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Pensions & Benefits - Holiday & Leave 

Paternity Leave and Pay (expected week of childbirth is on or after 3 April 2011)

The University recognises the benefits from supporting family friendly initiatives and assisting employees to achieve a balance in their work commitments and their life outside of work. This agreement sets out the rights, entitlements and obligations of employees who wish to avail themselves of the paternity leave benefits provided by the University.

If you are an employee of Aston University and you meet certain qualifying criteria, you are entitled to take two weeks Ordinary Paternity Leave (OPL) and receive Ordinary Statutory Paternity Pay (OSPP) and/or University Paternity Pay (UPP).

In addition, if you are eligible, you may take up to 26 weeks Additional Paternity Leave (APL) and receive Additional Statutory Paternity Pay (ASPP) within the first year of your child’s life provided that the mother/primary adopter has returned to work before using their full entitlement to maternity leave/adoption leave.

The University also provides benefits under the Parental Leave Agreement and the Compassionate Leave/Emergency Care of Dependants Leave Agreement.

Employees are advised to seek confidential advice from their designated HR Advisor to ensure that they are fully informed about all aspects of the agreement.

Form SC3 - Statutory Paternity Pay/Paternity Leave
Form SC4 - Ordinary Statutory Paternity Pay/Ordinary Paternity Leave - becoming an adoptive parent

1.    Introduction

2.    Ordinary Paternity Leave

3.    Ordinary Paternity Pay 

4.    University Paternity Pay

5.    Notifying of Ordinary Paternity Leave

6.    Additional Paternity Leave

7.    Eligibility for Additional Paternity Leave

8.    Notification of Additional Paternity Leave

9.    Additional Statutory Paternity Pay

10.  Terms and Conditions of Employment During Paternity Leave

11.  Annual Leave

12.  Occupational Pension 

13.  Salary Sacrifice 

14.  Contact During Additional Paternity Leave

15.  Work During Additional Paternity Leave

16.  Payment for KIT Days

17.  Returning to Work After Additional Paternity Leave

18.  Rights on or After Return to Work

19.  Glossary of Terms

20.  Diagram to show Relationshp between Paternity Leave and Paternity Pay

 


 

1.    Introduction

If you are an employee of Aston University and you meet certain qualifying criteria, you are entitled to take two weeks Ordinary Paternity Leave (OPL) and receive Ordinary Statutory Paternity Pay (OSPP) and/or University Paternity Pay (UPP).

In addition, if you are eligible, you may take up to 26 weeks Additional Paternity Leave (APL) and receive Additional Statutory Paternity Pay (ASPP) within the first year of your child’s life provided that the mother/primary adopter has returned to work before using their full entitlement to maternity leave/adoption leave.

2.    Ordinary Paternity Leave

2.1         If your wife, civil partner or partner gives birth to a child you are entitled to two weeks Ordinary Paternity Leave (OPL) provided that you have 26 weeks continuous service with the University by the end of the 15th week before the Expected Week of Confinement (EWC). You must also have, or expect to have, responsibility for the upbringing of the child and be making the request to help care for the child or to support the child’s mother.

2.2         OPL is also available to adoptive parents where a child is matched or newly placed with them for adoption. Either the adoptive father or the adoptive mother may take OPL where the other adoptive parent has elected to take adoption leave.  For information on adoption leave and pay please refer to Maternity and Adoption Leave.

2.3         OPL must be taken within eight weeks of the birth of the child.  If the child is born early you can choose to take the leave anytime between the actual date of birth and end of the eight week period starting from the Sunday of the EWC.

2.4         In case of an adopted child, OPL must be taken within eight weeks from the child being placed with you for adoption.

2.5         You can:

  • choose to take either one or two weeks leave but not two weeks separately; 

  • choose to start the leave on any day during the week.

2.6         You cannot:

  • start the leave before the child is born (or is placed for adoption); 

  • use the leave to take odd days off work.

2.7         If your partner has a multiple birth, you are only allowed one period of OPL.

3.    Ordinary Paternity Pay

If your average weekly earnings are below the lower earnings limit for national insurance contributions you will not be eligible for Ordinary Statutory Paternity Pay (OSPP).

In other cases you are entitled to receive OSPP or 90% of your average weekly earnings if you earn less than OSPP. 

OSPP is treated as earnings and is therefore subject to PAYE and national insurance deductions.

4.    University Paternity Pay

If you qualify for OPL and you are in continuous employment with the University at the time of the birth, for the first week of the two week OPL entitlement you will receive University Paternity Pay (UPP).  This will be full pay and will include any OSPP entitlement.    For the second week, if taken, you would receive OSPP.

