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Registration Number: {{org_field_registration_no}}

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Paternity Leave Policy

1. Purpose

The purpose of this policy is to set out the statutory and contractual rights of eligible employees of {{org_field_name}} in relation to paternity leave and Statutory Paternity Pay and to establish the arrangements that will apply when an employee wishes to exercise those rights.

This policy is intended to comply with applicable employment legislation in force in England and Wales, including:

• the Employment Rights Act 1996, as amended;
• the Employment Rights Act 2025 and regulations made under it;
• the Paternity and Adoption Leave Regulations 2002, as amended;
• the Paternity Leave (Amendment) Regulations 2024;
• the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002, as amended;
• the Bereaved Partner’s Paternity Leave Regulations 2026;
• the Equality Act 2010; and
• applicable legislation governing Shared Parental Leave and flexible working.

From 6 April 2026, Statutory Paternity Leave is a day-one employment right for eligible employees. The qualifying service requirements for Statutory Paternity Pay are separate and continue to apply.

As a registered care home service in Wales, {{org_field_name}} will also ensure that staff absence associated with paternity or other family-related leave is managed in a manner that maintains safe staffing and continuity of care in accordance with the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, and the applicable statutory guidance.

In particular, {{org_field_name}} will ensure that:

• eligible employees are able to exercise their statutory paternity leave rights without unlawful detriment or dismissal;
• statutory notice and pay requirements are applied correctly;
• sufficient suitably qualified, trained, skilled, competent and experienced staff remain deployed to meet the needs of individuals receiving care and support;
• appropriate arrangements are made to cover staff absence without compromising individuals’ care, safety, wellbeing or personal outcomes; and
• reasonable continuity of care is maintained throughout periods of staff absence.

2. Scope

This policy applies to employees of {{org_field_name}} who are eligible for Statutory Paternity Leave in connection with:

• the birth of a child;
• the adoption of a child;
• an overseas adoption; or
• the birth of a child through a surrogacy arrangement.

Statutory Paternity Leave is available to eligible employees from the first day of employment.

Entitlement to Statutory Paternity Pay is subject to separate statutory qualifying conditions, including continuous employment and average weekly earnings requirements.

Individuals who are not employees, including some agency workers and other workers, do not automatically qualify for Statutory Paternity Leave. However, depending upon their employment status and circumstances, they may qualify for Statutory Paternity Pay or other statutory rights. Eligibility will be determined in accordance with the applicable legislation.

This policy also applies to managers and persons responsible for workforce planning, payroll and human resources administration insofar as they are responsible for processing paternity leave and pay and arranging appropriate staffing cover.

This policy covers:

• eligibility for Statutory Paternity Leave;
• eligibility for Statutory Paternity Pay;
• the amount and timing of paternity leave;
• notice requirements;
• birth, adoption and surrogacy arrangements;
• employment rights during and following paternity leave;
• Bereaved Partner’s Paternity Leave;
• Shared Parental Leave where applicable; and
• the arrangements necessary to maintain safe staffing and continuity of care during an employee’s absence.

3. Eligibility for Paternity Leave

Statutory Paternity Leave is a day-one employment right. An employee does not need to complete a minimum period of continuous employment before becoming eligible for Statutory Paternity Leave.

To qualify, the individual must be an employee and must take the leave for the purpose of caring for the child or supporting the child’s mother, adopter or other qualifying parent.

Subject to the applicable statutory conditions, Paternity Leave may be available where the employee is:

• the child’s biological father;
• the spouse, civil partner or partner of the child’s mother;
• the spouse, civil partner or partner of the child’s adopter;
• the child’s adopter where the other member of the couple is taking adoption leave; or
• an intended parent in an eligible surrogacy arrangement.

The employee must have, or expect to have, responsibility for the child’s upbringing in accordance with the applicable statutory requirements.

Different eligibility and notification provisions apply to birth, adoption, overseas adoption and surrogacy arrangements. Employees must provide the information and notice required for the circumstances concerned.

An employee who has exercised a statutory right to paid time off to attend adoption appointments may not also qualify for Paternity Leave and Pay in relation to the same adoption where legislation prevents both entitlements being taken.

Eligibility for Statutory Paternity Pay is separate from eligibility for Paternity Leave and is addressed in Section 5 of this policy.

4. Paternity Leave Entitlement

An eligible employee may take up to two weeks of Statutory Paternity Leave in relation to the birth or placement of a child.

The employee may choose to take:

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

A statutory week of Paternity Leave means the same number of days that the employee would normally work in a week.

The entitlement is not increased in the event of a multiple birth or where more than one child is placed for adoption as part of the same arrangement.

