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
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Paternity Leave Policy
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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
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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
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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.
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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.
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
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.
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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.
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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.
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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.
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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
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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).
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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.
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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)
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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]
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