THE WOMEN IN BUSINESS TOOLKIT: Paternity Leave and Pay
THE WOMEN IN BUSINESS TOOLKIT All of the Chapters so the Women in Business Toolkit can be found online on the Women in Business Toolkit section of the Birmingham Chamber of Commerce Website along with an online version of this document. Click the links below or see www.Birmingham-Chamber.com/WIBToolkit for more information.
Having a family and caring for dependents
Promoting Best Practice Mentoring and Sponsorship
Maternity Leave and Pay
Unconscious Bias Training
Paternity Leave and Pay
Transparency in Pay and Promotions
Adoption Leave and Pay Shared Parental Leave and Pay The Right to Request Flexible Working
Promoting Diversity Through Recruitment Flexible Working
Statutory Parental Leave
Diversity Policies and Strategies
Your Rights in the Workplace
Making the Case
Discrimination, Informal and Formal Grievances and The Equality Act (2010)
Making the Case: How to Construct a Business Case and Useful Statistics
Taking a Case to Employment Tribunal
INTRODUCTION: This handy little guide offers you some concise and, we hope, highly practical and useful information on the Rights to Paternity Leave and Pay. It also includes an introduction to Occupational Paternity Pay. If you like the sound of Occupational Paternity Pay check out the ‘Making the Case’ chapter of the Women in Business Toolkit for lots of helpful advice and statistics to help you make the case to your employer. Click on the link on the left-hand page or go to the Women in Business Section of the Birmingham Chamber of Commerce website: www.BirminghamChamber.com/WIBToolkit for more information.
Connecting you to opportunity... This guide, brought to you by the Greater Birmingham Chambers of Commerce, is part of the Women in Business Toolkit. This toolkit aims to help inform and empower women and encourage best practice in businesses, helping make the UK a forward thinking, attractive place to work. Whilst useful and informative, it does not aim to provide encyclopaedic knowledge or in-depth legal advice about the topics in question, merely an introductory account. If you have any questions about any of the topics covered in this document please do speak to your HR department/the member of staff responsible for this area or seek professional advice The Greater Birmingham Chambers of Commerce features some of the UK’s oldest and largest Chambers. It has nearly 3,000 member companies that employ over 200,000 plus affiliate organisations representing 15,000 people. It offers extensive services to industry and commerce, having served the interests of business for nearly three centuries, promoting trade locally, nationally and internationally.
Did you know? Your employment rights are protected while you are on paternity leave. This includes your rights to:
employers offer Occupational Paternity Pay in the UK
Around the world... pay rises
accrue holiday
Around 50 countries currently offer paternity leave.
Norway was the first country in the world to introduce Paternity Leave
Sweden has the most generous paternity leave allowance in the world Fathers can share up to 480 days leave with their partner.
Of fathers take some time off after the birth of their child. Of those:
The average length of Ordinary Paternity Leave taken in the UK Took paternity leave
DAYS
WHAT IS STATUTORY PATERNITY LEAVE? If your partner is having a baby you could be entitled to Paternity Leave. Paternity Leave arrangements are quite different to Maternity Leave. There are two kinds of Paternity Leave:
Ordinary Paternity Leave
Additional Paternity Leave
Ordinary Paternity Leave (OPL) consists of one or two weeks paid leave from work. It can only be taken after the baby is born and must be taken within 56 days of the birth. It has to be taken as one block and can be taken regardless of whether the mother of the child has returned to work or not. Additional Paternity Leave (APL) can only be taken if the mother of the child has returned to work without taking all 52 weeks of her maternity leave allowance. Remaining maternity leave can then be taken by the mother’s partner/baby’s father. You can take APL anytime between the 20th week after your baby is born and the 52nd week after your baby is born. APL can be between 2 and 26 weeks in length, depending on the amount of left-over maternity leave available. For instance; if the child’s mother has taken 30 weeks leave, her partner could take up to 22 weeks APL. However much leave is taken, APL must be taken as one, single block. Fathers taking either kind of Paternity Leave have the right to return to the same job. While on APL you can use up to 10 KIT Days (Click Here or see the www.birmingham-chamber.com/WIBToolkit for more information).
