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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Paternity Leave Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} provides fair, consistent, and legally compliant paternity leave and pay to eligible employees. This policy is designed to support employees who are becoming parents, ensuring they have time to bond with their child, support their partner, and manage family commitments without financial hardship.

This policy ensures:

• Compliance with CQC regulations, employment law, and statutory paternity entitlements.
• That paternity leave is managed efficiently with minimal disruption to care home operations.
• Employees receive clear guidance on their entitlements, application process, and pay.
• Effective workforce planning is maintained to ensure continuity of care for people we support.

2. Scope

This policy applies to:

• All eligible employees, including full-time and part-time staff.
• Line managers and HR teams, responsible for managing paternity leave requests and ensuring compliance.
• Senior management, responsible for workforce planning during leave periods.

3. Legal and Regulatory Compliance

This policy will be applied in accordance with current employment legislation and the regulatory requirements relevant to the operation of the care service.

CQC and Health and Social Care Regulatory Requirements

The following provisions of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 are relevant to the management of staffing and workforce arrangements during periods of Paternity Leave:

• Regulation 17 – Good Governance: {{org_field_name}} must operate effective systems and processes to assess, monitor and improve the quality and safety of the service, manage risks, and maintain accurate and secure records relating to staff and the management of the regulated activity.
• Regulation 18 – Staffing: {{org_field_name}} must ensure that sufficient numbers of suitably qualified, competent, skilled and experienced staff are deployed at all times to meet the needs of people using the service and the requirements of the Regulations.

Paternity Leave must therefore be managed in a way that respects employees’ statutory employment rights while ensuring that safe and sufficient staffing arrangements remain in place for people using the service.

Employment Legislation

This policy will be applied in accordance with relevant legislation, including:

• the Employment Rights Act 1996, as amended;
• the Employment Rights Act 2025;
• the Paternity and Adoption Leave Regulations 2002, as amended;
• the Paternity Leave (Amendment) Regulations 2024;
• the Social Security Contributions and Benefits Act 1992 and associated regulations governing Statutory Paternity Pay;
• the Equality Act 2010;
• the Shared Parental Leave Regulations 2014 and associated statutory pay provisions; and
• the Bereaved Partner’s Paternity Leave Regulations 2026.

{{org_field_name}} will not subject an employee to unlawful discrimination, detriment or dismissal because they have exercised, sought to exercise, or proposed to exercise a statutory right to Paternity Leave or another relevant statutory family-leave entitlement.

4. Paternity Leave Entitlement

4.1 Who is Eligible for Paternity Leave?

Statutory Paternity Leave is a day-one employment right. There is no minimum period of continuous employment required to qualify for Paternity Leave.

To qualify, the individual must be an employee and must satisfy the applicable statutory conditions. Depending on the circumstances, an eligible employee may be:

• the child’s biological father;
• the spouse or partner of the child’s mother;
• the spouse or partner of the child’s adopter;
• an eligible adopter; or
• an intended parent in a qualifying surrogacy arrangement.

The employee must have, or expect to have, responsibility for the child’s upbringing and must be taking the leave for the purpose permitted by legislation, including caring for the child or supporting the child’s mother, adopter or other relevant parent.

The employee must also provide the statutory notice, information and declarations applicable to their circumstances.

The qualifying conditions for Statutory Paternity Pay are different from those for Paternity Leave. An employee may therefore qualify for Paternity Leave without qualifying for Statutory Paternity Pay. The pay requirements are set out in Section 5.

4.2 Duration and Timing of Paternity Leave

An eligible employee may take up to two weeks of Statutory Paternity Leave.

The employee may choose to take:

• one week of Paternity Leave;
• two consecutive weeks of Paternity Leave; or
• two separate periods of one week each.

A statutory week of Paternity Leave corresponds to the employee’s normal working week. The entitlement does not increase where more than one child is born as a result of the same pregnancy.

For a birth, Paternity Leave cannot begin before the child is born. Subject to the statutory rules, the leave must normally be completed within 52 weeks of the child’s birth or, where the child is born before the expected date, within the applicable 52-week statutory period calculated by reference to the expected date.

For a UK adoption, Paternity Leave may start on the date of placement or on a later date permitted by legislation and must be completed within the applicable 52-week statutory period.

Different statutory timing provisions apply to overseas adoptions and qualifying surrogacy arrangements. HR will apply the statutory rules appropriate to the individual circumstances.

4.3 Notification Requirements

Employees must give {{org_field_name}} the statutory information and notice applicable to their circumstances.

Birth

For a birth, the employee must normally notify {{org_field_name}} of the expected week of childbirth at least 15 weeks before the beginning of that week.

The employee must also normally give at least 28 days’ notice before each period of Paternity Leave they wish to take, specifying:

• when the period of leave is to begin; and
• whether the period will be one week or, where applicable, two consecutive weeks.

Where an employee wishes to take the entitlement as two separate one-week periods, the required notice must be given for each period in accordance with the statutory rules.

The employee must provide the declarations required by law confirming their eligibility and the statutory purpose for which the leave will be taken.

