity leave

3.2.1 A member of staff who qualifies for additional paternity leave may elect to take up to 26 weeks' additional paternity leave within the first year of the child's life (or in the case of adoption, within the first year after the child’s placement) provided that the mother or primary adopter has returned to work before using their full entitlement to maternity/adoption leave. 

3.2.2 The duration of additional paternity leave which can be taken is equivalent to the amount of maternity/adoption leave that the mother/primary adopter has remaining on their return to work e.g. where 2 months of maternity/adoption leave remains, up to 2 months of additional paternity leave may be taken. 

3.2.3 The earliest that additional paternity leave can commence is 20 weeks after the date on which the child is born, or 20 weeks after the date of placement of the child for adoption.

3.2.4 Whilst the leave does not need to follow on directly from the cessation of the mother or primary adopter’s maternity/adoption leave, it must end no later than 12 months after the date of birth/placement.

3.2.5 Additional paternity leave must be taken as a single block in multiples of complete weeks. The minimum period is two consecutive weeks and the maximum period is 26 weeks.

3.2.6 Eligible members of staff are entitled to take both ordinary and additional paternity leave.

3.3 Additional statutory paternity pay

3.3.1 Additional SPP is payable only during the period that the mother/primary adopter would have received statutory maternity/adoption pay or maternity allowance, had they not returned to work.

3.3.2 A member of staff who qualifies for additional paternity leave and has provided the necessary notification will be entitled to additional statutory paternity pay provided that:

• the mother or primary adopter has at least two weeks of their maternity or adoption pay period that remains unexpired; and

• the member of staff has average earnings above the "lower earnings limit" for national insurance purposes for the requisite period. 

3.3.3 Any statutory paternity pay due during additional paternity leave will be paid at the SPP standard rate (£135.45 per week as at 6 April 2012), or at a rate equivalent to 90% of the member of staff's average weekly earnings if this figure is less than SPP.

3.3.4 Statutory paternity pay is payable whether or not the member of staff intends to return to work after their additional paternity leave.

3.4 Notification requirements for additional paternity leave

3.4.1 The member of staff should notify their line manager through Employee Self Service of their intention to take additional paternity leave at least eight weeks in advance of the intended start date of the leave.  When requesting the leave, the member of staff will be required to:

• specify the intended start and end date of additional paternity leave and, if applicable, statutory paternity pay;
• in the case of the birth of a child, specify the date on which the child was expected to be born and the actual date of birth;
• in the case of an adopted child, specify the date on which the member of staff was notified of having been matched with the child and the date of placement for adoption;

3.4.2 In addition to requesting the leave through employee self service the member of staff should complete the appropriate additional statutory paternity leave declaration and get their partner to complete the mother/partner declaration section giving details regarding their leave and return to work.  This should then be forwarded to the appropriate College/University Services HR team. 

The statutory paternity declaration forms can be downloaded at:

• Becoming a parent  - www.hmrc.gov.uk/forms/sc7.pdf
• Becoming an adoptive parent - www.hmrc.gov.uk/forms/sc8.pdf
• Adopting a child from abroad www.hmrc.gov.uk/forms/sc9.pdf

3.4.3 If required, the member of staff must provide the University with the name and business address of the mother’s/primary adopter’s employer and a copy of the child’s birth/adoption certificate.   The member of staff must supply this information within 28 days of it being requested.

3.4.4 The member of staff can change the date on which they wish the additional paternity leave to commence provided that they give 6 weeks’ written notice of the new start date to their line manager (with a copy to the relevant College/University Services HR team), or, if that is not possible, they notify them as soon as reasonably practicable.

3.4.5 On having been notified of the request for paternity leave, College/University Services HR will write out to the member of staff to confirm the leave and pay arrangements.

3.5 Annual leave and additional paternity leave

Where a member of staff is taking an extended period of additional paternity leave, they may wish to consider using any outstanding annual leave due to them before the commencement of additional paternity leave.

3.6 Keeping in touch during additional paternity leave

3.6.1 During additional paternity leave the line manager and the member of staff should make reasonable contact with each other. The frequency and mode of communication should be agreed between both parties prior to the commencement of the leave.  If the member of staff wishes to be kept updated on certain matters or developments whilst on adoption leave, this again should be discussed and agreed before the leave commences. 

