Additional paternity leave and pay

What is Additional Paternity Leave and pay?

From 3 April 2011, where both parents of a baby or newly-adopted child work, and wish to continue working after the birth of the child, the Additional Paternity Leave and Pay (APLP) scheme gives parents the option to share the care of their child during its first year, or its first year with new adoptive parents. The amount of Additional Paternity Leave and Pay the father can take depends on the amount of maternity leave and pay the mother takes.

Under the Statutory Maternity Leave scheme, new mothers may take up to 52 weeks' maternity leave. This is made up of 39 weeks' leave paid at the rate of Statutory Maternity Pay (supplemented under the university contractual scheme so that the first 26 weeks are at the rate of full pay), followed by 13 weeks' unpaid leave.

Under the new APLP provisions, when mothers choose to return to work before their entitlement to pay and leave ends, their partner may take up to a maximum leave entitlement of 26 weeks, which may be paid at the rate of Statutory Paternity Pay or unpaid, depending upon how much pay the mother has taken at the point she returns to work. APLP may not commence earlier than the 20th week from birth or date of placement.

Under the University's contractual scheme (see below) a maximum of 6 weeks may also be payable to the father at the rate of full pay.

Back to top

What additional eligibility criteria apply to APLP?

The scheme does not allow for both parents to be on leave at the same time: APLP may only be claimed once a mother has returned to work, and the length of the leave and pay entitlements are dependent upon the period of leave taken by the mother, and the mother's entitlements to maternity leave and pay.

To qualify for Additional Paternity Pay your partner must:

  • have been entitled to either Statutory Maternity Leave (SML), Statutory Maternity Pay (SMP), Maternity Allowance (MA), or Statutory Adoption Leave or Pay (SAP); and
  • have returned to work within the first 37 weeks of the SMP/MA/SAP period (under Additional Statutory Paternity Pay (ASPP) rules there needs to be a minimum of 2 weeks of the spouse or partner's remaining entitlement to statutory pay remaining for the employee to be entitled to take ASPP).

In addition, you must earn at least the lower earnings limit for National Insurance contributions at the relevant qualifying week.

If your child's mother was not entitled to any of the statutory schemes outlined above and/or returns to work after 37 weeks, you are only entitled to unpaid Additional Paternity Leave.

Back to top

What are the benefits of the APLP scheme?

Additional Paternity Leave (APL): if eligible, you may take up to 26 weeks' leave which must be taken:

  • in one period of leave
  • for a minimum period of 2 weeks, and maximum period of 26 weeks (complete weeks only, odd days are not allowed)
  • in the period beginning not earlier than 20 weeks after the birth or placement for adoption and ending 12 months after the birth or placement for adoption

There may be a gap between the end of the mother's statutory maternity/adoption leave, and the beginning of Additional Paternity Leave (APL) but the period of APL leave may not extend beyond 26 weeks in total, or beyond 12 months from the date the child was born or placed for adoption.

Additional Paternity Pay: if eligible, payments during the APL will be made under the Additional Statutory Paternity Pay (ASPP) scheme. The mother or adopter must have been entitled to SMP, SAP or MA; have returned to work; and have a minimum of two weeks of her entitlement to SMP, SAP or MA remaining. The number of weeks for which ASPP is payable will depend on the number of weeks remaining of the mother or partner's entitlement.

Additional Statutory Paternity Pay:

  • is only payable once the mother/primary adopter has returned to work
  • is payable whether or not the mother works for the University
  • may not commence earlier than 20 weeks after the date on which the child is born/placed for adoption
  • must end no later than the child's first birthday or 12 months after the date of placement
  • is payable at the lower of SMP/SAP flat rate or 90 per cent of average weekly pay (see also Contractual Paternity Pay during APL below)
  • is only payable during any remaining period of the mother's/primary adopter's 39 week statutory pay entitlement as long as she has returned to work with a minimum of 2 weeks' entitlement to statutory pay remaining. (So if the mother returns to work having taken 26 weeks maternity leave, you may claim up to 13 weeks of ASPP, with a further 13 weeks unpaid leave.)
  • in some limited situations, may be supplemented up to the rate of full pay for a maximum period of 6 weeks (see Contractual Paternity Pay during APL below).
Back to top

Does the University have a Contractual Paternity Pay scheme during periods of APL?

