Family leave policy - including maternity and paternity

Policy overview

We recognise and value our diverse workforce. In seeking to recruit, motivate and retain employees, we actively support policies which support:

  • maternity
  • adoption 
  • paternity
  • parental leave

This policy sets out employees' rights concerning:

  • pay
  • time off
  • their return to work

This policy also applies to employees who are:

  • adopting through a Foster to Adopt programme 
  • having a child through a surrogacy arrangement

Maternity leave and pay

Eligibility

All pregnant employees have the right to Statutory Maternity Leave (SML) and to resume work afterwards.  

SML is a minimum level of entitlement of up to 52 weeks leave and is broken into:  

  • Ordinary Maternity Leave (OML) - the first 26-week period of maternity leave entitlement
  • Additional Maternity Leave (AML) - the remaining 26-week period of maternity leave entitlement

Notification

To exercise their right to maternity leave, employees should complete the maternity leave application form. Teachers, NHS staff or employees on any other terms and conditions should contact payroll for the forms.

They must do this:

  • no later than the end of the 15th week before the expected week of childbirth (EWC)
  • or, as soon as reasonably practicable of:  
    • the pregnancy  
    • the expected week of childbirth  
    • the date the employee intends to start maternity leave  

Employees can start maternity leave at any time from the 11th week before the EWC. Employees can change their mind about when they want to start maternity leave. They must give at least 28 days advance notice in writing unless this is not reasonably practicable. 

Maternity leave will start on the date that the employee tells us.

However, it can also start if the employee:

  • is absent from work due to pregnancy-related illness any time after the beginning of the 4th week before their EWC. Their maternity leave may trigger automatically on the second day of this absence  
  • gives birth to their child before maternity leave has started. In this case, it will begin on the day after the date of the birth

Employees must take a minimum of two weeks' leave following childbirth.  

Please see the Maternity checklist for employees for further details of all notifications and actions required.

Maternity pay entitlement 

Statutory Maternity Pay

Statutory maternity pay (SMP) is a standard rate determined by the Government on an annual basis, payable over 39 weeks. 

To qualify for SMP, employees must:  

  • have been employed by us for a continuous period of 26 weeks by the end of the 15th week before the EWC
  • have average weekly earnings of over the lower limit for National Insurance Contributions. We calculate this over the eight weeks before and including the 15th week before the EWC
  • have started maternity leave

Maternity pay can start any week after the beginning of the 11th week before the EWC. It may start on other days of the week:

  • if triggered by the birth of the child
  • due to absence from work due to a pregnancy-related reason in the four weeks before the EWC  

For the first six weeks, SMP is at the higher rate. This is 90 per cent of the employee's average weekly earnings over a specified period. 

For the remaining 33 weeks, SMP is at the standard rate, or less if the employee returns to work sooner. It is paid:

  • at the rate set by the Government for the relevant tax year
  • or, 90 per cent of the employee's average weekly earnings if this is lower than the Government's fixed weekly rate  

SMP is treated as earnings and is, therefore, subject to PAYE and National Insurance deductions. Employees who are not entitled to SMP may be entitled to receive Maternity Allowance, payable by the Government. 

Maternity Allowance  

Employees who do not qualify for SMP may be able to claim Maternity Allowance (MA). They must:

  • have been employed for at least 26 weeks in the 66 weeks before their child is due
  • be earning a gross weekly pay set by the Government for 13 weeks

MA is an allowance paid for up to 39 weeks and claimed from the Jobcentre Plus office on form SMP1. We will send this form to the employee after we receive their Maternity Leave Application Form. Employees should contact their local Jobcentre Plus office for further details.  

The earliest an employee can receive MA is at the start of the 11th week before the expected date of birth. It will commence at the beginning of maternity leave.  

Occupational Maternity Pay

Occupational Maternity Pay (OMP) is an additional payment, over and above SMP, paid by us to employees who:  

  • have at least one year of continuous service by the 11th week before the expected week of childbirth (EWC)
  • comply with the notification requirements 

Continuous service for OMP purposes means working, without a break, with either us, another local authority or with certain other bodies. For example, Probation or Magistrates' Courts Committees. 

If an employee has worked with another organisation which they think might count, they should tell their manager. For entitlements regarding the Occupational Maternity Scheme, it includes any previous continuous service with a public authority to which the Redundancy Payments (Continuity of Employment in Local Government etc) (Modification) Order 1999 applies.  