3.6.2 Keeping in Touch (KIT) Days - On agreement with their line manager, staff may work up to a maximum of 10 days during the additional paternity leave period, known as ‘keeping in touch’ days. These days may be taken at any stage during the additional paternity leave.  Keeping in touch days should be mutually agreed - the member of staff is not required to undertake such days, and the University is not obliged to agree to them. Staff will receive the normal hourly/salary rate for the hours worked on such days. This will be calculated inclusive of any statutory additional paternity payment the member of staff is receiving at the time. Where the member of staff is receiving no pay, they will receive the full hourly/salary rate for the hours worked.  The type of work undertaken should be agreed between the member of staff and their line manager.  KIT days can include training courses, staff meetings, away days, performance & development reviews, etc. and should not be restricted to the performance of the member of staff’s normal duties. It is the responsibility of the line manager to monitor KIT days, and to record these within Manager Self Service within 5 days of the member of staff attending work.

3. 7 Returning to work after additional paternity leave

3.7.1 Change of return date (notice required) - If the member of staff wishes to return to work earlier than the expected return date, they must give six weeks’ written notice of the date on which they intend to return to their line manager (with a copy to the relevant College/University Services HR team). If the required notice is not given, the line manager may postpone their return until the full six weeks’ notice has been given.

3.7.2 Right to return to the same/similar role - A member of staff returning to work following a period of additional paternity leave will generally return to the job in which they were employed prior to the leave, on the terms and conditions applicable to their post as if they had not been absent.   This protection also applies where the member of staff has taken up to four weeks' parental leave in addition to the additional paternity leave.  Where a leave period exceeds this duration, the member of staff is entitled to return either to the same job, or if this is not reasonably practicable (for example due to a organisational restructure), to an equivalent job which would be considered suitable alternative work, on terms and conditions no less favourable than would have applied if the member of staff had not been absent. 

3.7.3 Not returning to work - If the member of staff does not intend to return to work following additional paternity leave, they must comply with their obligation to give notice as set out in their terms and conditions of employment.

4. Rights and Obligations

4.1 Paternity leave and pay covers both single and multiple births and, with regard to adoption, the placement of one child or more.  The member of staff's entitlement to leave and pay will, therefore, remain the same irrespective of the number of children born as a result of the same pregnancy or placed for adoption as part of the same arrangement.

4.2 During periods of ordinary paternity leave and additional paternity leave, the member of staff is entitled to all relevant terms and conditions of employment (except for payment of salary/pension) which would have applied had they not been absent.

4.3 Salary may be replaced by statutory paternity pay for some of the additional paternity leave period if the member of staff is eligible to receive it. The remaining period of additional paternity leave is unpaid.

4.4 Where a member of staff exercises their right to return to work following a period of paternity leave, the period of absence will be considered continuous service with the University for the purpose of seniority, redundancy rights and other similar rights.

4.5 Pension rights and contributions shall be managed in accordance with the provisions of the relevant superannuation scheme, providing that these provisions do not conflict with any statutory requirements that may apply at the time.

4.6 The member of staff will be entitled to progress through the normal annual increments on the University’s salary scale in accordance with their terms and conditions of employment, to take effect from the normal incremental date.

4.7 Annual leave entitlement will continue to accrue, as normal, during ordinary and additional paternity leave.  Any accrued annual leave may be used in lieu of an equivalent amount of unpaid paternity leave subject to the approval of the Head of School/RI/University Service.

4.8 During periods of OPL and APL the member of staff is required to fulfill the obligations of their terms and conditions of employment with the University, except where those obligations are inconsistent with the right to leave.

5. Other Provisions

5.1 Average weekly earnings will be calculated in accordance with the statutory paternity pay regulations that may apply at that time.

5.2 There is no distinction between live and full-term still births in the exercising of ordinary paternity leave. For this purpose, full-term still births are those following at least 24 weeks of pregnancy.

5.3 This policy will be regularly reviewed by the University and may be amended at any time following appropriate consultation.

6. Further Information

For further advice and information on this policy, please contact your relevant College/University Services HR team.

7. Useful/Related Links

Maternity Leave Policy

Adoption Leave Policy

Parental Leave Policy

Emergency Time Off to Care for Dependants