The right to take up to two weeks of paid paternity leave came into effect from 6th April 2003 and additional paternity leave on 3rd April 2011.
Who is eligible?
All employees with sufficient qualifying service with children who they expect to have responsibility for bringing up. The employee must have 26 weeks continuous service at the end of the 15th week before the baby is expected and continue to be employed until the birth.
The employee must be the biological father or partner/spouse of the mother and live with her in an ‘enduring family relationship’. This could also include females in a same-sex couple.
The paternity leave must be taken to support the mother or care for the child, and may only be taken in complete blocks of either one or two weeks. Paternity leave may not be taken before the birth of the child, and must be taken within 56 days of the birth (unless the baby was born prematurely, in which case the leave must be taken within 56 days of the expected date of birth).
Only one period of leave may be taken, even in the case of multiple births (i.e. twins).
How to claim paternity leave
If you wish to take paternity leave, you must notify your employer of the intended duration and the dates you wish to take by the end of the 15th week before the baby is born. You may change your mind about the dates, provided you have given sufficient notice to your employer.
Although there is no legal requirement to put this request in writing, it is advised that you do, as this is a requirement for Statutory Paternity Pay (SPP).
Once the baby is born, you should let your employer know as soon as is reasonably practical. Unlike maternity leave and pay, you do not have to provide medical evidence of the pregnancy or birth.
If you are adopting a child, the rules are similar; the main differences being:
• if you adopt jointly you must choose whether to take adoption leave’ or ’paternity leave’;
• you must have 26 weeks of continuous service from the end of the week in which you are notified of being matched with a child and you must continue to be employed until the placement;
• paid paternity leave is only available for a newly placed child/baby, not when a child already in the family is adopted; the child must be under the age of 18 when the leave is taken; the leave may not be taken before the placement and must be taken within 56 days of it; and
– you must inform your employer of your intention to take paternity leave within seven days of being notified of the match, the day the match occurred and the expected date of placement.
Again, you should notify your employer of the successful placement as soon as is practicable.
Statutory paternity pay
To be entitled to SPP, you must fulfil the following requirements:
• you must have Class 1 National Insurance contributions paid by your employer;
• you must have weekly earnings of at least the lower earnings limit, which currently stands at £102 per week (as at April 2011); and
• you must complete a form self- certifying your eligibility, at least 28 days before the date of commencement of the leave.
Payment of statutory paternity pay follows the same rules at Statutory Maternity Pay (SMP) and is paid at the same rate which, from April 2011 became £128.73 per week, or 90 per cent of weekly earnings, if this is lower.
If you undertake any work for your employer during the period of paternity Leave, or if you fall ill and are entitled to Statutory Sick Pay, you will lose your entitlement to SPP during that leave period.
Additional paternity leave
All employees with sufficient qualifying service, and with children for whom they expect to have responsibility for bringing up, may qualify for up to 26 weeks of additional paternity leave. The employee must have had 26 weeks continuous service at the end of the 15th week before the baby is expected and continue to be employed before they want to start the leave.
The leave can be taken between 20 weeks and one year after the child is born, if your partner/spouse has returned to work and any maternity payment must have ceased.
Additional Paternity Pay is only payable during the 39 weeks of your partner/ spouse’s Maternity Allowance.
Employees who do not meet the eligibility criteria for pay can still request unpaid leave. The leave will have to be taken after the end of the SMP or Maternity Allowance and will be unpaid.
For further support with SPP or any other employment issue, BVNA members should call the BVNA IRS Helpline on 01822 870270.
Author
Nicky Ackerley BA (Hons)
Nicky Ackerley HR Support is owned by Nicky Ackerley who has a BA (Hons) Business Studies Degree, is a member of the Chartered Institute of Personnel and Development and who has been a practising HR manager for over 20 years. HR Support Consultancy has provided the BVNA's Industrial Relations Service since it began in 2002.
• VOL 26 • October 2011 • Veterinary Nursing Journal