Login

DCW118-Paternity Leave Policy

{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

Paternity Leave Policy

1. Purpose

The purpose of this policy is to outline the rights and entitlements of employees of {{org_field_name}} in relation to statutory paternity leave and statutory paternity pay. This policy applies in Wales and reflects the Employment Rights Act 1996, the Work and Families Act 2006, the Paternity and Adoption Leave Regulations 2002, the Statutory Paternity Pay and Statutory Adoption Pay Regulations 2002, the Paternity Leave (Amendment) Regulations 2024, and any subsequent statutory changes in force at the date of review.

This policy is designed to promote fair treatment, family-friendly working practices and work-life balance, while ensuring that {{org_field_name}} continues to meet its legal and regulatory responsibilities as a domiciliary support service in Wales. In applying this policy, the organisation will ensure that planned staff absence is managed safely so that service users continue to receive reliable, person-centred care and support in line with their personal plans, agreed visit schedules and the organisation’s Statement of Purpose.

2. Scope

This policy applies to all employees of {{org_field_name}} who are eligible for statutory paternity leave and/or statutory paternity pay. Statutory paternity leave is available to employees only. Statutory paternity pay is subject to separate eligibility rules, including service, earnings and notice requirements.

This policy covers paternity leave and pay in birth, adoption and surrogacy situations. It applies to all eligible employees, including care workers, senior care staff, administrative staff, coordinators, managers and senior management.

Because {{org_field_name}} provides domiciliary care services, all requests for paternity leave will be managed in a way that respects the employee’s statutory rights while ensuring safe staffing, continuity of care, appropriate rota planning, and compliance with CIW requirements and the organisation’s Statement of Purpose.

3. Eligibility for Paternity Leave

Statutory paternity leave is available to eligible employees from the first day of employment, provided the employee meets the statutory relationship, responsibility and notice requirements.

An employee may be eligible for statutory paternity leave if they are one of the following:

The employee must be taking the leave to care for the child and/or to support the child’s mother, birth parent or adopter. The employee must also expect to have responsibility for the child’s upbringing or, in adoption cases, be the partner of the person who has responsibility for the child’s upbringing.

Eligibility for statutory paternity pay is separate from eligibility for statutory paternity leave. An employee may qualify for paternity leave but not qualify for statutory paternity pay if they do not meet the statutory pay conditions, including the relevant continuous employment and earnings requirements. Where an employee is not eligible for statutory paternity pay, {{org_field_name}} will explain this in writing and will discuss other available options, such as annual leave, unpaid leave or other family leave where applicable.

4. Paternity Leave Entitlement

Eligible employees may take either one week or two weeks of statutory paternity leave. Where two weeks are taken, the employee may choose to take the two weeks together or as two separate blocks of one week. Paternity leave must be taken in full-week blocks.

A week of paternity leave is the same number of days that the employee normally works in a week. For example, if an employee normally works two days per week, one week of paternity leave will be two working days.

In birth cases, paternity leave cannot start before the child is born. It may start on the actual date of birth, a specified number of days after the birth, or a pre-agreed date after the birth. The leave must finish within 52 weeks of the child’s birth or, if the child is born early, within 52 weeks of the expected week of childbirth.

In adoption cases, paternity leave may start on the date of placement, an agreed number of days after placement, or, for overseas adoption, on the date the child arrives in England, Scotland or Wales or an agreed number of days after that date. Adoption-related paternity leave must be taken within 52 weeks of the date of placement or the child’s arrival in England, Scotland or Wales.

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

Employees may also be eligible for Shared Parental Leave, Shared Parental Pay, Parental Bereavement Leave, Neonatal Care Leave or other family-related leave, depending on their circumstances. Employees should speak to HR or the Registered Manager as early as possible so that the organisation can advise on the correct leave route and plan safe staffing cover.

