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DC118-Paternity Leave Policy

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Paternity Leave Policy

1. Introduction

At {{org_field_name}}, we are committed to supporting our employees in balancing work and family responsibilities. Our Paternity Leave Policy provides clear guidance on eligibility, entitlements, and procedures for employees wishing to take paternity leave. We recognise the importance of this time for bonding with a new child and supporting partners, whether through birth, adoption, or surrogacy.

This policy ensures that paternity leave is managed fairly, lawfully and efficiently while maintaining safe continuity of care for people using our domiciliary care services. It reflects current statutory requirements for England, including the Employment Rights Act 1996, the Paternity and Adoption Leave Regulations 2002, the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002, the Employment Rights Act 2025 and related 2026 amendments, and relevant GOV.UK and Acas guidance. It also supports compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including safe staffing, good governance, dignity, equality, and continuity of care.

2. Purpose and Scope

The purpose of this policy is to:

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, permanent and fixed-term employees, regardless of gender identity, who are seeking time off in connection with the birth, adoption or surrogacy arrangement of a child. Statutory Paternity Leave is available from the first day of employment where the employee meets the relationship and purpose conditions. Statutory Paternity Pay has separate qualifying conditions relating to continuous employment, payroll status, earnings and notice.

3. Definitions

For the purposes of this policy:

4. Eligibility for Paternity Leave

To qualify for Statutory Paternity Leave, an employee must:

  1. be employed by {{org_field_name}} under a contract of employment;
  2. be taking leave in connection with the birth, adoption or surrogacy arrangement of a child;
  3. be one of the following: the child’s father, the husband, civil partner or partner of the mother or adopter, the child’s adopter, the partner of the adopter, or an intended parent in a surrogacy arrangement;
  4. expect to have responsibility for the child’s upbringing, where required by the statutory rules;
  5. be taking the leave to care for the child or support the child’s mother, adopter or other eligible parent; and
  6. give the required statutory notice.

Statutory Paternity Leave is available from the first day of employment, provided the employee meets the relationship, purpose and notice requirements.

Eligibility for Statutory Paternity Pay is separate from eligibility for Statutory Paternity Leave. To qualify for Statutory Paternity Pay, the employee must meet the statutory pay conditions, including payroll status, earnings, notice and continuous employment requirements.

4.1 Eligibility for Statutory Paternity Pay

An employee may qualify for Statutory Paternity Pay if they:

  1. meet the relationship and purpose conditions for paternity leave;
  2. are employed by {{org_field_name}} up to the date the child is born or placed for adoption, where required by the statutory rules;
  3. are on the payroll;
  4. earn at least the Lower Earnings Limit in the statutory relevant period;
  5. have the required continuous employment for Statutory Paternity Pay; and
  6. give the correct notice.

For the 2026/2027 tax year, the Lower Earnings Limit is £129 per week and Statutory Paternity Pay is £194.32 per week or 90% of the employee’s average weekly earnings, whichever is lower. These rates usually change each tax year and HR must check the current GOV.UK rates before confirming payment.

If an employee qualifies for Statutory Paternity Leave but does not qualify for Statutory Paternity Pay, the leave will normally be unpaid unless {{org_field_name}} agrees a contractual or discretionary payment.

5. Entitlement to Paternity Leave

Eligible employees may take either one week or two weeks of Statutory Paternity Leave. If an employee takes two weeks, the weeks may be taken either:

  1. as two consecutive weeks; or
  2. as two separate blocks of one week.

Paternity leave must be taken in blocks of one whole week and cannot be taken as individual days.

For birth and surrogacy cases, paternity leave cannot start before the child is born and must finish within 52 weeks of the child’s birth or, if the baby is born early, within 52 weeks of the expected week of childbirth.

For adoption cases, paternity leave must usually be taken within 52 weeks of the child’s placement or, for overseas adoption, within 52 weeks of the child’s arrival in Great Britain.

The entitlement is the same even if more than one child is born or placed as part of the same pregnancy or adoption arrangement.

