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Staff Paternity Leave and Pay Policy

Staff Paternity Leave and Pay Policy

Introduction
1. Purpose
This policy is intended to provide guidance on your statutory entitlement to paternity leave and pay.

Paternity leave
2. Entitlement
You will be entitled to paternity leave in accordance with this policy provided that you:

  • have been continuously employed by the College for 26 weeks at the beginning of the 15th week before the expected week of childbirth;
  • are either the father of the child or you are married to or the partner* of the child’s mother;
  • have or expect to have responsibility for the upbringing of the child; and
  • meet the notification requirements contained in the paragraph below.

*Partner in relation to a child’s mother or adopter means a person (whether of a different sex or the same sex) who lives with the mother or adopter and the child in an enduring family relationship but is not a relative of the mother or adopter.

3. Notification requirements
You must notify the College of your intention to take paternity leave no later than 15 weeks before the expected week of childbirth by completing the Paternity Leave Notification Form and handing it to the Director of Studies.

4. Commencement
Subject to the paragraph on timing and duration below, you may begin your paternity leave period on:

  • a date following a chosen number of days after the actual date of childbirth
  • a pre-determined date which is later than the first day of the expected week of childbirth
  • the actual date of childbirth. Where you choose to take your paternity leave on this date and you are at work on that date your paternity leave will begin on the following day.

5. Timing and duration
You are entitled to up to two weeks’ leave which may be taken as a one-week period or as two consecutive weeks. Leave can only be taken as whole weeks and must be taken within either 56 days of the actual date of childbirth or the first day of the expected week of childbirth whichever is the latest.

6. Variation
You may vary the date on which your period of leave will begin provided you notify the College in accordance with this paragraph. Where the new date will be the actual date of childbirth, you must notify the College at least 28 days before the first day of the expected week of childbirth. Where the variation of your leave period will begin on a date following a chosen number of days after the actual date of childbirth, you must notify the College at least 28 days before the date following the chosen number of days after the first day of the expected week of childbirth. Where the new date will be a pre-determined date you must notify the College at least 28 days before that day.

Paternity adoption leave (PAL)
7. Entitlement
You will be entitled to PAL in accordance with this policy
provided that you:

  • have been continuously employed by the College for 26 weeks at the end of the week in which the child’s adopter is notified of having been matched with a child;
  • are married to or the partner of the child’s adopter;
  • will have the main responsibility (apart from the responsibility of the adopter) for the upbringing of the child to be adopted; and
  • meet the notification requirements contained in the paragraph below.

8. Notification requirements
You must notify the College of your intention to take PAL within seven days of the adopter receiving notice of being matched with a child by completing the Paternity Leave (Adoption) Notification Form and handing it to the Director of Studies.

9. Commencement
Subject to paragraph on timing and duration below, you may begin your PAL on:

  • a date following a chosen number of days after the date the child is placed with the adopter
  • a pre-determined date which is later than the date on which the child is expected to be placed with the adopter
  • the actual date on which the child is placed with the adopter. Where you choose to take your leave on this date and you are at work on that date your PAL will begin on the following day.

10. Timing and duration
You are entitled to up to two weeks’ leave which may be taken as a one-week period or as two consecutive weeks. Leave can only be taken as whole weeks and must be taken within 56 days of the date on which the child is placed with the adopter.

11. Variation
You may vary the date on which your period of leave will begin provided you notify the College in accordance with this paragraph. Where the new date will be the actual date on which the child is placed with the adopter, you must notify the College at least 28 days before the child is due to be placed. Where the variation for your leave period will begin on a date following a chosen number of days after the date on which the child is placed with the adopter, you must notify the College at least 28 days before the date following the chosen number of days after the first day of the expected week of childbirth. Where the new date will be a pre-determined date you must notify the College at least 28 days before that day.

Return to work from paternity leave and PAL
12. Return to work
You will be employed in the same position upon your return to work from paternity leave or PAL that you occupied before your leave period began. You will be entitled to return with your seniority, pension rights and similar rights as if you had not been absent and on terms and conditions no less favourable than those which would have applied if you had not been absent.

Statutory Paternity Pay (SPP)
13. Entitlement
Subject to any other provision in this policy, you will be entitled to SPP provided you have been continuously employed by the College for 26 weeks at the start of the 15th week before the expected week of childbirth (or, if applicable, for 26 weeks ending with the week in which the adopter is notified of being matched with the child) and you are still in employment at the date the child is born/adopted and you make National Insurance contributions.

14. Commencement
Your entitlement to SPP will begin when you commence your paternity leave or PAL.

15. Duration
You will receive SPP for the length of your leave period i.e. for either one week or two weeks depending on the period of leave you have chosen.

16. Losing your entitlement
You will lose your entitlement to SPP if you commence working for another employer during your leave period whether on a part-time or full-time basis. You will not be entitled to SPP if you are in receipt of Statutory Sick Pay or if you have elected to receive Statutory Adoption Pay.

Birth of more than one child / adopting more than one child
17. Entitlement
Your entitlement to leave and SPP under this policy shall remain unchanged where more than one child is born or is expected to be born as a result of the same pregnancy or where more than one child is adopted as part of the same arrangement.

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