For a birth, Paternity Leave cannot begin before the child is born. Subject to the applicable statutory rules, leave may begin:

• on the date of birth;
• a specified number of days after the birth; or
• on another date chosen by the employee which falls after the birth.

Paternity Leave relating to a birth must normally be completed within 52 weeks of the child’s birth. Where the child is born before the expected week of childbirth, the statutory period is determined by reference to the applicable rules concerning the expected date of birth.

For a UK adoption, Paternity Leave may normally begin on the date the child is placed for adoption or on a later date falling after placement.

For an overseas adoption, the statutory start-date provisions are linked to the child’s arrival in England, Scotland or Wales.

For an eligible surrogacy arrangement, Paternity Leave may begin on the date of birth or, where the employee is working on that date, the following day, or on another qualifying date after birth.

For adoption and surrogacy arrangements, all leave must be taken within the applicable statutory 52-week period.

Where a baby is stillborn after 24 weeks of pregnancy, or is born alive at any stage of pregnancy and subsequently dies, an otherwise eligible employee remains entitled to Statutory Paternity Leave and Pay in accordance with the statutory rules.

5. Statutory Paternity Pay

Eligibility for Statutory Paternity Pay is separate from eligibility for Statutory Paternity Leave.

For a birth, an employee will normally qualify for Statutory Paternity Pay where they:

• satisfy the statutory relationship and responsibility requirements;
• have been continuously employed by {{org_field_name}} for at least 26 weeks up to the end of any day in the qualifying week, which is normally the 15th week before the expected week of childbirth;
• remain employed by {{org_field_name}} up to the relevant statutory date;
• have average weekly earnings of at least the statutory Lower Earnings Limit applicable to Statutory Paternity Pay; and
• give the required notice and declaration.

For the 2026/27 tax year, the relevant average weekly earnings threshold is £129 per week.

For eligible employees, Statutory Paternity Pay is payable for up to two weeks at the statutory rate.

From 6 April 2026, the statutory weekly rate is:

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

whichever is lower.

Statutory Paternity Pay is subject to tax and National Insurance deductions and will normally be paid in the same way and at the same time as normal wages.

Different qualifying-period rules apply to UK adoptions and overseas adoptions. Eligibility will be assessed in accordance with the statutory rules applying to the particular adoption.

The statutory rate and earnings threshold may change each tax year. {{org_field_name}} will apply the statutory rates and thresholds in force at the time payment becomes due rather than relying on any historic monetary figure contained in this policy.

Where an employee does not qualify for Statutory Paternity Pay, {{org_field_name}} will provide the appropriate statutory notification explaining why the employee does not qualify, where required by law.

6. Notification and Confirmation Process

Employees must give {{org_field_name}} the statutory notice required for the type of Paternity Leave and, where applicable, Statutory Paternity Pay being claimed.

Birth

For Paternity Leave relating to a birth, the employee must normally notify {{org_field_name}} of the expected week of childbirth at least 15 weeks before the baby is expected.

The employee must normally give at least 28 days’ notice of:

• when they want each period of Paternity Leave to start; and
• whether they wish to take one week or two weeks of leave.

Where two separate one-week periods are requested, the appropriate notice must be provided for each period in accordance with the statutory requirements.

The employee does not normally need to specify the precise date of birth in advance and may state that leave is intended to begin, for example, on the date of birth or a specified period after the birth.

If an employee wishes to change the start date of a period of Paternity Leave, they must normally give at least 28 days’ notice of the change, or as much notice as is reasonably practicable where the statutory exception applies.

An employee does not have to provide medical evidence of the pregnancy or birth, such as a MATB1 certificate, in order to establish entitlement to ordinary Statutory Paternity Leave or Statutory Paternity Pay.

Employees may use the current government online paternity leave and pay form or any equivalent form provided by {{org_field_name}} to supply the required information and declarations. The government online form replaces the former SC3 form.

UK adoption

Where Paternity Leave relates to a UK adoption, the employee must normally notify {{org_field_name}} within seven days of being notified that they or their partner have been matched with the child, or as soon as reasonably practicable where this is not possible.

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

Evidence of adoption may be required to establish entitlement to Statutory Paternity Pay. Acceptable evidence may include the relevant matching certificate or written confirmation from the adoption agency.

Overseas adoption

Different statutory notification and evidence requirements apply where a child is being adopted from overseas. {{org_field_name}} will apply the statutory requirements relating to official notification, the child’s expected and actual date of arrival in England, Scotland or Wales and the intended start date of leave.