5.    Notification of Ordinary Paternity Leave

5.1         If you wish to take OPL you must provide your line manager (copied to Human Resources) with 15 weeks written notice of the date on which your partner's child is due, the length of paternity leave you wish to take and the date on which you wish the leave to commence.  You must also complete and sign a Self Certificate form SC3 (a self-certificate declaring that you are entitled to receive paternity leave and statutory paternity pay) and forward this to Human Resources.

5.2         If you subsequently wish to change the timing of the paternity leave, you must give 28 days' written notice of the new dates. If it is not reasonably practicable for you to give such notice you must notify your line manager (copied to Human Resources) as soon as is reasonably practicable.

5.3         In the case of an adopted child, you must give your line manager written notice (copied to the Human Resources) of your intention to take OPL no later than seven days after the date on which notification of the match with the child was given to you by the adoption agency. The notice must specify the date the child is expected to be placed for adoption, the date you intend to start paternity leave, the length of the intended paternity leave period and the date on which you were notified of having been matched with the child. You must also complete and sign a Self Certificate form (SC4) (a self-certificate declaring that you are entitled to receive paternity leave and statutory paternity pay for becoming an adoptive parent) and forward this to the Human Resources.

6.    Additional Paternity Leave

6.1         If eligible, you may take up to 26 weeks Additional Paternity Leave (APL) within the first year of your child’s life provided that the mother has returned to work before using her full entitlement to maternity leave.

6.2         APL is also available to adoptive parents within the first year after their child’s placement for adoption, provided that the primary adopter who elected to take adoption leave has returned to work before using their full entitlement to adoption leave.

6.3         The earliest that APL can commence is 20 weeks after the date on which the child is born or placed for adoption and it must end by 12 months after that date. APL must be taken as a single block in multiples of complete weeks. The minimum period is two consecutive weeks and the maximum period is 26 weeks.

6.4         APL will generally commence on the chosen start date specified in your leave notice, or in any subsequent variation notice (please see Notification of Additional Paternity Leave below).

6.5         During the period of APL, your contract of employment continues and you will be entitled to receive all your normal contractual benefits, except for salary.

6.6         Salary may be replaced by SPP for some of the APL period if you are eligible to receive it. The remaining period of APL is unpaid.

7.    Eligibility for Additional Paternity Leave

7.1         In the case of a birth child, in order to be eligible for APL you must satisfy the following criteria:

  • be the father of the child or married to, or the civil partner of, or the partner of, the child's mother;

  • expect to have the main responsibility for the upbringing of the child (apart from the mother’s responsibility);

  • be taking the leave to care for the child;

  • must have been in continuous employment with the University for a minimum of 26 weeks, as at the end of the 15th week before the EWC;

  • must have remained in continuous employment with the University until the week before the first week of APL;

  • the mother of the child must be entitled to maternity leave and/or statutory maternity pay or maternity allowance; and

  • the mother must have returned to work and forfeited a portion of their maternity leave.

7.2         In the case of adoption, in order to be eligible for APL you must satisfy the following criteria:

  • be married to, or the civil partner of, or the partner of, the primary adopter;

  • have been matched with the child for adoption;

  • be taking the leave to care for the child;

  • have been in continuous employment with the University for a minimum of 26 weeks, as at the end of the 15th week before the week in which you were notified of having been matched with the child (the “relevant week”);

  • must have remained in continuous employment until the week before the first week of APL;

  • the primary adopter must be entitled to adoption leave and/or statutory adoption pay; and

  • the primary adopter must have returned to work and forfeited a portion of their adoption leave.

8.    Notification of Additional Paternity Leave

8.1         You must give your line manager a minimum of eight weeks’ written notice (copied to Human Resources) of the date on which you wish the APL and, if applicable, Additional Statutory Paternity Pay (ASPP) to commence.

8.2         Your request must be in writing and specify:

  • your name and home address;

  • the intended start and end date of APL; 

  • in the case of a child’s birth, the date on which the child was expected to be born and the actual date of birth or, in the case of an adopted child, the date on which you were notified of having been matched with the child and the date of placement for adoption;

  • the purpose of the APL/ASPP period is to care for the child; and

  • that you satisfy the relationship eligibility conditions for APL and ASPP

 8.3         In addition to the above, the mother or primary adopter must submit a written and signed declaration stating:

  • their name, address and national insurance number;

  • the date that they intends to return to work;

  • that they have given notice to their employer of returning to work;

  • that they are entitled to statutory maternity pay, maternity allowance or statutory adoption pay;

  • the start date of their maternity or adoption pay period;

  • confirmation that the employee satisfies the relationship eligibility conditions;

  • that they consents to the University processing the information contained in the declaration; and

  • that you are to their knowledge the sole applicant for ASPP and, in the case of a birth child, also that you are to their knowledge the only person exercising the entitlement to APL in respect of the child

8.4         In addition you must provide Human Resources with the name and business address of the birth mother’s employer and a copy of the child’s birth certificate.   In the case of an adopted child, you must provide Human Resources with the name and business address of the primary adopter’s employer, evidence of the name and address of the adoption agency, the date on which you were notified of having been matched with the child and the date on which the agency expects to place the child for adoption.  This information must be provided within 28 days of being requested.