WHAT IS STATUTORY PATERNITY PAY? Statutory Paternity Pay is money that your employer is required to pay you while you are on Paternity Leave. For Ordinary Paternity Pay (OPP) you are entitled to the statutory minimum pay. At the time of writing (November 2013) this was £136.78 per week or 90% of salary if lower. You can receive this pay for one or two weeks, dependant on how much OPL you have decided to take. For Additional Paternity Pay (APL) the pay you are entitled to will depend on how much maternity pay your partner has already taken (click here for info on Statutory Maternity Pay). If they do not take all of their Statutory Maternity Pay you can use the remainder as Additional Paternity Pay. Some companies also offer additional paternity pay known as Occupational Paternity Pay. Check your employment contract or speak to your HR department/member of staff responsible for this area to find out if you are entitled to it. If you are not entitled to OPP and would like to propose that your organisation begins to offer it click here or see the Birmingham Chamber of Commerce website for the toolkit chapter: ‘Making the Case’ for advice and guidance on making business case for Occupational Maternity/Paternity Pay. If your request for OPP or APL is successful, your Paternity Pay should automatically start when you start your paternity leave. If it does not contact your HR department/the member of staff in charge of staff wages. You should receive this money from your employer like your usual pay check. Your employer can claim back up to 100% of SMP from the Government. They cannot claim back OMP.
AM I ELIGIBLE? In order to be eligible for any kind of Paternity Pay or Leave you must be taking the time off specifically to look after a child and be either:
1. the husband or partner of the mother (or adopter) 2. The child’s father 3. the child’s adopter
In order to be eligible for Ordinary Paternity Leave and Pay you must also:
1. have worked continuously for your employer for at least 26 weeks before the 15th week before your baby is due
2. be a formal employee 3. give the correct notice
AM I ELIGIBLE? In order to be eligible for Additional Paternity Leave and Pay:
1. the child’s mother must have qualified for Maternity Leave or Pay or Maternity Allowance but now formally returned to work/will have by the date you wish to start leave.
2. you must confirm the start and end dates of the child’s mother’s maternity leave
5. confirm that the child’s mother has at least 2 weeks of their maternity pay remaining (APP only)
4. still be employed by current employer the week before leave or pay starts
3. earn at least £107 a week For Additional Paternity Leave and Pay your employer may ask you for a copy of your child’s birth certificate and/or the employment details of the mother before making a decision. If they do, you will need to provide these documents within 28 days. As with all of these things it is best to begin discussions with your employer about paternity leave and pay as soon as possible and give all notifications in writing.
KEY DATES: ORDINARY PATERNITY LEAVE AND PAY 15 WEEKS You need to tell you employer at least 15 weeks before your baby is due and when you are planning to start and finish your Ordinary Paternity Leave.
28 DAYS If you want to change the start or end date for your OPL you need to give your employer at least 28 days notice.
28 DAYS If you want to take Ordinary Paternity Pay, you need to give your employer 28 days notice
28 DAYS If your employer refuses your request for OPP they have 28 days to send you a document (the OSPP1 form) explaining why.
KEY DATES: ADDITIONAL PATERNITY LEAVE AND PAY 8 WEEKS If you intend to take Additional Paternity Leave you need to give your employer at least 8 weeks notice. You will need to tell them your baby’s due date and when you intend to start and finish your leave.
6 WEEKS If you want to make any changes to your APL you need to give your employer at least 6 weeks notice.
28 DAYS If your employer refuses your request for Additional Paternity Leave and Pay they must send you a ASPP1 form explaining why within 28 days.
