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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 ensure that all eligible employees at {{org_field_name}} are aware of and can access their statutory and contractual rights regarding paternity leave. This policy ensures compliance with UK employment law and CIW regulations, supporting employees in balancing work and family life by allowing them to take time off to care for their child while ensuring continuity of care within the organisation.

This policy aligns with:

• The Employment Rights Act 1996, which guarantees employees the right to take statutory paternity leave.
• The Paternity and Adoption Leave Regulations 2002, setting out statutory entitlements and notice requirements.
• The Equality Act 2010, ensuring protection against discrimination for employees taking paternity leave.
• The Work and Families Act 2006, ensuring fairness and workplace flexibility.
• Care Inspectorate Wales (CIW) regulations, ensuring employers support employee wellbeing and maintain effective staffing arrangements.

This policy aims to:

• Outline employee entitlements and the process for requesting paternity leave.
• Ensure compliance with statutory regulations and best practice guidance.
• Provide clarity on pay entitlements during paternity leave.
• Support staff in balancing their family commitments while ensuring minimal disruption to care home operations.

2. Scope

This policy applies to:

• All employees at {{org_field_name}}, including full-time, part-time, and agency workers where applicable.
• Line managers and HR personnel, responsible for processing paternity leave requests and ensuring compliance.

This policy covers:

• Eligibility criteria for paternity leave.
• Notification and approval process.
• Paternity pay entitlements.
• Returning to work and employee rights.

3. Eligibility for Paternity Leave

To qualify for paternity leave, an employee must:

• Have at least 26 weeks’ continuous service at {{org_field_name}} by the end of the 15th week before the expected week of childbirth (or adoption match date).
• Be the biological father, partner of the mother, or adopter of the child.
• Have or expect to have responsibility for the child’s upbringing.
• Take the leave to support the mother or care for the child.

Paternity leave applies in cases of:

• Birth – For biological fathers or partners of the child’s mother.
• Adoption – When the employee is not the primary adopter but is providing support.
• Surrogacy – Where the employee is a parental order applicant.

4. Paternity Leave Entitlement

Eligible employees can take:

• One or two consecutive weeks of statutory paternity leave.
• Leave must be taken in one block and cannot be split into separate weeks.
• Paternity leave must be taken within 56 days (8 weeks) of the child’s birth or adoption placement.

Employees can choose when to start their leave, either:

• On the day of the child’s birth or adoption placement.
• A fixed number of days or weeks after the birth or placement.

If the baby is born earlier than expected, the employee can adjust their leave start date accordingly.

5. Statutory Paternity Pay (SPP)

To qualify for Statutory Paternity Pay (SPP), an employee must:

• Meet the eligibility criteria for paternity leave.
• Earn at least £123 per week (before tax) (as of April 2024).

SPP is paid at:

• £184.03 per week (as of April 2024) or 90% of the employee’s average weekly earnings, whichever is lower.
• Paid for up to two weeks.

If an employee does not qualify for SPP, they may be eligible for other benefits such as Universal Credit or employer-paid paternity benefits.

6. Notification and Approval Process

To apply for paternity leave, employees must:

• Notify their line manager and HR at least 15 weeks before the baby’s due date (or within 7 days of adoption match).
• Complete and submit a SC3 (Statutory Paternity Leave and Pay) form to confirm eligibility and leave dates.
• Provide evidence of pregnancy/adoption, such as a MATB1 form or adoption papers.

Managers must:

• Acknowledge and process the request within five working days.
• Confirm leave arrangements and pay entitlements in writing.
• Ensure staffing coverage during the employee’s absence.

7. Shared Parental Leave (SPL) Option

Eligible employees may convert some of their paternity leave into Shared Parental Leave (SPL), allowing:

• Up to 50 weeks of leave to be shared between parents.
• More flexibility in when leave is taken.
• SPL applications must be made at least eight weeks before the intended leave start date.

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

Employees may request flexible working arrangements upon returning from paternity leave, including:

• Part-time hours.
• Job sharing.
• Remote or hybrid working (where applicable).

Requests should be made in writing and will be considered in line with business needs.

10. Rights and Protection from Discrimination

Employees taking paternity leave are protected from:

• Dismissal or unfair treatment related to their leave.
• Loss of career progression opportunities due to their parental responsibilities.
• Any form of discrimination under the Equality Act 2010.

Employees who believe they have been treated unfairly should raise concerns with HR or follow the grievance procedure.

11. Managing Paternity Leave Efficiently

11.1 Employer Responsibilities

{{org_field_name}} will ensure:

• All staff are informed of their paternity leave rights.
• Clear procedures are in place to process leave requests efficiently.
• Work schedules are adjusted to maintain quality care provision during paternity leave absences.
• Managers are trained to support employees taking paternity leave.

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:

• Maternity Leave Policy.
• Flexible Working Policy.
• Staff Leave and Absence Policy.
• Equality, Diversity, and Inclusion Policy.
• Disciplinary and Grievance Policy.

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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