Under the University's contractual maternity leave scheme, eligible mothers may take up to 26 weeks' leave at full pay. APL can commence at any point 20 weeks after the birth or placement for adoption. Thus, where a mother ends her maternity leave period and returns to work after 20 weeks, she may still have up to 6 weeks of her entitlement to full pay remaining under the University's contractual scheme.

Where the mother chooses to return to work at any point between 21 and 26 weeks' maternity leave, and the father chooses to take over childcare, under the APL scheme the father is entitled to claim up to 6 weeks' leave at full pay. If you choose to take a longer period of leave than the remaining full pay leave period 'transferred' to you by the child's mother, any additional leave will be paid at the statutory rates set out above.

The examples below explain how this would work.

Example 1
The mother began her maternity leave 1 week before the baby was born. She takes 30 weeks' statutory maternity pay and then returns to work. Had she remained on maternity leave she would have been entitled to a further 8 weeks' statutory maternity pay. The father/partner may then start APL and will receive up to 8 weeks' ASPP during the period of APL. Any further APL up to the anniversary of the baby's birth or date of adoption would be unpaid.
Example 2
The mother began her maternity leave 2 weeks before her baby was born and then returned to work when the baby was 20 weeks old. The father/partner begins APL immediately on her return, i.e. at the start of week 23 of the mother's 26-week entitlement to full pay under the University scheme. The father is entitled to full pay for four weeks, i.e. to the end of week 26. Any further leave would be paid at the statutory paternity pay level until week 39 and then would be unpaid.

 

Back to top

What notice do I have to give that I intend to take Additional Paternity Leave?

You are required to give a minimum of 8 weeks' notice of your intention to take APL. In order to assist planning in your department, you are encouraged to talk to your departmental administrator as soon as you know you would like to take APL. You and the child's mother should complete the Additional Paternity Leave section of the Paternity leave plan (109kb) together and return it to your department. Your entitlement to APL will be confirmed as soon as possible but in any event no later than 28 days after your department receives your request.

Back to top

Will I be required to provide any evidence of my child's birth/placement, or the mother's employment?

The department has the right to request a copy of your child's birth certificate/adoption notification, and the name and address of the mother's employer. If you are asked for this information you have 28 days in which to respond.

Back to top

Can I stay in touch with my department during periods of Paternity Leave?

During any paternity leave period, your department may make reasonable contact with you and, in the same way, you may make contact with your department. The frequency and nature of the contact will depend on a number of factors, such as the length of leave and the nature of your work. Departments and their employees will find it helpful, before paternity leave starts, to discuss arrangements for staying in touch. This might include agreements on the way in which contact will happen, how often and who will initiate the contact. It might also cover the reasons for making contact and the types of issues that might be discussed.

Your department should, in any event, keep you informed of any information relating to your employment that you would normally be made aware of if you were working.

Keeping in Touch (KIT) Days: an employee on APL may, by agreement with the department, work for up to 10 KIT days without bringing the APL period to an end or losing the entitlement to the relevant level of pay.

Any work carried out during APL will count as a whole KIT day, up to the 10-day maximum. If you come in for a one-hour training session and do no other work that day, you would have used one of your KIT days. Any work over the 10-day limit will automatically bring the APL and pay periods to an end.

You and your department should therefore agree in advance any hours to be worked and the pay for those hours.

Back to top

What about my other university benefits?

During the whole period of APL, you are entitled to receive all your contractual benefits, e.g. annual leave, with the exception of remuneration. This includes all non-cash benefits such as childcare vouchers. However, if you participate in a salary sacrifice for a nursery place, you will have to meet the full cost of the place during periods of statutory pay or unpaid leave. Further information is available at on the Childcare services website.

Back to top

What notice do I have to give before returning to work?

If you intend to return to work at the agreed date set out in your Paternity Leave Plan, no further notification is required. However, if your plans change and you would like to return to work early, you must give at least six weeks' notice of the proposed date of early return. If you do not give appropriate notice your department may postpone your return to ensure that six weeks' notice is given, provided that this is not later than the end of the agreed APL period.

Back to top

Documents