General Note
NHS Fife acknowledges and agrees with the importance of regular and timely review of policy/procedure statements and aims to review policies within the timescales set out.
New policies/procedures will be subject to a review date of no more than 1 year from the date of first issue.
Reviewed policies/procedures will have a review date set that is relevant to the content (advised by the author) but will be no longer than 3 years.
If a policy/procedure is past its review date then the content will remain extant until such time as the policy/procedure review is complete and the new version published, or there are national policy or legislative changes.
1. FUNCTION
This policy has been developed to ensure NHS Fife meets it’s obligations within the Agenda for Change and Hospital Medical and Dental Staff, Doctors and Dentists in Public Health Medicine and the Community Health Service Terms and Conditions of Service and the statutory regulations relating to Paternity leave and pay.
2. LOCATION
This policy applies to all employees of NHS Fife.
3. RESPONSIBILITY
The responsibility for the application of the policy rests with Line Managers within NHS Fife and HR staff.
4. OPERATIONAL SYSTEM
The prime aim of the policy is to ensure that all employees have access to pay and leave arrangements which support them in balancing their work responsibilities with their personal commitments.
NHS Fife recognises that biological fathers, adoptive parents who are not the primary carer, partners and husbands who are not the baby’s biological father, same sex partners and nominated carers*, have a need and desire to spend time at home during a period of family extension, whether that is the birth or adoption of a child.
*A nominated carer is someone providing close personal support to an expectant mother in a situation where the mother does not have a partner and is not being supported by the child’s father. It is generally only available to a member of the mother’s immediate family.
This policy is intended to be flexible in its application to meet the needs of the individual.
Employees with more than one year’s continuous service in the NHS at the beginning of the week in which the baby is due or the child is to be placed with the family are entitled to 2 weeks (pro-rata to contracted hours) paid Paternity Leave.
Employees with less than one year’s continuous NHS service and more than 26 weeks continuous service with NHS Fife at the 15thweek before the baby is due, or the child is due to be placed with the family will be entitled to 2 weeks (pro-rata to contracted hours) leave and are entitled to Statutory Paternity Pay or 90% of average weekly earnings if this is less.
Employees with less than 26 weeks continuous service with NHS Fife at the 15thweek before the baby is due will be entitled to 2 weeks (pro-rata to contracted hours) unpaid leave.
Employees who are biological fathers, adoptive partners who are not the primary carer, partners and same sex partners with at least 26 weeks continuous NHS service by the qualifying week, which is the end of the 15thweek before the start of the week the baby is expected to be born, will qualify for additional paternity leave.
Reasonable paid time off to attend ante-natal classes will also be given.
Employees must give NHS Fife a completed form SC3 Becoming a Parent (available with the application form) at least 28 days before they want leave to start, this should be submitted to the relevant HR Assistant.
Birth of a Child
Fathers, nominated carers and same sex partners may take a maximum of 2 weeks (pro-rata) paid leave or unpaid leave which ever is applicable, which can be utilised with the prior approval of their Line Manager for attendance at the birth itself or any period within six weeks of the birth of the child.
Stillbirths / Neonatal Deaths
If a stillbirth or neonatal death occurs, the provisions of NHS Fife’s Compassionate / Bereavement Leave policy should apply; this entitlement will not be affected in any way by any paternity leave previously taken.
Adoption
When a child is adopted, the provisions for Paternity Leave will also be available to the parent who is not the primary carer. The leave may be taken at any time after the adoptive parents have been informed that a child is available for placement and up to the granting of the adoption order. Employees must notify their Line Manager in writing of the expected date of the arrival of the child attaching a copy of the official adoption confirmation document at least 28 days in advance where possible. Actual leave dates should be mutually agreed with the Line Manager as soon as possible.
Additional Paternity Leave
- A maximum of 26 weeks additional paternity leave can be taken providing the leave is to care for the child. This can only be taken in one set of consecutive weeks.
- Employees must remain employed by NHS Fife the week before (runs Sunday to Saturday) the leave is to start
- This leave can be taken from 20 weeks until a year after the baby is born or child placed.
- This pay can only be given providing the employee’s partner has returned to work and all relevant pay has been stopped at least two weeks before the end of the 39 week leave period.
- Additional paternity pay is only available during the period of the employee’s partners 39 weeks maternity leave, Statutory Maternity or Statutory Adoption pay period.
- In order to qualify for additional paternity leave, the employee’s partner must have been entitled to one of the above payments.
- Employees will also have the right to apply for unpaid additional paternity leave if employees meet the requirements for leave but not pay. If employees do not meet the requirements, then they may wish to request annual leave or parental leave instead.
- If employees do not qualify for additional paternity pay, they should complete a Non-payment of Additional Statutory Paternity Pay form (ASPP).
- Employees who decide to return to work prior to the date they had indicated on the application for leave, should give at least 8 weeks notice of their intention to return to work early.
5. RELATED DOCUMENTS
Other HR policies, employee’s terms and conditions, application for paternity leave forms and SC3 form “Becoming a Parent”.
6. REFERENCES (*Ensures evidence based practice.)
- Agenda for Change and Hospital Medical and Dental Staff, Doctors and Dentists in Public Health Medicine and the Community Health Service Terms and Conditions of Service.
- Statutory Regulations.
- Equality Act 2010
- Additional Statutory Paternity Leave and Pay Regulations