5. Statutory Paternity Pay

Employees who qualify for statutory paternity leave may also be entitled to Statutory Paternity Pay. 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 eligibility criteria in force at the time of the request. This normally includes being continuously employed by {{org_field_name}} for at least 26 weeks up to the relevant qualifying week, remaining employed up to the relevant date, giving the correct notice, and earning at least the statutory lower earnings threshold during the relevant assessment period.

Statutory Paternity Pay will be paid at the statutory rate in force at the time the leave is taken, or at 90% of the employee’s average weekly earnings, whichever is lower. As at the current GOV.UK published rate, Statutory Paternity Pay is £194.32 per week or 90% of average weekly earnings, whichever is lower. Tax and National Insurance deductions will be made in the usual way.

If an employee is eligible for paternity leave but is not eligible for Statutory Paternity Pay, {{org_field_name}} will confirm this in writing and will provide the employee with the appropriate statutory non-payment information, including form SPP1 where required. The employee may still be able to take statutory paternity leave even where statutory paternity pay is not payable.

6. Notification Requirements

Employees must give the correct statutory notice for paternity leave and, where applicable, statutory paternity pay. Employees are encouraged to notify {{org_field_name}} as early as possible so that safe staffing arrangements can be made, but the organisation will not impose requirements that remove or reduce statutory rights.

Birth cases: The employee must tell {{org_field_name}} the expected week of childbirth at least 15 weeks before the baby is expected, unless a statutory exception or transitional rule applies. The employee must also tell {{org_field_name}} when they want their paternity leave to start and how much leave they wish to take at least 28 days before the leave is due to start. Where the employee wishes to take two separate one-week blocks, the employee must give at least 28 days’ notice before each period of leave.

Statutory Paternity Pay: The employee must claim Statutory Paternity Pay within the statutory notice period. In birth cases, this is normally at least 15 weeks before the week the baby is expected.

Adoption cases: The employee should notify {{org_field_name}} within 7 days of the date on which the adopter or partner is notified of being matched with the child. If the employee wishes to take the second week as a separate one-week block, they must give at least 28 days’ notice before the second week. Different notice rules apply in overseas adoption cases, and HR or the Registered Manager will check the current statutory guidance when such a request is received.

Changing leave dates: If an employee wishes to change the start date of a paternity leave period, they must normally give at least 28 days’ notice before the original or new start date, whichever is earlier. If this is not reasonably practicable, for example because the baby is born early or there is an emergency, the employee must notify {{org_field_name}} as soon as reasonably practicable.

Employees may give notice using the HMRC/GOV.UK online paternity leave and pay form or by providing the same information in writing to HR or the Registered Manager. {{org_field_name}} will confirm approved paternity leave dates in writing.

7. Managing Paternity Leave in a Domiciliary Care Setting

{{org_field_name}} recognises that employees have a statutory right to take paternity leave where eligible. The organisation will manage paternity leave requests in a way that respects those rights while maintaining safe, reliable and person-centred domiciliary care services.

Because service users depend on planned visits, continuity of care and consistent support, the Registered Manager, rota coordinator and/or HR will review the employee’s planned absence as soon as notice is received. This review will include the employee’s scheduled visits, service user needs, visit times, travel time, risk levels, medication support, moving and handling requirements, communication needs, and any service users who require continuity from familiar staff.

Cover arrangements may include reallocating visits to suitably trained and competent staff, adjusting rotas, agreeing additional shifts, using regular bank staff, or, where necessary, using agency staff. Any replacement worker must have the required skills, competence, induction and information to provide safe care in accordance with the service user’s personal plan.

The organisation will ensure that changes to staffing do not compromise service users’ well-being, dignity, safety, medication support, safeguarding arrangements or agreed visit times. Where a change affects a service user’s care arrangements, communication will be handled sensitively and in accordance with confidentiality, data protection and the individual’s communication needs.

The Registered Manager will ensure that rota changes are recorded and that the service continues to meet the requirements of the Statement of Purpose, staff deployment arrangements, CIW expectations and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

8. Rights and Protections During Paternity Leave

Employees who take or request paternity leave must not be subjected to dismissal, detriment, discrimination, disadvantage or unfair treatment because they have taken, requested or sought to take paternity leave.

