Version: 1.0
Reviewed date: 2018
Next review: 2023
Owner: HR Policy Team
Paternity/Partner leave
Congratulations and we wish you all the best for this next chapter.
The University’s paternity/partner leave incorporates all relevant legislation and statutory entitlement with regard to paternity leave and pay.
This procedure applies to all eligible employees of the University. All our policies to support Parents and Carers apply equally to all staff, including those in same sex relationships.
The term ‘partner’ is used by the University in addition to ‘paternity leave’ to recognise that any employee who is the partner of an expectant mother, or a child’s adopter, is entitled to leave under this policy.
If required please seek advice and further details from your Human Resources contact.
The University reserves the right to revise these procedures and guidance. Consequently, these arrangements must be kept flexible to adapt and are not contractual.
You do not need any qualifying service to receive University Paternity/Partner Pay.
However, if you are applying for University Paternity/Partner leave and pay (after a birth) you must:
- be an employee of the University and
- have, or expect to have, responsibility for the child’s upbringing and
- be the biological father of the child or the mother’s husband or partner
- give the correct notice
if you are applying for University Paternity/Partner leave and pay (after an adoption) you must:
- be an employee of the University and
- have, or expect to have, responsibility for the child’s upbringing and
- be the joint adopter of the child or be the adopter’s husband or partner
- give the correct notice
Legally there is no distinction between stillbirths after a pregnancy lasting into the 25th week and live births.
Resource:
Cornwall Council have re-launched their Dadpad, a resource for supporting parents.
Leave
Paternity leave is up to six weeks' leave1. If you are part time then the leave will be pro-rated.
Paternity/partner leave can only be taken from the date of the child’s birth/placement. It cannot start before the birth.
For babies with a due date and babies and children placed before 6 April 2024
- Two of the six weeks have to be taken in one block as per statutory requirements. These two weeks leave must be completed by day 56 after the birth or placement of the baby/child (or due date if the baby is early).
- The other four weeks can be taken in the first six months after the child’s birth/placement. This leave can be taken in blocks (a minimum of 1 week). All leave must be completed by six months after the birth/placement.
Please note that an employee cannot take paternity/partner leave once a period of ShPL has commenced. You are therefore advised to take all your paternity leave before a period of ShPL.
Pay
If you qualify for University paternity/partner leave you will be eligible for up to six weeks paid leave. You will receive your normal weekly pay for all weeks of paternity/partner leave, which will include your Statutory Paternity Pay (SPP) entitlement (depending on eligibility).
If your average weekly wage is below the Lower Earnings Limit (LEL) you do not qualify for SPP. You may be able to get universal credit while on paternity/partner leave - further information is available from your local Jobcentre Plus office.
Fixed term contracts/contract end date
If you are employed on a fixed term contract or your employment ends during your paternity/partner leave, your employment and payment of University paternity/partner pay (UPP) will end on the expiry date of the fixed term contract or end date of the contract, although Statutory Paternity Pay (SPP) will continue to be paid, if eligible.
[1] For simplicity we have referred to weeks but to mirror other leave it will be converted to hours (5 days = 36.5 hours)
Leave
Paternity leave is up to six weeks' leave1. If you are part time then the leave will be pro-rated.
Paternity/partner leave can only be taken from the date of the child’s birth/placement. It cannot start before the birth.
For babies with a due date and babies and children placed on or after the 6 April 2024
-
All 6 weeks must be taken within 52 weeks of the child’s birth/placement (or due date if the baby is born early). This leave can be taken in blocks (a minimum of 1 week).
Please note that an employee cannot take paternity/partner leave once a period of ShPL has commenced. You are therefore advised to take all your paternity leave before a period of ShPL.
Pay
If you qualify for University paternity/partner leave you will be eligible for up to six weeks paid leave. You will receive your normal weekly pay for all weeks of paternity/partner leave, which will include your Statutory Paternity Pay (SPP) entitlement (depending on eligibility).
If your average weekly wage is below the Lower Earnings Limit (LEL) you do not qualify for SPP. You may be able to get universal credit while on paternity/partner leave - further information is available from your local Jobcentre Plus office.
Fixed term contracts/contract end date
If you are employed on a fixed term contract or your employment ends during your paternity/partner leave, your employment and payment of University paternity/partner pay (UPP) will end on the expiry date of the fixed term contract or end date of the contract, although Statutory Paternity Pay (SPP) will continue to be paid, if eligible.
[1] For simplicity we have referred to weeks but to mirror other leave it will be converted to hours (5 days = 36.5 hours)
Employees whose partner is having a baby or are the intended parents in a surrogacy will be allowed paid time off to accompany a pregnant woman to up to 2 antenatal/adoption appointments. This is a right from the first day of employment.
Please try, whenever possible, to arrange appointments at times which cause the minimum disruption to work or other work colleagues. If your manager or supervisor requests it, you should provide a certificate confirming your partner’s pregnancy, appointment card, or some other documentary evidence.
To qualify for paid paternity/partner leave you must meet the eligibility requirements and you must:
- inform your line manager/Head of Department in writing (this can be email) and send a copy to Human Resources, by the 15th week before the expected week of childbirth (eg by the time your partner is approximately 25 weeks' pregnant) or no later than seven days after the date on which notification was received from the adoption agency of the match with the child
- complete form PD76 at least 28 days before you want your paternity/partner pay to start.
- inform human resources when the baby has been born or, in the case of adoption, when the child’s placement has commenced for your entitlement to SPP to begin. Please note that you cannot start your paternity/partner leave before your child is born or placed with you.
- attach a copy of the matching certificate (adoption)
You will be able to change your mind about the date you want your leave to start, providing you inform human resources in writing (email), at least 28 days in advance (where reasonably possible). If your start date changes as your baby has not been born please liaise with HR and your manager.