Paternity leave: a guide

To qualify for University Paternity Leave or University Paternity Leave (after Adoption) an employee should have been continuously employed in the University's service for a minimum period of 12 months before the expected week of childbirth, or adoption of their child.

Employees who have been continuously employed in the University's service for less than 12 months before the expected week of childbirth may qualify for: Statutory Paternity Benefits.

Employees who have been continuously employed in the University';s service for less than 12 months before the date of adoption may be entitled to: Statutory Paternity Benefits (after Adoption)

University Paternity Leave (including after adoption)

Who is eligible for the University Paternity Leave?

All staff who have completed one year's continuous service with the University of Essex by the birth, or adoption of their child, are eligible for this leave.

In addition to having a years continuous service, he/she must be:

• the child's biological father, and has or is expecting to have, responsibility for the child's upbringing, OR
• the spouse or partner of the mother, and must have, or expect to have, the main responsibility for the child's upbringing, apart from the responsibility of the mother (same sex partners are eligible).

When can paternity leave be taken?

Paternity leave would normally be taken during the period commencing four weeks before the expected week of confinement (EWC) or date of adoption, and ending four weeks after the baby is born or date of adoption. This period can be taken as a 2 week block or can be split into 2 separate weeks, (pro rata for part-time staff) as agreed with the Head of Department/Section.

Requesting paternity leave

It is recognised that in many cases it will be difficult to predict exactly when the leave is required, but staff wishing to take Paternity Leave should inform their Head of Department/Section as soon as possible of the likely dates of their absence. If possible, firm applications for leave should be made at least 3 weeks before the expected date of childbirth, or adoption, although applications later than this will, of course, be considered. A form for requesting leave can be found in Appendix A, (or is available from Human Resources).

Extent of provision and University Paternity Pay

The University of Essex grants 2 weeks of leave, on full pay, (10 days for a full-time member of staff or an appropriate pro-rata entitlement for a part-time member of staff) to staff whose wife or partner is pregnant, or who plans to adopt a baby. Statutory Paternity Pay (SPP) is included in the University benefit, and is not additional.

Additional provision

Staff are also able to take periods of unpaid leave via the University's Parental Leave policy. (Details also available from Human Resources).

If you have any queries relating to the above, then please do not hesitate to contact Alan Charnock (ext 2163 or alanc (add @essex.ac.uk if external).

Statutory Paternity Benefits

Who is eligible for Statutory Paternity Benefits?

A member of staff who does not qualify for the University Paternity Leave may qualify for Statutory Paternity Leave instead if he/she:

• has at least 26 weeks' continuous service by the end of the 15th week before the expected week of childbirth (EWC);
• is the child's biological father, and has or is expecting to have, responsibility for the child's upbringing, or
• is the spouse or partner of the mother, and must have, or expect to have, the main responsibility for the child's upbringing, apart from the responsibility of the mother (same sex partners are eligible).

Period of leave

The following rules apply for the period of statutory paternity leave.

• Statutory paternity leave is for a maximum of two weeks.
• Employees can choose to take either one week or two consecutive weeks.
• The legislation does not make provision for the employee to take the leave over a number of non-consecutive days or weeks.
• If the employee elects to take only one week's leave, he or she may not take a further week's leave at a later stage.
• The leave may begin on any day of the week, which may include the day on which an employee's child is born or adopted.
• The length of statutory paternity leave is unaffected by multiple births or if more than one child is adopted as part of the same placement.
• Statutory paternity leave must be taken within 56 days of the birth of a child or, in the case of adoption, within eight weeks of the chil's placement.
• In the case of birth, if the baby is born prematurely the employee may take statutory paternity leave at any time from the actual date of birth up to the end of a period of eight weeks after the week the birth was expected.
• Where the baby is born late, the employee must delay the start of the leave until the baby is actually born.

Statutory Paternity Pay (SPP)

Statutory Paternity Pay (SPP) is paid by the University on behalf of the state. Currently, SPP is £128.73 [from April 2011], or 90% of average earnings if this is less than £128.73 per week.

Requesting statutory paternity leave

In order to take statutory paternity leave, after the birth of a child, an employee must notify the Head of Department/Section of his or her intention to take statutory paternity leave by the end of the 15th week before the mother's EWC, or as soon as is practicable thereafter. A form to request leave can be found in Appendix A.

When can Statutory Paternity Leave be taken?

Leave can start on any day of the week on or following the child's birth but must be completed:

• Within 56 days of the actual date of birth 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.

It is not possible for prospective fathers to take statutory paternity leave before the birth of a baby, e.g. for antenatal care.

Can the start date be varied?

If, having provided notification of his or her intention to take statutory paternity leave on a specified date, an employee wishes to change the start date, he or she must give the Head of Department/Section at least 28 days' notice as to the revised start date unless this is not reasonably practicable. Notice of the variation should be given as soon as possible, and should be in writing.

Statutory Paternity Benefits (after Adoption)

In order for an adoptive parent (who is not taking statutory adoption leave), or the partner of an adoptive parent to be entitled to take statutory paternity leave to care for an adopted child (adopted in the UK), he or she must:

• have at least 26 weeks'; continuous service by the end of the week in which he or she is formally informed by an approved adoption agency that he or she (or his or her partner) has been matched with a child for adoption
• be the joint adopter of the child or be married to, or the partner of, the adopter, and have, or expect to have, the main responsibility for the child's upbringing, apart from the responsibility of the adopter
• have formally informed their Head of Department/Section of his or her intention to take statutory paternity leave and provided documentary evidence supporting his or her right to take statutory paternity leave.

Slightly different rules apply if the child is being adopted from overseas. In this case, the adoptive parent must have at least 26 weeks' continuous service and this must:

• end with the week in which the adoptive parent receives notification from the relevant domestic authority, or
• commence with the week in which the adoptive parent's employment began.

The latter criteria takes into account the fact that notification of the placement may have been obtained some time before the child enters the UK and the employee may have changed employers during that time.

Period of leave (after adoption)

Please see information above under Statutory Paternity Benefits

Statutory Paternity Pay (after adoption)

Please see information above under Statutory Paternity Pay

Requesting leave (after adoption)

In order to take Statutory Paternity Leave after the adoption of a child in the UK, the employee must notify their Head of Department/Section of his or her intention to take statutory paternity leave no later than seven days after the date on which notification was received from the adoption agency of the match with the child. A form to request leave is in Appendix A.

Additional Provision

Staff are also able to take periods of unpaid leave via the University's Parental Leave policy (details also available from Human Resources).

If you have any queries relating to the above, then please do not hesitate to contact your link HR Officer.

Appendix A: Forms

Paternity leave after childbirth

A pro forma (.rtf) for a member of staff making a formal request for paid Paternity Leave can be downloaded, and is also available from Human Resources. The form should be completed and given to the Head of Department/Section with a copy to Human Resources.

Those applying for leave should also submit a copy of the maternity certificate (MATB1) to verify the requirement for leave.

Paternity leave after adoption

A pro forma (.rtf) for a member of staff making a formal request for paid Paternity Leave (after Adoption) can be downloaded, and is also available from Human Resources. The form should be completed and given to the Head of Department/Section with a copy to Human Resources.

Those applying for leave should also submit a copy of the matching certificate to verify the requirement for leave.

Human Resources Section
Updated January 2011

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