JARGON BUSTER: ADDITIONAL PATERNITY LEAVE (APL) The between 2 and 26 weeks leave a baby’s father (or the mother’s partner) can take between the 20th and 52nd week after the baby is born, provided the mother has returned to work and has left over Maternity Leave. ADDITIONAL PATERNITY PAY (APP) The pay received by an employee on Additional Paternity Pay. It is paid at the statutory minimum rate . The number of weeks it is paid for is dependant on the number of weeks of Maternity Pay the mother of the child has left over on returning to work. ASPP1 FORM The form your employer has to give you if they reject your request for Additional Paternity Pay. In it they should explain their reasons for rejecting your request. EXPECTED WEEK OF CONFINEMENT Also known as the Expected Week of Childbirth, this term just means the week in which your baby is due to be born. KIT DAYS Keeping In Touch Days are opportunities to return to the workplace for individual days/shifts without losing your entitlement to maternity pay and leave. You can have up to 10 KIT Days. OCCUPATIONAL PATERNITY PAY Any additional paternity pay offered by your employer above the statutory minimum. Your employer cannot claim back these additional costs from the Government. ORDINARY PATERNITY LEAVE (OPL) The one or two weeks leave a baby’s father (or the mother’s partner) can take in the first 56 days after the baby is born.
ORDINARY PATERNTIY PAY (OPP) The legal minimum that an employer has to pay to an employee on Ordinary Paternity Leave. Your employer can claim back between 92% and 100% these additional costs from the Government. OSPP1 FORM The form your employer has to give you if they reject your request for Ordinary Statutory Paternity Pay. In it they should explain their reasons for rejecting your request. STATUTORY PATERNITY PAY The legal minimum that your employer has to pay you while you are on paternity leave. Your employer can claim back between 92% and 100% (dependant on company size) of this from the Government, by deducting it from National Insurance contributions.
USEFUL LINKS: The UK Government’s Website: https://www.gov.uk/paternity-pay-leave The paternity leave and pay section of the UK government’s website provides more useful, introductory information on adoption leave and pay and signposting for further information. It will also be worth searching ‘paternity leave’ on the gov.uk search engine for more helpful advice. Gov.UK Additional Paternity Leave and Pay Employer Guide: https://www.gov.uk/employers-additional-paternity-pay-leave This link will direct you to the gov.uk employers guide to adoption pay and leave. If your employer is unfamiliar with adoption leave and pay they may find this guide useful. The Her Majesty’s Revenue and Customs (HMRC) Website: http://www.hmrc.gov.uk/payerti/employee/statutory-pay/index.htm This link will take you to the maternity, paternity, adoption and sickness section of the HMRC website. If your employer is unfamiliar with the ins and outs of paternity pay they may find this useful. The Equality and Human Rights Commission Website (EHRC): http://www.equalityhumanrights.com/advice-and-guidance/guidance-for -employers/working-hours-flexible-working-and-time-off/making-adecision-relating-to-time-off/maternity-paternity-adoption-and-parentalleave/ The maternity, paternity, adoption and parental leave section of the EHRC website offers an array of advice and guidance on the Rights of parents.
Did you know? Your employment rights are protected while you are on paternity leave. This includes your rights to:
employers offer Occupational Paternity Pay in the UK Working Families, (2011) Survey on Additional Paternity Leave and Pay
pay rises
Around the world...
Of fathers take some time off after the birth of their child.
accrue holiday
Gov.UK (2013) Paternity Leave and Pay [Online] [Accessed 24 July 2013]
Around 50 countries currently offer paternity leave.
Norway was the first country in the world to introduce Paternity Leave
Sweden has the most generous paternity leave allowance in the world Fathers can share up to 480 days leave with their partner. CoburgBanks.co.uk (2013) Paternity Leave: UK vs. Rest of the World
Of those:
Took paternity leave DWP (2005) Maternity and Paternity Rights and Benefits [Accessed 06 August 2013]
The average length of Ordinary Paternity Leave taken in the UK
DAYS DWP (2012) Maternity and Paternity Rights and Women Returners Survey 2009/10 [Accessed 31st July 2013]
THE WOMEN IN BUSINESS TOOLKIT: WE NEED YOU
We want to make sure that the Women in Business Toolkit stays as up to date and relevant as possible. To do this we need your support: Are there any chapters that you think are missing? Do you have experience of any of the topics included in the toolkit? Could you offer a case study? If the answer is yes to any of the above please get in touch using the contact details on the back of this document. We look forward to hearing from you.
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