Statutory Paternity Pay (SPP):

Eligible employees will receive Statutory Paternity Pay at the statutory rate in force at the time the leave is taken, or 90% of their average weekly earnings, whichever is lower. For the 2026/2027 tax year, the statutory weekly rate is £194.32 and the Lower Earnings Limit is £129 per week. Tax and National Insurance deductions will be made as required. Because statutory rates normally change each tax year, HR will check the current GOV.UK rates before confirming pay.

6. Application Process

Employees should notify their line manager and HR as early as possible so that safe care cover can be planned. Statutory notice requirements must also be met.

Birth and surrogacy cases

The employee must usually tell HR the expected week of childbirth at least 15 weeks before the baby is expected. The employee must also tell HR when they want their paternity leave to start and whether they wish to take one week or two weeks’ leave at least 28 days before the intended start date.

From 18 February 2026 to 25 July 2026, transitional notice rules apply for some employees who become eligible for paternity leave as a day-one right. Where these transitional rules may apply, HR will check the current GOV.UK guidance before confirming entitlement.

Adoption cases

For UK adoption, the employee should normally notify HR within 7 days of the date on which the adopter or partner is notified of having been matched with the child. If the employee wishes to take the second week as a separate block, they must give at least 28 days’ notice before the second week starts. For overseas adoption, HR must check the specific statutory notice rules.

Information to be provided

The employee must provide the expected week of childbirth, date of birth if known, matching or placement date if applicable, intended leave start date, whether they wish to take one or two weeks, and whether the leave will be taken as one continuous block or two separate one-week blocks.

Forms and declarations

Employees may use the relevant GOV.UK online paternity leave and pay form, or any internal {{org_field_name}} form that captures the required statutory declarations. The previous SC3 and SC4 terminology has been replaced by GOV.UK online forms, although older references may still be recognised in some guidance.

Confirmation

HR will confirm leave dates and any pay entitlement in writing. If Statutory Paternity Pay is refused, HR will provide written reasons within the required statutory timescale and will use the appropriate SPP1 process where applicable.

7. Timing and Flexibility of Leave

Paternity leave may start:

  1. on the date the child is born or placed for adoption;
  2. a specified number of days after the birth or placement; or
  3. on a pre-agreed date after the birth or placement.

For birth and surrogacy cases, leave cannot start before the child is born. For adoption cases, leave may start on the date of placement, an agreed number of days after placement, or, for overseas adoption, when the child arrives in Great Britain or an agreed number of days after arrival.

Leave must be taken in whole-week blocks. If two weeks are taken, they may be taken together or as two separate one-week blocks. Leave must normally be completed within 52 weeks of the birth, expected week of childbirth if the baby is early, placement, or overseas adoption arrival date.

If the baby is born earlier than expected, the adoption placement date changes, or the employee wishes to change their planned dates, the employee must notify HR as soon as reasonably practicable. HR will consider the request in line with statutory requirements and the need to maintain safe staffing for people using the service.

8. Rights During Paternity Leave

Employees retain the following rights during paternity leave:

  1. Continuous Employment:
    • Paternity leave counts as continuous service. Employment rights, including annual leave entitlement, continue to accrue.
  2. Annual Leave Accrual:
    • Annual leave will continue to accrue during paternity leave. Employees are encouraged to discuss how to manage leave entitlements before and after their paternity leave.
  3. Pension Contributions:
    • Pension contributions during paid paternity leave will be handled in accordance with the rules of the relevant pension scheme and statutory requirements. Employee contributions will normally be based on the pay actually received, unless the pension scheme or contract provides otherwise.
  4. Protection from Discrimination:
    • Employees will not be treated unfairly, dismissed, or subjected to detriment for taking or requesting paternity leave.

Employees must not be dismissed, selected for redundancy, subjected to detriment, treated less favourably, or disadvantaged because they have requested, taken, or sought to take paternity leave or Statutory Paternity Pay. Employment rights, including holiday accrual and the right to return to work, are protected during paternity leave. GOV.UK confirms that employment rights such as pay rises, holiday accrual and return-to-work rights are protected during paternity leave.