UK Adoption

For a UK adoption, an employee must normally notify {{org_field_name}} within seven days of the date on which the employee or their partner is notified that they have been matched with a child, or as soon as reasonably practicable where this is not possible.

The employee must provide the information and declarations required by legislation, including the relevant matching and expected placement information.

Where the employee intends to take the entitlement as two separate one-week periods, the statutory notice requirements applicable to the second period must also be satisfied.

Overseas Adoption and Surrogacy

Different notification and evidence requirements apply to overseas adoption and qualifying surrogacy arrangements. Employees in these circumstances should inform HR as soon as reasonably practicable so that the correct statutory process can be followed.

{{org_field_name}} may require employees to complete its Paternity Leave Request Form to assist with administration and workforce planning. Any organisational form will be administered consistently with the employee’s statutory rights and will not be used to reduce or remove a statutory entitlement.

Where legislation permits late notification because it was not reasonably practicable for the employee to provide notice within the usual period, {{org_field_name}} will apply the relevant statutory exception.

5. Paternity Pay Entitlement

5.1 Statutory Paternity Pay

An employee may qualify for Statutory Paternity Pay even though the eligibility rules for pay are different from the day-one entitlement to Paternity Leave.

To qualify for Statutory Paternity Pay, the employee must satisfy the statutory conditions applicable to their circumstances, including:

• remaining employed by {{org_field_name}} up to the relevant statutory date;
• having been continuously employed by {{org_field_name}} for at least 26 weeks up to the end of any day in the applicable qualifying week;
• having average weekly earnings of at least £129 per week before tax for the purposes of the 2026/27 statutory earnings threshold;
• providing the required notice and declarations; and
• meeting the other statutory eligibility requirements applicable to the birth, adoption or surrogacy arrangement.

For the 2026/27 tax year, Statutory Paternity Pay is payable at:

• £194.32 per week; or
• 90% of the employee’s average weekly earnings,

whichever is lower.

Statutory Paternity Pay is payable for up to two weeks where the employee qualifies. Where Paternity Leave is taken as two separate one-week periods, Statutory Paternity Pay may also be payable in respect of those separate periods, provided the statutory conditions are satisfied.

Statutory rates and earnings thresholds are normally reviewed annually. {{org_field_name}} will apply the statutory rate and earnings threshold in force at the relevant time rather than relying on an outdated rate stated in this policy.

5.2. Occupational Paternity Pay (Enhanced Pay, if applicable)

Where {{org_field_name}} offers enhanced paternity pay:

• Employees with at least 12 months’ continuous service may receive:
  • Full pay for the first week of paternity leave.
  • SPP for the second week (or enhanced terms subject to contract).

5.3. Tax and Deductions

• SPP is subject to tax and National Insurance deductions.
• Pensions and other benefits remain unchanged during paid paternity leave.

6. Shared Parental Leave Option

Eligible parents may be able to use Shared Parental Leave and Statutory Shared Parental Pay in accordance with the applicable statutory eligibility, notice and curtailment requirements.

Shared Parental Leave may become available where the mother or primary adopter brings their Maternity Leave, Adoption Leave, Maternity Pay, Maternity Allowance or Adoption Pay period to an end in accordance with the statutory rules and both parents satisfy the relevant eligibility requirements.

Eligible employees may take Shared Parental Leave in continuous or discontinuous periods subject to the statutory notice requirements and the rules governing requests for discontinuous leave.

An employee must normally give at least eight weeks’ notice of a period of Shared Parental Leave.

From 6 April 2026, taking Shared Parental Leave and Pay does not prevent an otherwise eligible employee from subsequently taking their remaining statutory Paternity Leave and Pay. Paternity Leave and Pay may therefore be taken before or after Shared Parental Leave and Pay, provided all applicable statutory conditions and time limits are met.

Employees considering Shared Parental Leave should contact HR and refer to {{org_field_name}}’s relevant Maternity, Adoption, Shared Parental and Parental Leave arrangements.

6.1 Bereaved Partner’s Paternity Leave

Bereaved Partner’s Paternity Leave is a statutory entitlement available in qualifying circumstances where the child’s mother, main adopter or main intended parent dies on or after 6 April 2026.

It is a day-one employment right. An eligible employee does not need to have completed a minimum period of continuous service and there is no minimum earnings requirement for the leave itself.

An employee may qualify where they are:

• the child’s father;
• the spouse or partner of the child’s mother;
• the spouse or partner of the child’s main adopter; or
• the spouse or partner of the main intended parent in a qualifying surrogacy arrangement,

and the other statutory eligibility conditions are satisfied.

The employee must have the main caring responsibility for the child and must take the leave for the purpose of caring for the child.

Depending on when the bereavement occurs, an eligible employee may take up to 52 weeks of Bereaved Partner’s Paternity Leave. The leave must normally be taken as one continuous period and must finish within the statutory period linked to the child’s first birthday, the first anniversary of an adoption placement, or the first anniversary of the child’s arrival in Great Britain following an overseas adoption.