Surrogacy

Employees seeking Paternity Leave or Pay following an eligible surrogacy arrangement must provide the information and statutory declarations required for such arrangements, including, where applicable, confirmation relating to an intended application for a parental order.

Employer confirmation

Paternity Leave is a statutory entitlement where the employee satisfies the eligibility and notification requirements. It is therefore not subject to managerial discretion or operational approval.

Managers must:

• promptly forward the required information to the appropriate payroll or human resources function;
• confirm the leave arrangements and any statutory pay entitlement;
• maintain appropriate records; and
• arrange sufficient staffing cover so that the employee’s statutory leave does not compromise the safety, wellbeing or continuity of care of individuals using the service.

Where an employee has not provided the required statutory notice without a reasonable excuse, {{org_field_name}} may apply the statutory provisions governing delayed commencement of leave or pay.

6.1 Bereaved Partner’s Paternity Leave

From 6 April 2026, an eligible employee may have a statutory right to Bereaved Partner’s Paternity Leave where the child’s mother, main adopter or main intended parent dies on or after 6 April 2026 during the child’s first year of life or during the first year following the relevant adoption placement or overseas adoption arrival.

Bereaved Partner’s Paternity Leave is a day-one employment right. There is no minimum period of continuous employment and no minimum earnings requirement for entitlement to the leave.

Subject to the statutory eligibility requirements, 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 main adopter; or
• the spouse or partner of the main intended parent in an eligible surrogacy arrangement,

and they have the main caring responsibility for the child and are taking the leave for the purpose of caring for the child.

The leave may begin from the day after the death of the mother, main adopter or main intended parent.

The maximum period available will depend upon when the death occurs but may be up to 52 weeks. The leave must normally end no later than:

• the child’s first birthday;
• the first anniversary of the child’s adoption placement; or
• for an overseas adoption, the first anniversary of the child’s arrival in England, Scotland or Wales,

as applicable.

Bereaved Partner’s Paternity Leave must be taken as one continuous period.

Bereaved Partner’s Paternity Leave is unpaid under the statutory scheme. {{org_field_name}} will apply any separate contractual bereavement pay arrangements where applicable.

Where the employee wishes to begin Bereaved Partner’s Paternity Leave during the first eight weeks following the death, the employee must notify {{org_field_name}} before they are due to start work on the first day of leave. Notice during this period may be given verbally or in writing.

Where leave is to begin more than eight weeks after the death, the employee must normally provide at least one week’s notice and the information and declarations required by the statutory scheme.

{{org_field_name}} will not require the employee to produce a death certificate or other evidence of the death as a condition of exercising the statutory entitlement.

Employment rights are protected during Bereaved Partner’s Paternity Leave in accordance with the statutory provisions, including applicable protection from detriment and dismissal, continuation of relevant terms and conditions and rights on return to work.

Bereaved Partner’s Paternity Leave may be taken before or after other parental leave for which the employee qualifies, subject to the applicable statutory provisions.

7. Shared Parental Leave

Shared Parental Leave is a separate statutory entitlement from Paternity Leave. Paternity Leave is not converted into Shared Parental Leave.

Eligible parents may be able to share up to 50 weeks of Shared Parental Leave and up to 37 weeks of Statutory Shared Parental Pay during the first year following the birth or placement of a child.

Shared Parental Leave normally becomes available where the mother or primary adopter:

• returns to work and thereby ends maternity or adoption leave; or
• gives binding notice to end their maternity or adoption leave or statutory pay entitlement early,

so that the remaining eligible period may become available as Shared Parental Leave and, where applicable, Statutory Shared Parental Pay.

Separate statutory eligibility conditions apply to Shared Parental Leave and Statutory Shared Parental Pay. These include employment, continuity of employment and earnings requirements.

An eligible employee will normally be required to give at least eight weeks’ notice of a period of Shared Parental Leave.

Employees wishing to take Shared Parental Leave should refer to {{org_field_name}}’s Shared Parental Leave Policy, where one is maintained, or contact the person responsible for human resources or payroll administration for the applicable procedure.

8. Returning to Work

Employees returning from paternity leave have the right to return to the same job with the same:

• Terms and conditions of employment.
• Pay and benefits.
• Contracted hours and shift patterns.

If changes occur due to organisational restructuring, the employee will be consulted and offered a suitable alternative role if necessary.

9. Flexible Working Requests

Every employee has the statutory right to request flexible working from the first day of their employment. An employee does not need to have taken Paternity Leave or wait until they return from Paternity Leave before making a statutory flexible working request.

Flexible working arrangements may include changes to:

• the number of hours worked;
• the days or times at which the employee works;
• working patterns or shift arrangements; or
• the place of work, where the nature of the role permits this.

