Download Paternity Policy

Bupa UK
People
Index
Paternity Leave
1
Revision / Review History
Date of last completed review:
June 2016
Date of next scheduled
review:
June 2017
Owner:
Vivian Leinster, People Director
Bupa UK
Date:
April 2015
Once printed, this document is an uncontrolled version. Always check the People Point to ensure
you have the most up to date version of the document.
2
Scope
This policy applies to all Bupa UK employees who are eligible for paternity leave and/ or paternity
pay.
It does not form part of your contract of employment, nor does it apply to agency workers,
consultants or self-employed contractors.
This policy will be reviewed from time to time and amended as appropriate to ensure that it reflects
our legal obligations and business needs.
3
Purpose
We want people to love working for Bupa.
We want to support you before, during and after the birth or placement of your child, and to provide
you with the information you need to ensure that you are fully aware of your responsibilities during
your paternity leave, including your entitlements to leave and pay, as well as what you need to do
when you return to work.
4
Responsibilities
You are responsible for:


Notifying your manager in writing of your intention to take paternity leave and when you
would like to take it
Providing your manager with relevant evidence if they require it
Remaining in reasonable contact with your manager during paternity leave. This means you
should provide up to date contact details when you leave and if they change when you are
on leave
Page Number 1 of 6
43652679-1

Discussing with your manager at the earliest opportunity if you decide not to return to work
Your manager is responsible for:


5
Writing to you to confirm the dates of your paternity leave and expected return date
Keeping in reasonable contact with you during paternity leave
Holding a return to work meeting with you as soon as possible on your return to work
Key Points
5.1 Definitions
The following definitions apply in this policy:Expected Placement Date (“EPD”): The date on which an adoption agency expects that it will
place a child into your care with a view to adoption.
Expected Week of Childbirth (“EWC”): The week, beginning on a Sunday, in which a
doctor/midwife expects your baby to be born.
Paternity Leave: The period of up to 2 weeks’ leave to which eligible employees are entitled.
Statutory Paternity Pay: The pay to which you may be entitled during a period of Paternity
Leave.
Partner: A person (whether of a different sex or the same sex) who lives with the mother or
adopter and the child in an enduring family relationship, but is not a parent, grandparent, sister,
brother, aunt or uncle of the mother or adopter.
Relevant Period: In birth cases, the 8 week period ending immediately before the 14th week
before the EWC. In adoption cases, the 8 week period ending immediately before the week in
which you or your spouse, civil partner or Partner were notified of being matched with the child.
5.2
Eligibility for paternity leave
Eligible employees can take paternity leave following the birth or adoption of a child. However, in
adoption cases, paternity leave is not available to an employee who decides to take adoption
leave. Please see the Bupa UK adoption policy for further details.
You are entitled to paternity leave if your leave is for the purpose of caring for the child, or
supporting the child’s mother, adopter or co-adopter in caring for the child, and you meet the
following conditions:


You have been continuously employed with Bupa for at least 26 continuous weeks ending
with either the 15th week before the EWC or the week in which you or your partner is
notified by an adoption agency that you/ they have been matched with a child, and
You are the biological father of a child or have been matched with a child by an adoption
agency, or
You are the spouse, civil partner or partner of someone who has been matched with a child
by an adoption agency
Additionally, you must expect to have the main responsibility (with the child’s mother, co-adopter or
adopter) for the child’s upbringing, or be the child’s biological father and expect to have some
responsibility for the child’s upbringing.
Page Number 2 of 6
43652679-1
Additional paternity leave was abolished for children born or adopted on or after 5th April 2015 as a
result of the Government’s new shared parental leave scheme. If you were already on additional
paternity leave at this date, your additional paternity leave will continue until the agreed end date.
With effect from 1 October 2014, fathers and partners of pregnant women are entitled to unpaid
time off to attend up to two ante-natal appointments, (although the appointments themselves do
not count as paternity leave). Employees should speak to their manager before attending an antenatal appointment.
5.3
Timing and length of paternity leave
Paternity leave must be taken as a period of either one week or two consecutive weeks. It cannot
be split into odd days.
It can be taken from the date of the child’s birth or adoption placement, but must end within 56
days of either


The child’s birth or, if the baby is born early, of the first day of the EWC; or
In adoption cases, the child’s placement
If more than one child is born as a result of the same pregnancy or more than one child is adopted
at the same time, only one period of statutory paternity leave and pay is available.
5.4
Notification requirements
Written notice can be given by completing the Bupa UK paternity leave application form which is
available on People Place.
5.4.1
Birth
If you wish to take paternity leave in relation to a child’s birth, you must give your manager notice in
writing of your intention to do so and confirm:



The EWC
Whether you intend to take one week or two
When you would like to start your leave. This can be on the child’s day of birth, within a
specified number of days of the birth, or on a specific date later than the first date of the
EWC.
You must give this notice by the end of the 15th week before the EWC (or, if this is not possible, as
soon as you can).
Once you have informed your manager of your intention, we will write to you within 28 days of
receiving your leave notice.
Your manager may request that you provide a copy of the child’s birth certificate and the name and
address of the mother’s employer, or, if she is self-employed, her business address.
5.4.2
Adoption
If you wish to take paternity leave in relation to the adoption of a child, you must give your manager
notice in writing of your intention to do so and confirm:

The date on which you and/ or your spouse/ civil partner or partner were notified of having
been matched with the child, together with the EPD
Page Number 3 of 6
43652679-1


