NHS FORTH VALLEY Paternity Leave Policy Date of First Issue 01 / 04 / 2007 Approved 01 / 04 / 2007 Current Issue Date 01 / 04 / 2015 Review Date 01 / 10 / 2015 Version V1.05 EQIA Yes 01 / 04 / 2008 Author / Contact Staff Governance Team, 01786 431184 Group Committee – Area Partnership Forum Final Approval This document can, on request, be made available in alternative formats Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 1 of 14 Management of Policies Procedure control sheet (Non clinical documents only) Name of document to be loaded Paternity Leave Policy Area to be added to NHSFV Intranet Policy Type of document Guidance Protocol Other (specify) 2 days 7 days 30 days X No X Internal only X X Immediate Priority Questions Yes Understanding Options External and Internal Where to be published Target audience NHSFV wide X Specific Area / service Consultation and Change Record – for ALL documents Contributing Authors: Staff Governance Team Consultation Process: NHSFV Partnership Fora Distribution: NHSFV Intranet Change Record Date Author Change Version 19/12/2008 APSG Policy revised following review process V1.00 06/01/2011 EH PODG template applied V1.01 23/11/2011 EH APF agreed Policy extended to 1/4/2012 V1.02 09/01/2014 LS Policy template updated and review date extended to 1/4/2014 V1.03 07/04/2014 LS Policy review date updated in line with the release of the Work Life Balance PIN Policy. V1.04 01/04/2015 LF Review date updated in line with the release of the new Work-Life Balance PIN Policy V1.05 Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 2 of 14 Contents Section 1. Policy statement 2. Adoption 3. Qualifying criteria 4. Payment 5. Notice of intention to take paternity leave 6. The contract of employment 7. Returning to work after paternity leave 8. Protection from detriment and dismissal 9. Pre-birth and pre-adoption leave 10. Special circumstances 11. Review of policy and procedure 12. Appendices Appendix 1: Appendix 2: Appendix 3: Appendix 4: Appendix 5: Version 1.05 Paternity Leave Application Form Inland Revenue forms SC3 and SC4 Legal Framework Glossary of Terms FAQ and further information st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 3 of 14 1. Policy Statement NHS Forth Valley recognises that fathers / partners have a need and desire to spend time at home during a period of family extension, be that the birth or adoption of a child. This policy is intended to be flexible in its application to meet the needs of the individual. Employees meeting the required qualifying criteria have a statutory entitlement to take up to 2 working weeks’ paternity leave within 8 weeks of the birth of a child or placement of a child for adoption. In support of this, the NHS Forth Valley paternity leave policy has been developed as a guide for managers and staff. 2. Adoption When a child is adopted, the employee, if they are the primary carer, will have access to leave under the NHS Forth Valley Adoption Leave Policy. However, the provisions for paternity leave will also be available to a parent who is not the primary care giver. Leave and pay will be available to the eligible employees when a child up to the age of 18 is newly placed for adoption. 3. Qualifying Criteria In general, employees will qualify for Statutory Paternity Leave (SPL) and Statutory Paternity Pay (SPP) if they have, or expect to have, responsibility for a child’s upbringing as: The biological father or the mother’s husband or partner (including same sex couples); The partner or spouse of an adopter; and who have: Worked continuously for NHS Forth Valley for 26 weeks leading into the 15th week before the expected date of confinement or have 26 weeks continuous service before the week in which notification of adoption is given. Employees who do not meet the above service criteria may request up to 10 days (2 working weeks) of unpaid paternity leave. A request for unpaid paternity leave should be made to the employee's manager using the attached paternity leave application form (Appendix 1). Employees not qualifying for paid paternity leave will be issued with a SPP1 form by payroll, and should take this to their benefits agency to assess what payment, if any, may be claimed. Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 4 of 4 14 Employees with one year or more of continuous NHS service leading into the 15th week before the expected date of confinement or adoption date are entitled under Agenda for Change provisions to 10 days (2 working weeks) Occupational Paternity Leave with pay. The purpose of the leave must be to care for the child or to support the mother, partner or primary care giver. 4. Payment Paternity Leave is for a period of one or two weeks which must be completed within 8 weeks of the child’s birth/adoption placement and must be taken in full blocks of either one or two working weeks and not as odd days. Payment of Statutory Paternity Pay (SPP) will either be the standard SPP rate or 90% of the employee’s weekly earnings if lower. Payment of Occupational Paternity Pay (OPP) will be at the rate of basic pay at the time of commencing paternity leave, and will not include an average of earnings over a preceding period. Where an employee is entitled to Occupational Paternity Pay (OPP), there is no additional entitlement to Statutory Paternity Pay, i.e. no more than basic full pay will be payable. Statutory Paternity Pay and Occupational Paternity Pay will be paid in the usual manner, i.e. by BACS transfer into their bank account. 5. Notice of Intention to take Paternity Leave Using the attached Paternity Leave Application form, staff must notify their manager of their intention to take paternity leave. This must be submitted at least 15 weeks before the child is due to be born or placed for adoption or as soon as reasonably practical and no later than 28 days before the due date. The employee will provide the following information: The week the baby is due to be born (the GP / midwife will issue a Mat B1 certificate from week 20 of pregnancy onwards. A copy of the Mat B1 must be shown to their line manager). When paternity leave is being requested in respect of an adopted child, the employee must provide a copy of the matching certificate, this being a certificate provided by the adoption agency confirming the planned date of placement. Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 5 of 5 14 The period of leave to be taken, i.e. either 1 or 2 consecutive weeks. The date from which leave will be taken e.g. on day of birth or placement, 1 week after the birth or placement. The manager and employee will mutually agree dates to take into account both the needs of the individual and the needs of the service. Once the baby is born, the employee must confirm the actual date of birth as soon as possible (by showing their line manager the original birth certificate). Employees must also complete a self-certificate (SC3) as evidence of their entitlement to Statutory Paternity Pay (SPP). See Appendix 2. The self-certificate must include a declaration that the employee meets certain eligibility conditions and provide the information specified above. The manager will then forward a copy of the form and photocopy of the documentary evidence to the Payroll department. NHS Forth Valley will respond in writing to confirm the dates of paternity leave within 28 days of the request. Should the dates for the employee's paternity leave change, for any reason, the manager should be notified at least 28 days in advance (where reasonably practical). If the employee does not give 28 days notice without good reason, for reasons of ensuring service provision, NHS Forth Valley may require to delay the start of paternity pay or SPP for a period up to the full 28 days. If the baby arrives earlier than expected, or in the case of adoption where there is a change to the planned placement date, the employee will retain their entitlement to paternity leave provided that 26 weeks continuous service has been completed leading into the 15th week before the expected date of birth/ child placed. 6. The Contract of Employment The contract of employment continues to apply during any period of paternity leave with exception to the normal terms referring to remuneration, i.e. either SPP or OPP will be paid. If the contract of employment ends after the baby has been born/adopted, the employee will still be entitled to SPP. However, if the employee commences work for another employer SPP will not be paid for any week worked with the new employer. Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 6 of 6 14 If the employee leaves employment prior to the birth of the child/placement for adoption there will be no entitlement to Statutory Paternity Pay (SPP). 7. Returning to work after Paternity Leave Employees are entitled to return to the same job following paternity leave. 8. Protection from detriment or dismissal Employees are protected from suffering unfair treatment or dismissal for taking, or seeking to take, paternity leave. 9. Pre-Birth and Pre-Adoption Leave Requests for time off to attend ante natal classes for example, will be considered in accordance with planned leave provisions. Requests for time off to deal with unplanned circumstances relating to pre-birth/pre-adoption will be considered in accordance with leave arrangements under NHS Forth Valley Special Leave provisions 10. Special Circumstances Still Births Employees qualifying for paternity leave will be entitled to the requested leave and pay provisions if their baby is still born after 24 weeks of pregnancy. Multiple births Paternity leave is paid per confinement. The number of babies born in each confinement has no bearing on entitlement. 11. Review of Policy and Procedure This policy and procedure has been updated as part of the harmonisation of staff terms and conditions within NHS Forth Valley in partnership with Board managers and staff representatives through a partnership working group. This policy will be formally reviewed in 3 years by the Area Policy Steering Group or as requested by the Area Partnership Forum/Staff Governance Committee. Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 7 of 7 14 12. Appendices Appendix 1 Paternity Leave Application Form This form must be submitted by the 15th week before the baby is due to be born or placed for adoption, or in exceptional circumstances, as early as is reasonably practical. Your Dates for Pay and Leave The baby is due to be born on / the child is due to be placed for adoption on : ______/_______/_______ dd / mm / yyyy (Copy of Maternity certificate (MatB1) or matching certificate must be seen by manager) If the baby has been born, please enter the actual day of birth: _______/_______/_______dd / mm / yyyy (Birth certificate must be seen by manager) I would like my paternity leave to start on: _______/_______/______dd / mm / yyyy I would like one/two* weeks off work (*please delete as appropriate) Your declaration Surname: _________________________ First name(s):_________________________ Address: __________________________________________ Home Tel: __________________________________________ Place of work and Tel:__________________________________________ Please tick whichever box applies to your circumstances: ο I have completed 12 months or more continuous service with the NHS leading into the 15th week before the baby is due and would like to claim full paternity pay. ο I have completed 26 weeks continuous service with the NHS leading into the 15th week before the baby is due and would like to claim statutory paternity pay. Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 8 of 8 14 ο I have less than 26 weeks continuous service and would like unpaid paternity leave. Signed: ________________________________Date:_____________________ Countersigned by Line manager: ______________Date:________________ Printed Name of Manager: ____________________ Please forward this completed form and copy of the MatB1 certificate or birth certificate / matching certificate and Form SC3 to the Payroll Department. Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 9 of 9 14 Appendix 2 Inland Revenue Self Certificate Form SC3 (SC4 for adoption) Form SC3/SC4 - Becoming a Parent/Paternity Leave is available from the following sources: Contact Staff Governance on 01786 431184 Contact payroll. Contact your Human Resources representative. Obtain from the Department of Work and Pensions. Download from the Department of Trade and Industry web page. Download from the HM Revenue & Customs web page, at the following link - http://www.hmrc.gov.uk/index.htm Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 1010 of 14 Appendix 3 Legal Framework NHS Forth Valley is governed by statutory obligations in relation to Paternity Leave and Pay entitlements and regulations. The Employment Rights Act 1999 This began the process by introducing enhanced maternity rights for employees, parental leave entitlement and a right to dependant leave in specified circumstances. These were all part of a move towards the objective of creating a more “family friendly”/”Work-life balance” working environment. The Employment Act 2002 This was implemented in stages. On April 6th 2003 a number of significant measures became active, including rights to paternity pay and leave which are available to employees whose children are expected to be born or are born, or adopted on or after 6th April 2003. NHS Contractual Rights Alternatively, staff may attract rights under the NHS provisions depending on their length of service (see section 3). Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 11 of 14 Appendix 4 GLOSSARY OF TERMS Statutory Paternity Leave (SPL) SPL is the entitlement to a maximum of 2 weeks paid leave available to qualifying employees to care for their baby or to support the mother following birth. Leave is paid or unpaid depending on length of service at the qualifying week. Statutory Paternity Pay (SPP) SPP is available to eligible employees with 26 weeks service leading into the qualifying week. Payment of SPP will either be the standard SPP rate set by the HM Revenue or 90% of the employee’s weekly earnings if the standard rate is lower. Occupational Paternity Pay (OPP) OPP is available to eligible employees with a year’s service leading into the qualifying week. OPP will be at the rate of basic pay at the time of commencing paternity leave, and will not include an average of earnings over a preceding period. Where an employee is entitled to OPP, there is no additional entitlement to Statutory Paternity Pay, i.e. no more than basic full pay will be payable. Qualifying week This refers to the length of service an employee has leading into the 15 th week before the expected date of childbirth/placement. Employees must have completed 26 weeks service leading into the 15th week prior to the expected week of childbirth to qualify for SPP or one year’s service leading into the 15th week prior to childbirth/placement to qualify for OPP. Matching Certificate This is a certificate held by the adoptive parents detailing the date of birth and date of placement/matching with the adoptive parents. Expected date of Matching/Placement This is the date the child is expected to be matched or placed with the adoptive parents and is considered in conjunction with the qualifying week and length of service in order to work out the entitlement to SPP/OPP. Expected week of child birth This is the week in which the child is expected to be born (between Sunday to Saturday) and is considered in conjunction with the qualifying week and length of service in order to work out the entitlement to SPP/OPP. Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 12 of 14 Appendix 5 FREQUENTLY ASKED QUESTIONS When do I need to give notice of my intention to take SPP or SPL? Notice to receive SPP must be given 28 days prior to the date which you wish to receive SPP. Notice must be given of the intention to take SPL 15 weeks prior to the expected week of child birth/placement. This notice can serve as notice for SPL and SPP. Does annual leave accrue whilst on Statutory Paternity leave? Yes annual leave continues to accrue whilst on SPL. What happens if I am ill during Paternity leave? SPP and SSP cannot be paid at the same time. SPP/SPL would be delayed, however must still be taken within the 56 days after child birth. Will taking Paternity Leave break my continuous service? No, service is considered as continuous for the purposes of contractual rights based on length of service. For example, Annual Leave and Pensionable service. Am I entitled to time off to attend ante-natal classes or other pre-birth appointments? There is no statutory entitlement to time off to attend ante-natal appointments (with the exception of pregnant employees), however, NHS Forth Valley will consider all circumstances under the appropriate provisions for planned leave. This could include annual leave or special leave, which may be paid or unpaid depending on the circumstances of the situation. Am I entitled to time off to deal with an emergency prior to or after Paternity Leave? NHS Forth Valley will consider all requirements for unplanned time off in line with the appropriate policy depending on the circumstances of the situation. This could include paid or unpaid time off for example, Special Leave, Parental leave or Annual Leave. FURTHER INFORMATION Further information is available from: Your Human Resources representative in NHS Forth Valley Department of work and pensions HM Revenue and Customs Links to other parent support organisations are available from the Department of Trade and Industry website. (www.dti.gov.uk) Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 13 of 14 Publications in Alternative Formats NHS Forth Valley is happy to consider requests for publications in other language or formats such as large print. To request another language for a patient, please contact 01786 434784. For other formats contact 01324 590886, text 07990 690605, fax 01324 590867 or e-mail - [email protected] Version 1.05 st 1 April 2015 UNCONTROLLED WHEN PRINTED Page 14 of 14
© Copyright 2024