Where the death occurs less than 14 days before the child’s first birthday or the relevant first anniversary of adoption, the employee may be entitled to take up to two weeks of leave extending beyond that anniversary, subject to the statutory rules.

Bereaved Partner’s Paternity Leave is unpaid under the statutory scheme. Any contractual payment offered by {{org_field_name}} in these circumstances will be separate from the statutory entitlement.

The amount of notice required depends on when the employee intends to begin the leave:

• where leave begins within the first eight weeks following the death, the employee must notify {{org_field_name}} before they would otherwise be due to start work on the first day of leave;
• where further leave is to continue beyond the first eight weeks, the employee must provide the additional information and written confirmation required by legislation; and
• where leave is to begin more than eight weeks after the death, the employee must normally give at least one week’s written notice.

The employee is not required to provide proof of the death in order to exercise the statutory entitlement.

Bereaved Partner’s Paternity Leave may be taken before or after other statutory parental leave for which the employee is eligible, subject to the statutory rules applicable to each entitlement.

Employees affected by these circumstances should contact HR or their line manager as soon as reasonably practicable so that their statutory entitlements, any other bereavement or parental leave rights, and available support can be discussed sensitively.

7. Managing Paternity Leave Efficiently

7.1 Workforce Planning During Paternity Leave

Managers must plan appropriately for Paternity Leave and other statutory family leave while ensuring that the employee’s statutory rights are respected.

Once sufficient notice of leave has been received, managers must:

• review the staffing arrangements for the relevant period;
• identify the skills, competence and experience required to meet the assessed needs of people using the service;
• arrange appropriate cover where required, which may include authorised temporary staff, additional shifts, redeployment or other suitable staffing arrangements;
• ensure that any changes to staffing do not compromise the safety, quality or continuity of care; and
• escalate any identified staffing risk through {{org_field_name}}’s established governance and risk-management arrangements.

In accordance with Regulation 18 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, {{org_field_name}} must ensure that sufficient numbers of suitably qualified, competent, skilled and experienced staff are deployed to meet the needs of people using the service and the applicable regulatory requirements.

Regulation 18 does not impose a single universal staffing ratio. Staffing levels and skill mix must be determined by reference to the needs, risks and circumstances of people using the service and the requirements of the regulated activity.

Managers must not discourage, delay or refuse a statutory Paternity Leave entitlement because arranging staffing cover is inconvenient or creates additional operational work.

7.2. Keeping in Touch During Leave

• Employees may opt for informal contact with their manager to stay updated on work developments.
• Any return-to-work concerns should be discussed before the leave ends.

7.3. Returning to Work After Paternity Leave

• Employees have the right to return to the same role on the same terms and conditions.
• Flexible working requests may be considered, in line with {{org_field_name}}’s Flexible Working Policy.

8. Additional Support for New Parents

To support new parents, {{org_field_name}} offers:

• Parental well-being support, including mental health services and counselling.
• Flexible working discussions, helping employees balance work and family life.
• Guidance on shared parental leave, ensuring parents can make informed choices.

9. Monitoring and Compliance

{{org_field_name}} will monitor implementation of this policy to ensure that statutory Paternity Leave, Statutory Paternity Pay and other relevant statutory family-leave entitlements are administered correctly.

HR and managers will, as applicable:

• maintain appropriate records of Paternity Leave and pay applications and decisions;
• ensure statutory notice, eligibility and payment requirements are applied correctly;
• ensure employees are not subjected to unlawful detriment or discrimination for requesting or taking statutory leave;
• review workforce arrangements to ensure that statutory leave does not result in unsafe or insufficient staffing;
• ensure staffing risks arising from planned or unplanned absence are identified, assessed and managed;
• maintain relevant employment and management records securely and in accordance with applicable data-protection requirements; and
• review this policy when legislation, statutory rates or relevant regulatory requirements change.

Under Regulation 17 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, {{org_field_name}} must maintain effective governance systems and appropriate records relating to staff and the management of the regulated activity.

Under Regulation 18, {{org_field_name}} must continue to deploy sufficient numbers of suitably qualified, competent, skilled and experienced staff to meet the needs of people using the service.

CQC may consider evidence relating to governance, staffing, workforce planning and associated records when assessing whether the service complies with the applicable fundamental standards. References in this policy to CQC must not be interpreted as meaning that CQC conducts a separate or routine audit specifically of Paternity Leave requests.

Any identified non-compliance with statutory employment rights or CQC regulatory requirements must be escalated to the appropriate manager and corrective action taken without unnecessary delay.

10. Related Policies

This policy should be read alongside:

• CH18 – Risk Management and Assessment Policy​.
• CH27 – Staff Supervision, Training, and Development Policy​.
• CH28 – Staff Conduct and Code of Ethics Policy​.
• CH34 – Confidentiality and Data Protection (GDPR) Policy​.
• CH16 – Health and Safety at Work Policy​.
• CH29 – Maternity, Adoption, and Parental Leave Policy​.

11. Policy Review

This policy will be reviewed annually or sooner if there are legislative changes, updates in CQC regulations, or operational requirements.

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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}}
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