9. Returning to Work

Employees are normally entitled to return to the same role following paternity leave. Because paternity leave is taken in short whole-week blocks, the expected return date will usually be confirmed before leave starts.

Employees are encouraged to contact HR or their line manager before returning if their circumstances have changed or if they need support on return. A return-to-work discussion may be arranged where appropriate, particularly where the employee has experienced bereavement, neonatal care, family illness, or other significant circumstances.

Any request for flexible working after paternity leave will be considered under the Flexible Working Policy and in line with statutory requirements, service-user needs, safe staffing and continuity of care.

10. Shared Parental Leave and Other Family Leave

Shared Parental Leave is a separate statutory entitlement that may allow eligible parents to share leave and pay where the mother or adopter curtails maternity or adoption leave and both parents meet the statutory eligibility criteria.

Paternity leave is not converted into Shared Parental Leave. Employees who may be eligible for Shared Parental Leave should refer to the Shared Parental Leave Policy and contact HR as early as possible.

HR will check the current statutory rules where an employee wishes to combine paternity leave with Shared Parental Leave, adoption leave, neonatal care leave, parental bereavement leave or any other family-related leave.

10.1 Neonatal Care Leave and Pay

Where an employee’s baby requires neonatal care, the employee may be entitled to Statutory Neonatal Care Leave and, if eligible, Statutory Neonatal Care Pay.

Neonatal care means care for a newborn baby that starts within the first 28 days after birth and may include hospital care, certain medical care after leaving hospital, or palliative or end-of-life care. The baby must usually spend at least 7 consecutive days in neonatal care.

Statutory Neonatal Care Leave is a day-one right for eligible employees and may provide up to 12 weeks’ leave, depending on how long the baby spends in neonatal care. It is separate from paternity leave and may be taken in addition to paternity leave, subject to the statutory rules.

Employees should notify HR as soon as reasonably practicable if their baby is receiving neonatal care so that HR can explain the relevant entitlements, notice requirements, pay rules, and support available.

10.2 Bereavement, Stillbirth and Death of a Baby

{{org_field_name}} recognises that stillbirth, neonatal death, or the death of a child is a deeply distressing event. Employees will be treated with compassion, sensitivity and confidentiality.

An employee may still qualify for paternity leave and pay if the baby is stillborn after 24 weeks of pregnancy or is born alive at any stage and later dies. The employee may also be entitled to Parental Bereavement Leave and Statutory Parental Bereavement Pay, depending on the circumstances.

Where the child’s mother, adopter or primary adopter dies, the employee may have additional rights, including bereaved partner’s paternity leave. HR must check the current statutory rules and obtain advice where needed before confirming entitlement.

Managers must not require unnecessary details from the employee and must signpost the employee to bereavement support, the Employee Assistance Programme where available, and any relevant family leave or compassionate leave policies.

11. Managing Paternity Leave Safely in Domiciliary Care

{{org_field_name}} will manage paternity leave in a way that respects employees’ statutory rights while maintaining safe, reliable and person-centred care for service users.

Staffing and rota planning

Line managers must plan cover as soon as they are notified of intended paternity leave. Cover arrangements must consider service-user needs, call times, travel time, staff skills, continuity of care, risk assessments, medication support, moving and handling requirements, safeguarding concerns, and any preferences or communication needs recorded in the person’s care plan.

Safe staffing

Managers must ensure that sufficient numbers of suitably qualified, competent, skilled and experienced staff are deployed during the employee’s absence. Cover must not be arranged in a way that creates unsafe workloads, missed or late calls, poor continuity, or staff working outside their competence.

Handover

Before paternity leave starts, the employee and line manager must ensure that relevant care information is handed over securely and appropriately, including changes in service-user need, known risks, medication arrangements, key contacts, and any time-critical care tasks.

Communication with service users

Service users and, where appropriate, their representatives will be informed of any temporary changes to care staff or visit arrangements where this affects them. Information shared must be limited to what is necessary and must respect the employee’s confidentiality.

Records and governance

Managers must record how care cover has been arranged and escalate any risk to safe staffing, missed calls, continuity of care, or service-user wellbeing. Any incident, complaint, missed visit, safeguarding concern or quality issue arising during the absence must be managed under the relevant policy and reviewed for learning.

