PATERNITY LEAVE GUIDELINES
Introduction
The policy of the TSUULL is to provide paternity benefits which comply with both the letter and the spirit of the law and, in most cases, are in excess of statutory requirements.
This policy applies to all employees and aims to inform them of their entitlement to contractual and statutory paternity rights and ensure that these rights are understood.
Entitlement and criteria
The following employees, who have or expect to have responsibility for the child's upbringing, are entitled to a maximum of 12 weeks' paid paternity/co-parent leave under University policy, regardless of their length of service and entitlement to statutory paternity benefits:
Biological father of the child.
Spouse, civil partner or partner of the mother or birth parent who themselves expects to have responsibility for the child's upbringing.
Employee who is adopting a child but is not taking adoption leave.
Employee who is having a child via surrogacy but is not taking adoption leave.
The paternity/co-parent leave and pay available consists of any statutory leave and pay that the employee is entitled to and a contractual paternity leave and pay provision.
Statutory Regulations
Employees can take leave at any time within the first year of the birth or placement for adoption. Employees may choose to take their paternity/co-parenting leave in either one block of up to 12 weeks or two separate blocks. Leave should be taken in weekly blocks, which can start on any day of the week, subject to the following provisions:
Notification of entitlement to statutory paternity/co-parent leave and the expected week of the child's birth must be given no later than the 15th week before the expected week of childbirth or within 7 days of the date the adoption agency or local authority tells the person adopting the child they have been matched with the child.
In surrogacy cases, the employee needs to confirm that they intend to apply for a parental order within 6 months of the child’s birth.
Employees should discuss the timing of their paternity/co-parent leave with their Head of Institution or line manager as far in advance as possible to help ensure that it meets their needs and minimises any operational disruption. The manager cannot ask the employee to change the requested dates of two of the weeks of their paternity/co-parent leave (as this is the employee’s statutory entitlement). The timing of the other 10 weeks of paternity/co-parent leave should be discussed and agreed between the manager and the employee.
Leave can start on any day of the week on or following the child's birth or placement for adoption but must be completed within 52 weeks of the actual date of birth/placement of the child. If the child is born early, leave must be taken within the period from the actual date of birth up to 52 weeks after the expected date of birth.
12 weeks of leave are available to employees irrespective of whether more than one child is born as the result of the same pregnancy or more than one child is placed for adoption as part of the same arrangement.
Employees who apply for paternity/co-parent leave and meet the University criteria (i.e. that satisfactory arrangements can be made to cover for the absence at no extra cost to the University) will receive up to 12 weeks leave at full pay.
An employee must provide no less than 28 days' notice before the earliest date of each intended period of leave or within 7 days of notification by an adoption agency or local authority of being matched with a child. If, for any reason, they wish to change the start date of the leave period, they should give 28 days' notice of the change unless this is not reasonably practicable.
On receipt of the paternity / co-parent application form, the Human Resources Division will write to the member of staff confirming that leave has been granted.
Whilst for many this is a time of planning and excitement, there may be unforeseen circumstances that could make it a very difficult time. In the following situations, paternity/co-parent rights still apply, and leave must be taken within 8 weeks of the event occurring:
the employee is notified that the child will no longer be placed with the person with whom the child was to be placed for adoption; or
(in surrogacy cases) a parental order is not sought within six months of birth; or
(in surrogacy cases) an application for a parental order is refused; or
the child is stillborn after 24 weeks of pregnancy; or
the child only survives for a short period after the birth; or
the child is returned after being placed for adoption.
During paternity/co-parent leave, the contract of employment continues in force. All terms and conditions of the contract continue with the exception of stipend or salary. Continuity of service is maintained and any standard incremental progression taking place during the paternity/co-parent leave will be implemented.
However, it is recommended that any member of staff who has queries on their pension entitlement should contact the Pensions Office for information.
Initially Approved Effective: 04.08.2021
Reviewed, Amended, Approved, and Effective: 12.10.2024
By Vice-rector for Youth Affairs and Spiritual Enlightenment
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