8.5         You are permitted to bring forward your APL start date, provided that you advise the University in writing at least six weeks before the new start date or, if that is not possible, as soon as reasonably practicable. You may also postpone APL start date, or cancel your APL altogether, provided that you advise the University in writing at least six weeks before the original proposed start date or, if that is not possible, as soon as reasonably practicable.

8.6         The University will formally respond in writing to your notification of APL within 28 days, confirming the relevant start and end dates of the leave and pay.

9.    Additional Statutory Paternity Pay

9.1         In the case of a birth child, in order to be eligible for Additional Statutory Paternity Pay (ASPP) you must satisfy the following criteria:

  • be the father of the child or married to, the civil partner of, or the partner of, the child's mother;

  • be expect to have the main responsibility for the upbringing of the child (apart from the mother’s responsibility);

  • be taking the leave to care for the child during the ASPP period;

  • having been in continuous employment with the University for a minimum of 26 weeks, as at the end of the 15th week before the EWC

  • remain in continuous employment with the University until the week before the ASPP period begins;

  • your average weekly earnings for the period of eight weeks ending with the relevant week are not less than the lower earnings limit for national insurance contributions;

  • the mother of the child must be entitled to take maternity leave and/or statutory maternity pay or maternity allowance and has returned to work before her full entitlement maternity pay/maternity allowance has been exhausted;

  • the mother has at least two weeks of his/her maternity pay period that remains unexpired; and

  • give proper notification in accordance with the rules set out above.

9.2         In the case of adoption, in order to be eligible for ASPP you must satisfy the following criteria:

  • be married to, the civil partner of, or the partner of, the primary adopter;

  • have been matched with the child for adoption;

  • be taking the leave to care for the child during the ASPP period;

  • having been in continuous employment with the University for a minimum of 26 weeks, as at the end of the 15th week before the week in which you were notified of having been matched with the child.

  • you remain in continuous employment until the week before the ASPP period begins;

  • your average weekly earnings for the period of eight weeks ending with the relevant week are not less than the lower earnings limit for national insurance contributions;

  • the primary adopter is entitled to statutory adoption leave and/or statutory adoption pay and has returned to work before his/her full entitlement to statutory adoption pay has been exhausted;

  • the primary adopter has at least two weeks of his/her adoption pay period that remains unexpired; and

  • you give proper notification in accordance with the rules set out above.

9.3         Any ASPP due during APL will be paid at the same rate as OSPP.

10.Terms and Conditions of Employment During Paternity Leave

10.1      You retain your normal employment rights and benefits (apart from wages) throughout your APL.

10.2      On return from APL, payment at your normal rate of pay will be made for any Bank or Statutory Holidays and University Closure days to which you would have been entitled had you not been on APL.

10.3      You are entitled to receive the normal annual increment on your salary scale in accordance with your contract of employment to take effect from the normal incremental date.

11.Annual Leave During Paternity Leave

11.1      Annual leave entitlement accrues in the usual way during OPL and APL. However you may not take accrued annual leave during your OPL and APL. Your annual leave entitlement must be taken before or after your period of OPL or APL.

11.2      Please note that the normal provisions with regard to the carrying of leave between leave years apply and there is no automatic entitlement to carry leave forward to the next leave year.

11.3      The following special arrangements apply for the booking and use of leave for employees on OPL and APL:

Applications for leave do not require the approval or acceptance of a line manager where you opt to terminate your PL earlier than the maximum entitlement and take such accrued annual leave as may be available for an equivalent or lesser period than the outstanding duration of PL which would otherwise have been available to you.    The usual notice requirements in respect of the termination date for the PL will, however, apply and you must notify us at the same time if you wish to take leave in this way.

Any other requests for leave must be booked and approved in the usual way.

12.Pension Rights During Paternity Leave

Pension rights and contributions are dealt with in accordance with the provisions of the appropriate pension scheme providing that these provisions do not conflict with any relevant statutory requirements that may at the time apply.   For information and advice on this, please contact the Pensions Officer.

13.Salary Sacrifice

If you participate in any of the University’s flexible benefit arrangements these will continue unless or until you elect to opt out of the benefit.