12. Additional Support and Resources

{{org_field_name}} recognises that becoming a parent is a significant life event. We offer additional support to employees during this time, including:

  1. Employee Assistance Programme (EAP): Access to counselling, parenting resources, and well-being support.
  2. Parental Coaching: Optional coaching sessions to help employees balance work and family responsibilities.
  3. Flexible Working: Upon returning, employees may request flexible work arrangements under the Flexible Working Policy.
  4. Health and Well-Being: Support for mental and physical well-being, including signposting to external resources.
  5. Additional family leave advice: HR will signpost employees to relevant policies where applicable, including Shared Parental Leave, Adoption Leave, Neonatal Care Leave, Parental Bereavement Leave, Compassionate Leave, Time Off for Dependants and Flexible Working.
  6. Confidentiality and sensitivity: Managers must handle paternity, adoption, surrogacy, neonatal care and bereavement-related information sensitively and confidentially. Information must only be shared where necessary for HR administration, payroll, safe staffing, or continuity of care.

13. Monitoring, Records, Review and Compliance

HR will monitor paternity leave requests, approvals, refusals, pay decisions, return-to-work outcomes, flexible working requests, and any issues affecting equality, fairness, safe staffing or continuity of care.

Records relating to Statutory Paternity Pay will be kept in line with HMRC requirements. These records will include the date Statutory Paternity Pay started, payments made and dates of payment, any payments reclaimed, any weeks not paid and the reason, and adoption evidence where applicable. Statutory Paternity Pay records must be kept for at least 3 years from the end of the tax year to which they relate.

This policy will be reviewed at least annually and sooner where there are changes to employment law, GOV.UK guidance, Acas guidance, CQC requirements, HMRC rates, or operational risks affecting domiciliary care staffing.

Any breach of this policy will be managed under the appropriate organisational procedure. Employees will not be penalised for exercising statutory paternity leave, pay or related family leave rights.

14. Data Protection and Confidentiality

Information relating to pregnancy, birth, adoption, surrogacy, neonatal care, bereavement, family circumstances, pay and leave will be handled confidentially and in accordance with UK GDPR, the Data Protection Act 2018 and {{org_field_name}}’s Data Protection and Confidentiality policies.

Information will only be shared with those who need it for HR administration, payroll, rota planning, safe staffing, continuity of care, legal compliance or management support. Service users must not be told personal details about an employee’s family circumstances unless the employee has agreed or there is another lawful reason to do so.

15. Complaints and Grievances

Employees who feel they have been treated unfairly regarding paternity leave can raise their concerns through the company’s Grievance Procedure. HR will investigate all complaints promptly and impartially.

Concerns relating to discrimination, detriment, refusal of statutory leave or pay, confidentiality, harassment, victimisation, or unfair treatment linked to paternity leave will be taken seriously and investigated promptly. Employees may also seek guidance from Acas or an appropriate external adviser.

16. Equality, Inclusion and Non-Discrimination

{{org_field_name}} will apply this policy fairly and consistently, regardless of sex, sexual orientation, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, disability, age or any other protected characteristic.

Paternity leave may be requested by eligible employees in different family circumstances, including same-sex couples, adoptive parents and intended parents in surrogacy arrangements. Managers must use inclusive language and must not make assumptions about family roles, gender identity, caring responsibilities or eligibility.

Any request for reasonable adjustments connected with disability, communication needs, mental health, bereavement or family circumstances will be considered sensitively and in line with the Equality Act 2010 and organisational policy.

17. Review and Approval

This policy will be reviewed annually by HR, the Registered Manager and the Senior Management Team. It will also be reviewed sooner if there are changes to paternity leave or pay legislation, statutory pay rates, GOV.UK guidance, Acas guidance, CQC requirements, HMRC requirements, or operational risks affecting safe staffing and continuity of care.

The Registered Manager is responsible for ensuring that this policy is implemented in a way that supports safe staffing, good governance, equality, confidentiality and continuity of care for people using the service.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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