Paternity leave guidance

This guidance was last updated on 9 September 2011

The information set out in this guidance applies to employees whose babies are expected, or who are notified of having been matched for adoption, on or after 3 April 2011. Fathers of babies born before 3 April 2011 who have outstanding queries should contact their departmental administrator, or equivalent.

What do I need to know?

It is essential to read all the guidance in this section to ensure you are aware of all the provisions of the Paternity Leave and Pay scheme, especially those relating to contractual entitlements. The statutory arrangements are complex: examples are provided to clarify how the policy applies in practice.

In summary, there are two separate entitlements to paternity leave and pay:

  • Ordinary Paternity Leave and Pay (OPL and OPLP): two weeks' leave at full pay in the first 56 days following the birth or adoption
  • Additional Paternity Leave and Pay (APL and APLP): up to 26 weeks' leave after the mother returns to work (but no earlier than the 20th week after the birth or adoption), some of which may be paid.

In addition you may be eligible for unpaid parental leave and/or to apply for flexible working.

For some periods of paternity leave only statutory payments (Statutory Paternity Pay) may be due, and for others statutory and contractual pay may be due. Note that contractual pay will only apply where you have a current contract of employment with the University. Therefore if your contract with the University of Oxford is due to end during your planned periods of Ordinary or Additional Paternity Leave, the right to any contractual payments will end on the contract end date. If you are in any doubt about your entitlement to pay and leave, contact your departmental administrator or equivalent for clarification.

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Who is eligible to claim?

In line with statutory provisions, the 'paternity' leave arrangements apply to any employee who meets the eligibility criteria regardless of gender or marital status, i.e. any employee who is either:

  • married to
  • the civil partner of
  • or the partner of
an expectant mother or adoptive parent (or the joint adopter who will not have the main caring responsibilities for the child).

For simplicity this guidance refers to 'father' and 'paternity'.

To be eligible for the University's paternity leave and pay schemes you must:

(a)   have been employed by the University for at least 26 weeks by the end of the qualifying week. The qualifying week is:

  • for newborns, the 15th week before the expected week of childbirth (as confirmed on the mother's MAT B1 form);
  • for adoptions from within the UK, the week in which the adoptive parents receive notification that they are matched with a child;
  • or for adoptions from overseas, the week in which the adopter receives official notification or the week at the end of which the employee has been continuously employed for at least 26 weeks, whichever is later; AND

(b)   continue to hold a contract of employment with the University for the whole period of the leave; AND

(c)   have, or expect to have, the main responsibility (apart from the birth mother/adopter) for bringing up the child.

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Links to detailed guidance

Full details of Ordinary Paternity Leave and Pay

Full details of Additional Paternity Leave and Pay

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Further guidance

My personal circumstances are not covered in this guidance, where can I find more information?

If you cannot find all the information which relates to your personal situation, please contact your departmental administrator or equivalent for further information in the first instance.

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Documents