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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