During statutory paternity leave, the employee’s employment rights are protected. This includes the right to accrue annual leave, benefit from pay rises, maintain contractual benefits other than normal salary, and return to work. Statutory Paternity Pay will be paid where the employee meets the statutory eligibility criteria.

At the end of statutory paternity leave, the employee is entitled to return to the same job on the same terms and conditions, unless a different statutory family leave arrangement applies and the law provides otherwise.

Any concerns about treatment connected with paternity leave should be raised with the Registered Manager or HR. Concerns may also be raised under the Grievance Policy, Equality, Diversity and Inclusion Policy, or Whistleblowing Policy where appropriate.

9. Returning to Work

The employee will normally return to work on the next scheduled working day after the approved period of paternity leave ends. Because paternity leave is taken in one-week blocks, the return date will usually be confirmed when the leave is approved.

If the employee wishes to change the dates of a planned paternity leave period, they must give the required statutory notice, normally at least 28 days where reasonably practicable. Where this is not reasonably practicable, the employee must inform HR or the Registered Manager as soon as possible.

Before the employee returns, the Registered Manager or rota coordinator will confirm any rota arrangements, service user allocations, handover information, training updates, policy updates or changes affecting the employee’s role.

Employees who experience difficulties balancing work and family responsibilities after returning from paternity leave may request support from HR or the Registered Manager. Employees may also make a statutory flexible working request in accordance with the Flexible Working Policy.

10. Antenatal, Adoption and Surrogacy Appointments

Eligible employees may be entitled to unpaid time off to accompany a pregnant woman or birth parent to up to two antenatal appointments, each lasting up to 6.5 hours. This may apply where the employee is the baby’s father, the spouse or civil partner of the pregnant woman or birth parent, the partner in an enduring family relationship, or an intended parent in a surrogacy arrangement.

Employees who are adopting may be entitled to time off to attend up to two adoption appointments after being matched with a child, where they meet the statutory criteria.

Employees should give as much notice as possible of appointment dates so that rotas and care visits can be managed safely. {{org_field_name}} may ask the employee to provide a declaration confirming their eligibility and the date and time of the appointment, where permitted by law.

11. Neonatal Care Leave and Pay

Where an employee’s baby requires neonatal care, the employee may be entitled to Neonatal Care Leave and, if eligible, Statutory Neonatal Care Pay. Neonatal Care Leave is separate from and additional to statutory paternity leave.

Neonatal Care Leave may be available where the baby receives neonatal care for at least 7 continuous days and the statutory eligibility requirements are met. Eligible employees may be able to take one week of Neonatal Care Leave for every qualifying week the baby receives neonatal care, up to a maximum of 12 weeks.

Neonatal Care Leave is a day-one right for eligible employees. Statutory Neonatal Care Pay is subject to separate eligibility conditions, including continuous employment and earnings requirements.

Employees should inform HR or the Registered Manager as soon as reasonably practicable if their baby is receiving neonatal care. {{org_field_name}} will respond sensitively and will work with the employee to identify the correct leave and pay entitlements while maintaining safe staffing and continuity of care.

12. Related Policies

This policy should be read alongside the following policies, where applicable:

These policies support the organisation to uphold employee rights while maintaining safe, effective and person-centred domiciliary care services.

13. Policy Review

This policy will be reviewed at least annually and sooner where there are changes to employment legislation, statutory pay rates, Welsh Government guidance, CIW expectations, Social Care Wales guidance, commissioning requirements, or operational learning from the management of staff leave.

Statutory pay rates and earnings thresholds will be checked at each April payroll update and whenever GOV.UK publishes changes. Any updates will be communicated to staff through the Registered Manager, HR, supervision, staff meetings or other appropriate communication methods.

{{org_field_name}} will monitor the application of this policy to ensure that employees are treated fairly and that paternity leave is managed without compromising service user safety, continuity of care or compliance with the organisation’s Statement of Purpose.

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.

Leave a Reply

Your email address will not be published. Required fields are marked *