SL118-Paternity Leave Policy

Registration Number: {{org_field_registration_no}}

Paternity Leave Policy

1. Purpose

The purpose of this policy is to outline the entitlement and procedures for paternity leave within {{org_field_name}}, ensuring compliance with UK employment laws and the Care Quality Commission (CQC) regulations. This policy is designed to support employees who are becoming fathers, partners of expectant mothers, or adopting a child. It aligns with the statutory rights provided under the Employment Rights Act 1996, Paternity and Adoption Leave Regulations 2002, and the Equality Act 2010.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, agency, and temporary staff, who meet the eligibility criteria for statutory paternity leave. It covers birth and adoption scenarios, ensuring that employees are aware of their entitlements and responsibilities while providing clear guidance on how paternity leave is managed within the organisation.

3. Related Policies

SL33 – Staff Leave and Absence Policy
SL30 – Equality, Diversity, and Inclusion Policy
SL28 – Staff Conduct and Code of Ethics Policy
SL27 – Staff Supervision, Training, and Development Policy
SL42 – Communication and Engagement with People We Support and Families Policy

4. Paternity Leave Entitlement

4.1 Statutory Paternity Leave

Employees who qualify are entitled to take one or two consecutive weeks of paid paternity leave. The leave must be taken within 56 days (8 weeks) of the child’s birth or adoption placement.

The leave must be taken in full weeks (e.g., one week or two weeks), not in individual days.
Employees cannot take two separate one-week blocks; the leave must be continuous.
In cases of multiple births or multiple adoptions, the entitlement remains at a maximum of two weeks.

4.2 Shared Parental Leave

Employees may be eligible for Shared Parental Leave (SPL), which allows them to share up to 50 weeks of leave with their partner. If the mother or primary adopter curtails their maternity or adoption leave, the remaining weeks can be taken as SPL.

5. Eligibility Criteria

To qualify for paternity leave, employees must:

Have been continuously employed by {{org_field_name}} for at least 26 weeks by the end of the 15th week before the expected week of childbirth or, in adoption cases, by the week they are notified of being matched with a child.
Be the biological father, the mother’s partner (spouse, civil partner, or cohabiting partner), or the adopter’s partner.
Have or expect to have responsibility for the child’s upbringing.
Provide the required notice and documentation (see Section 6).

6. Notification Process

To apply for paternity leave, employees must provide written notice to the HR department at least 15 weeks before the expected week of childbirth, or within 7 days of receiving the adoption match notification.

The written request must include:

The expected due date or adoption placement date.
The intended start date of paternity leave.
Confirmation that the employee meets the eligibility criteria.

7. Paternity Pay

7.1 Statutory Paternity Pay (SPP)

Eligible employees are entitled to Statutory Paternity Pay (SPP), which is either £184.03 per week (as of April 2024) or 90% of their average weekly earnings, whichever is lower.

To qualify for SPP, employees must:

Have average weekly earnings of at least £123 (or the current Lower Earnings Limit) during the 8-week period before the qualifying week.
Continue to be employed up to the start of the paternity leave.
Provide the required notice and documentation.

If an employee does not qualify for SPP, they may be able to claim financial support through Universal Credit or other government schemes.

7.2 Enhanced Paternity Pay

Where financially viable, {{org_field_name}} may offer enhanced paternity pay as part of our employee benefits scheme. Details of any enhancements will be communicated to employees as part of their contract and employee handbook.

8. Additional Rights and Considerations

8.1 Keeping in Touch (KIT) Days

Employees on Shared Parental Leave can agree to work up to 20 Keeping in Touch (KIT) days without affecting their leave entitlement. This allows employees to stay connected with the workplace and ease the transition back to work.

8.2 Returning to Work

Employees are entitled to return to the same job after paternity leave. If paternity leave is combined with Shared Parental Leave, employees have the right to return to the same or a similar role if total leave taken exceeds 26 weeks.

8.3 Flexible Working Requests

Employees returning from paternity leave may request flexible working arrangements under the Flexible Working Regulations 2014. Requests must be submitted in writing and will be considered based on business needs and operational feasibility.

9. Managing Paternity Leave Efficiently

To ensure smooth management of paternity leave, {{org_field_name}} will:

Provide clear guidance on eligibility, pay, and notification requirements.
Ensure confidentiality when processing paternity leave requests.
Support workload planning, ensuring that temporary cover or workload adjustments are arranged where necessary.
Maintain an inclusive approach, ensuring that all employees, regardless of gender or family circumstances, are treated fairly.
Encourage communication, allowing employees to discuss concerns or needs with HR and line managers before, during, and after their leave.

10. Responsibilities

10.1 Management Responsibilities

Ensure all staff are aware of and understand their paternity leave rights.
Maintain records of paternity leave requests and approvals.
Support staff in balancing family responsibilities with work commitments.
Ensure compliance with CQC regulations and employment laws.

10.2 Employee Responsibilities

Provide appropriate notice and documentation for paternity leave.
Communicate with their line manager to facilitate workload planning.
Return to work as scheduled unless an extension or flexible arrangement has been approved.
Maintain professional engagement before and after leave, ensuring a smooth transition.

11. Monitoring and Compliance

To ensure compliance with employment laws and CQC requirements, the HR department will:

Maintain records of all paternity leave requests.
Monitor compliance with statutory and organisational policies.
Conduct annual policy reviews to reflect legislative updates.
Gather feedback from employees to improve the paternity leave process.

12. Policy Review

This policy will be reviewed annually or earlier if required due to changes in legislation, business needs, or employee feedback. Any updates will be communicated to all employees.

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.