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Paternity Leave
Introduction
The Employment Act 2002 introduced new statutory rights to paternity leave and pay that is available to employees whose children are expected to be born after 6 April 2003.
Eligibility for Paternity Leave Before the Baby's Birth
Upon completion of one year's continuous service you are entitled to one half day's leave, on full pay, to attend a specific ante-natal session.
Eligibility for Paternity Leave After the Baby or Babies Birth
In order to qualify you must meet the following criteria:
- have or expect to have responsibility for the baby's upbringing and be either the biological father or the mother's husband or partner. (Partner refers to someone who lives with the mother, either male or female, in an enduring family relationship, but who is not a blood relative).
- have worked continuously for the University for 26 weeks at the fifteenth week before the expected week of childbirth (EWC) and continue in with the University employ up to the date of birth.
- wish to take the time off either to care for the new baby or to support the mother. The baby must be born after the 6 April 2003.
Amount and Timing of Paternity Leave
You can take up to two weeks' paternity leave, either one week or two consecutive weeks but not two separate weeks. This paternity leave must be taken within 56 days (8 weeks) of the birth.
If the baby is born early you can choose to take your leave any time between the actual date of birth and the end of an eight week period running from the Sunday of the week the baby was originally due. You cannot take odd days off work, but the weeks can start on any day of the week.
One period of leave only is allowed irrespective of whether it is a
multiple birth.
For babies due on or after 3 April 2011 mothers can transfer up to six
months of their maternity leave to the father. The details of this
entitlement are as follows:
- A mother will be able to transfer up to six months maternity leave to the father which can be taken once the mother has gone back to work and the child is over 20 weeks old. Transferred paternity leave must be taken within 1 year of the birth or adoption of the child
- Fathers can benefit from up to six months' (26 weeks) additional paternity leave if the mother returns to work before using her full entitlement to statutory maternity leave. If the mother has not taken her full entitlement to statutory maternity pay or allowance, the remaining payments may be transferred to the father at the appropriate rate
- Where the mother dies during the first year of the child's life the date that leave can transfer to the father will be earlier, and the additional paternity leave may last for up to 52 weeks ending no later than the child's first birthday.
- Additional paternity leave and pay will also be available to adopters and civil partnership couples. There are separate regulations for overseas adoptions, please speak to HR for further information.
- A father taking additional paternity leave is also entitled to up to 10 Keeping in touch days (KIT) days. For further information on KIT days please see section 8 of Maternity policy.
- The biological or adoptive mother's husband, partner (this includes same sex partner) or civil partner will also enjoy the right, following a additional paternity leave of 26 weeks or less, to return to the same job that he was employed in before his absence, as long as he (or she) expects to have the main responsibility (apart from any responsibility of the mother) for the child's upbringing.
Rights during Paternity Leave
You are entitled to the benefit of all your terms and conditions of employment and to return to the same job following paternity leave. You are also protected from dismissal or unfair treatment on grounds that you took or intended to take paternity leave.
How to Apply for Paternity Leave
You must complete an Application for Paternity Form (.doc) or Application for Paternity Leave (.pdf) and submit this to the University no later than the fifteenth week before the expected week of childbirth.
If you wish to change the commencement date of your Paternity Leave you must give the University at least 28 days notice of the new dates
If the baby is born sooner or later than expected please inform Human Resources as soon as reasonably practicable in order that your dates for Paternity Leave can be agreed.
Eligibility for Occupational Paternity Pay
In order to qualify for full normal pay during your Paternity Leave you must meet the following criteria:- be eligible for Paternity Leave (see above)
- have average weekly earnings at or above the lower earnings limit for National Insurance as at the fifteenth week before the EWC.