An employee may make up to two statutory flexible working requests during any 12-month period. Only one statutory request may normally remain live at any one time.

A statutory request must be made in writing and must include:

• the date of the request;
• confirmation that it is a statutory request for flexible working;
• the change to the employee’s working arrangements that is being requested;
• the date on which the employee would like the proposed change to take effect; and
• whether and, if so, when the employee has previously made a statutory flexible working request to {{org_field_name}}.

{{org_field_name}} will deal with statutory requests in a reasonable manner and will consult the employee before refusing a request.

A final decision will normally be made within two months of receiving the request unless an extension is agreed with the employee.

Where a request is refused, it will only be refused for one or more of the statutory business reasons permitted by employment legislation, and the employee will be informed of the decision and the applicable reason.

Where a flexible working request is accepted, any permanent contractual change will be confirmed in writing.

Requests will also be managed in accordance with {{org_field_name}}’s Flexible Working Policy.

10. Employment Rights and Protection from Detriment or Dismissal

An employee must not be subjected to unlawful detriment or dismissed because they:

• took Paternity Leave;
• sought to take Paternity Leave;
• exercised or sought to exercise a statutory right connected with Paternity Leave; or
• qualified for or exercised another protected statutory family-leave right.

Dismissal for a reason prohibited by the applicable family-leave legislation may constitute automatically unfair dismissal.

During Statutory Paternity Leave, the employee’s contract of employment continues except in relation to remuneration where statutory or contractual paternity pay applies instead of normal salary.

Subject to the applicable legislation, employees continue to benefit from their contractual terms and conditions during Paternity Leave, including:

• accrual of statutory and contractual annual leave;
• the benefit of any general pay rise or improvement in terms and conditions for which they are eligible; and
• continued protection of their employment rights.

Following ordinary Paternity Leave, an employee will normally have the statutory right to return to the same job on terms and conditions no less favourable than those which would have applied had they not been absent.

Different statutory return-to-work rules may apply where Paternity Leave is combined with another period of statutory family leave.

An employee must not be selected for redundancy because they have taken, requested or proposed to take Paternity Leave.

The Equality Act 2010 will also apply where treatment amounts to unlawful discrimination, harassment or victimisation connected with a protected characteristic.

Any employee who believes that they have been subjected to unlawful treatment should raise the matter with their line manager, the person responsible for human resources, or through {{org_field_name}}’s Grievance Procedure.

11. Managing Paternity Leave Efficiently

11.1 Employer Responsibilities

{{org_field_name}} will ensure that:

• employees have access to accurate and up-to-date information about their statutory Paternity Leave and Statutory Paternity Pay rights;
• requests and notifications are dealt with promptly, fairly and in accordance with statutory requirements;
• an eligible employee is not prevented from exercising a statutory Paternity Leave entitlement because of staffing difficulties or operational pressures;
• workforce arrangements are made in advance, wherever reasonably practicable, to cover an employee’s absence;
• at all times, sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff are deployed to meet the care and support needs of individuals using the service;
• where replacement, bank or agency staff are required, their deployment does not compromise the safety, wellbeing or continuity of care of individuals;
• staffing levels and skill mix are reviewed and adjusted where necessary during the employee’s absence;
• reasonable continuity of care is maintained for individuals receiving care and support;
• relevant managers understand the statutory rights contained in this policy; and
• personal information relating to an employee’s family circumstances is handled appropriately and confidentially.

Staffing pressures or difficulties in arranging cover will not be used as a reason to refuse an employee’s statutory Paternity Leave where the employee meets the statutory eligibility and notice requirements.

11.2 Employee Responsibilities

Employees must:

• Provide the required notice and documentation for leave.
• Communicate any changes to leave dates promptly.
• Work with management to ensure a smooth transition before and after leave.

12. Related Policies

This policy should be read alongside, where applicable:

• Maternity Leave Policy;
• Adoption Leave Policy;
• Shared Parental Leave Policy;
• Parental Bereavement Leave Policy;
• Bereavement or Compassionate Leave Policy;
• Flexible Working Policy;
• Unpaid Parental Leave Policy;
• Staff Leave and Absence Policy;
• Equality, Diversity and Inclusion Policy;
• Disciplinary Policy;
• Grievance Policy; and
• Staffing, Workforce Planning or Agency Staff Policy.

Where there is any conflict between this policy and an employee’s statutory entitlement, the statutory entitlement in force at the relevant time will apply.

13. Policy Review

This policy will be reviewed annually or sooner if legislative changes, CIW regulations, or business needs require updates. Regular audits and employee feedback will inform improvements.

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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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