Whether you intend to take one week or two
When you would like to start your leave. This can be on the day the child is placed with you
or the adopter, a day which is a specific number of days after the child’s placement, or a
specific date later than the EPD.
You must give this notice no more than seven days after you and/ or your spouse, civil partner or
partner were notified of having been matched with the child (or, if this is not possible, as soon as
you can).
Once you have informed your manager of your intention, we will write to you within 28 days of
receiving your leave notice.
Your manager may request that you provide a copy of:




5.5
the name and address of the adoption agency that matched you with the child,
the date on which you were notified that you had been matched with the child; and
the date on which the agency expected to place the child with you
the name and address of the adopter’s employer, or, if they are self-employed, their
business address.
Changing the dates of your paternity leave
Where you planned to take paternity leave in respect of a child’s birth, you can give us written
notice to vary the start date of your leave from that which you originally specified. The notice
should be given:


where you wish to vary your leave to start on the child’s birth, at least 28 days before the
first day of the EWC
where you wish to vary your leave to start a specified number of days after the child’s birth,
at least 28 days (minus the specified number of days) before the first day of the EWC
where you wish to vary your leave to start on a specific date (or a different date from the
one you originally specified), at least 28 days before that date.
Where you plan to take paternity leave in respect of a child’s adoption, you can give us written
notice to vary the start date of your leave from that which you originally specified. The notice
should be given:


where you wish to vary your leave to start on the day that the child is placed with you or the
adopter, at least 28 days before the first day of the EPD
where you wish to vary your leave to start a specified number of days after the child’s
placement, at least 28 days (minus the specified number of days) before the first day of the
EPD
where you wish to vary your leave to start on a specific date (or a different date from the
one you originally specified), at least 28 days before that date.
If you are unable to give your manager 28 days’ written notice of your desire to vary the start date
of your paternity leave as set out above, you should give such notice as soon as you can.
5.6 Statutory Paternity Pay
If you take paternity leave, you will be entitled to statutory paternity pay if, during the Relevant
Period, your average weekly earnings are not less than the lower earnings limit set by the
government.
Page Number 4 of 6
43652679-1
Statutory paternity pay is paid at a prescribed rate which is set by the Government for the relevant
tax year, or at 90% of your average weekly earnings calculated over the Relevant Period if this is
lower.
5.7
Terms and conditions during paternity leave
Your contract of employment continues when you are on paternity leave, and you will continue to
receive all contractual benefits, except your normal wage which may change to include statutory
paternity pay.
During paternity leave, the following terms and conditions of your employment relating to benefits
remain in force, if applicable:



life insurance
health insurance
use of company car
eligibility for bonus/ incentive, if applicable. Please refer to your scheme guidelines for
details.
Additionally, all other terms and conditions continue as normal. This means that your notice
requirements remain the same and you accrue holiday.
During periods of paid leave, we shall continue to make employer contributions into your pension
scheme at the same percentage rate used before your paternity leave. The contributions will be
based on your pensionable salary prior to your paternity leave, provided that you continue to make
contributions based on the pay that you receive. Should you have any further questions, please
contact the Pensions Team.
5.8
Keeping in touch
Your manager may make reasonable contact with you while you are on paternity leave. Shortly
before you are due to return to work, you manager may invite you to a discussion (whether in
person or by telephone) about returning to work.
This may cover updating you on any changes that have happened in your absence, any training
needs you might have, or any change in working arrangements.
5.9
Returning to work
You are normally entitled to return to the same position you held before you left on paternity leave.
However, where you have combined your paternity leave with a period of additional adoption
leave, parental leave of more than 4 weeks or shared parental leave and it is not reasonably
practicable for you to return to the same job, we will offer you a suitable and appropriate alternative
position on no less favourable terms and conditions. Please see the Bupa UK shared parental
leave and adoption leave policies for further information.
If you wish to return early from paternity leave, you must give your manager at least 6 weeks’ prior
notice in writing.
If you are unable to return to work from paternity leave as expected due to illness or injury, this will
be treated as sickness absence and you should follow your sickness absence notification policies
and procedures.
Should you fail to return from paternity leave without a reasonable excuse, it is likely that this will
be treated as a disciplinary matter.
Page Number 5 of 6
43652679-1
5.10
Right to attend antenatal appointments
You may take unpaid time off to accompany a pregnant woman to an antenatal appointment if you
have a "qualifying relationship" with the woman or the child. This means that either:



you are the baby's father;
you are the pregnant woman's spouse, civil partner or cohabiting partner or are living with
her in an enduring family relationship and she is not your sister, mother, grandmother, aunt
or niece; or
you are one of the intended parents in a surrogacy arrangement and expect to obtain a
parental order in respect of the child.
Please give us as much notice of the appointment as possible. You must provide your manager
with a signed statement providing the date and time of the appointment and confirming:



that you meet one of the eligibility criteria above;
that the purpose of the time off is to accompany the pregnant woman to an antenatal
appointment; and
that the appointment has been made on the advice of a registered medical practitioner,
registered midwife or registered nurse.
You may take time off to accompany a pregnant woman to up to two antenatal appointments in
relation to each pregnancy.
 You must not take more than six and a half hours off for each appointment, including travel
and waiting time.
 Time off to attend these appointments is unpaid.
If you wish to take time off to attend further antenatal appointments you should request annual
leave.
5.11
Special circumstances
Whilst this policy covers the vast majority of circumstances, there are others, such as the death of
the mother/co-adopter/child or a disrupted placement, which it does not. Employees affected by
such circumstances should seek advice from their manager.
6
Appendices
Detail of all cross references to other documentation
Bupa documents
Bupa UK Adoption Policy
Bupa UK Maternity Policy
Bupa UK Parental Leave Policy
Bupa UK Paternity Leave Application Form
Bupa UK Shared Parental Leave Policy
Page Number 6 of 6
43652679-1