14.Contact During Additional Paternity Leave

14.1      During APL the University may make reasonable contact with you and, in the same way, you may make contact with the University. Your line manager will discuss with you, prior to your APL, what the type and frequency of contact is likely to be. Every effort will be made to reach a mutual agreement about the contact.

14.2      While you are on APL, you will be able to keep informed of job and promotion opportunities through the University’s website. However, if you do not have access to the website, arrangements can be made to provide this and other relevant information.

15.Work During Additional Paternity Leave

15.1      You may, by agreement with your line manager/Dean/Head of Department, do up to ten days’ work – known as “keeping in touch days”. These are days for which you will be paid.

15.2      The type of work for which you may be paid is a matter for agreement between yourself and your School or Department. It may, for example, include attendance at conferences, training activities or team meetings but could include any activity which would normally be classed as work under your contract of employment. However, it is not intended that you use these days to work from home.

15.3      Work during APL may only take place with the agreement of both you and your line manager/Dean/Head of Department. The University may not require you to work if you do not wish to do so, nor do you have the right to work “Keeping in Touch Days” if the University does not agree to them.

15.4      Any work done on a KIT Day counts as a whole day.  For example, if you attend a meeting for one hour and do no other work that day, it counts as one of your KIT Days.

16.Payment for KIT Days

You will be paid at your normal rate of pay for any work you do on a “Keeping in Touch Day”.  In order for you to be paid for these days, your manager needs to inform your HR Advisor (in writing) that you have used a “Keeping in Touch Day”.  Your HR Advisor will then arrange for you to be paid.

17.Returning to Work After Additional Paternity Leave

17.1      You will have been formally advised in writing by the University of the end date of your APL. You will be expected to return on the next working day after this date, unless otherwise agreed with your line manager or Human Resources.  

17.2      If you are unable to attend work at the end of APL due to sickness or injury, the University's normal arrangements for sickness absence reporting and sick pay apply.  In any other case, late return without prior authorisation will be treated as unauthorised absence, which could result in disciplinary action being taken.

17.3      If you wish to return to work earlier than the expected return date, you must give the University at least six weeks' notice of your date of early return, preferably in writing. If you fail to do so, the University may postpone your return to such a date as will give the University six weeks' notice, provided that this is not later than the expected return date.

17.4      If you decide not to return to work after APL, you must give notice of resignation as soon as possible and in accordance with the terms of your contract of employment.

18.Rights on or After Return to Work

18.1      At the end of your paternity leave you will have the right to return to the job that you were employed in under your contract of employment and on terms and conditions not less favourable than those that would have applied had you not been absent.

18.2      If it is impracticable for you to be taken back in your original job, you will be found a similar appropriate job on terms and conditions not less favourable than those that would have applied had you not been absent.

18.3      Should a redundancy situation arise whilst you are on maternity leave, you will be offered suitable alternative employment where a suitable alternative vacancy exists. If a suitable alternative vacancy does not exist you will be subject to the University’s Redundancy Agreement.

18.4      You may apply to return to work on a part-time or reduced hours basis to enable you to care for your child.  Please see the Flexible Working Policy for details. 

19.Glossary of Terms

EWC/EDC Expected Week/Date of Confinement - The week/date in which your baby is expected to be born.

Partner: A partner is someone who lives with the mother of the baby in an enduring family relationship, but is not immediately related. A partner may include either a male or female partner in a same sex couple.

Ordinary Paternity Leave (OPL): A block of up to 2 weeks which can only be taken after the birth of the child, or date the child is placed for adoption, and must finish 56 days after this date.

Additional Paternity Leave (APL): Up to 26 weeks can be taken within the first year of the birth of their child, or adoption placement, provided their partner has returned to work after maternity/adoption leave and not used her/his full entitlement.

Ordinary Statutory Paternity Pay (OSPP): Is paid for the second week of your two-week OPL entitlement.  The rate is established by the Government.  If your average weekly earnings are less than the applicable rate of OSPP, you will receive 90% of your average weekly earnings.

Additional Statutory Paternity Pay (ASPP): Youare eligible to receive ASPP if you qualify for APL and your partner would have been receiving statutory maternity or adoption pay, or maternity allowance during the period you take your APL.  The rate of ASPP is the same as OSPP.

University Paternity Pay (UPP): This is payable for the first week of any OPL and is based on full pay including any OSPP entitlement. 

MAT B1 Maternity Certificate - Issued by a doctor or registered midwife giving the date on which the baby is due to be born. The MatB1 is issued not earlier than 14 weeks before the EWC.

20. Diagram to show Relationship between Paternity Leave and Paternity Pay

Diagram to Show Relationship between Paternity Leave and Paternity Pay