We will take our employees' previous service into account regarding sickness and maternity schemes when they return from: 

  • maternity leave
  • caring for children or other dependents

Their break in service must not exceed eight years. There must be no intervening permanent, paid or full-time employment.

If entitled to OMP, employees will receive:  

  • for the first six weeks - maternity pay at the rate of 90 per cent of their average weekly earnings
  • for the following 12 weeks - half pay. The combination of SMP and half pay is capped at the equivalent of a full week's pay  
  • for the following 21 weeks – the lesser of the standard rate of SMP or 90 per cent of their average weekly earnings 

Both SMP and OMP are subject to regular deductions, such as tax and National Insurance.  

Employees have a choice of payment arrangements for OMP. We can make payments: 

  • during maternity leave 
  • or, in a lump sum when they return to work

Before employees start maternity leave, they should complete the Maternity leave application form. It informs us about their intentions so that we can make the payment arrangements for OMP.

Time off for antenatal care  

Employees are entitled to reasonable time off for antenatal care. They must tell their manager in advance of all appointments. Managers can ask to see appointment cards, except for the first appointment. 

Expectant pregnant employees are entitled to necessary time off with full pay for other hospital and clinic appointments resulting from their pregnancy. This includes relaxation, exercise and parent-craft classes made on the advice of a registered GP, midwife or health visitor.  

Notification of birth  

Employees should confirm the date of birth with their manager and payroll as soon as possible. We will ensure that maternity pay is calculated correctly and paid.  

Returning to work 

We will confirm in writing, the date on which we expect an employee to return to work. They must tell their manager if this is not possible. Managers should complete the return to work form.

If, for health reasons, an employee cannot return to work after maternity leave, or at an earlier notified date, we will deem them as having returned to work. The usual sickness reporting procedures and policies will apply. We will treat a late return without prior agreement as unauthorised absence.  

Employees who intend to return to work at the end of their maternity leave do not need to give any further notification. However, it helps us if they confirm, as soon as convenient, that they will return to work as expected. 

Employees can delay their return to work by taking annual leave immediately after their period of maternity leave. Their manager must agree to this.   

If an employee wishes to return to work early, they must give 21 days' notice of their intended return to work date.  

Premature births 

When a child is born prematurely, it may be before the start of the employee's maternity pay period. They must inform their manager of the actual date of the birth as soon as reasonably practicable. We want to ensure that their maternity pay is calculated correctly and paid. 

If the birth is before or during the qualifying week, we will calculate 'average earnings' for SMP purposes from the eight weeks immediately before the week of the birth. We will calculate the start of maternity leave and the maternity pay period following the birth. 

Stillbirths or miscarriage 

If a child dies before birth after 24 weeks of pregnancy, this is a stillbirth. The employee will be entitled to the same rights to maternity leave and pay. Employees are also entitled to parental bereavement leave. For more details, read the Leave and Time Off Policy.  

If the death of an unborn child occurs before the 24th week of pregnancy, this is a miscarriage. The employee is not eligible for maternity entitlements. They may be eligible for sick pay and a period of compassionate leave.  

If an employee's partner suffers' a miscarriage or stillbirth, the same criteria and rights apply to statutory paternity pay and leave.

Employees should approach their manager to discuss their individual needs together with advice from their doctor. The manager may refer the employee to Occupational Health. They can discuss counselling and provide advice about workplace adjustments and return to work arrangements.  

Health and safety 

We want to provide a healthy working environment for all employees and provide support to those that:

  • are pregnant
  • have recently returned from maternity leave
  • are breast-feeding

For further guidance, read our health and safety manual, G11 - new and expectant mothers at work policy.

Managers will carry out a risk assessment when informed that an employee is pregnant. They will offer appropriate support and make adjustments where necessary. Employees should tell their manager if they need additional help or adjustments throughout their pregnancy. 

Maternity checklist for employees

When Action required
As soon as you know you are pregnant Tell your manager and discuss your intentions:
  • to return
  • to defer the decision
  • not to return
After 20 weeks pregnant Ask your doctor or midwife for a maternity certificate (Form MATB1) showing when the baby is due. This must be the original MATB1
During or before the 15th week before the EWC (Expected week of childbirth) Complete the appropriate Application for Maternity Leave form confirming when you intend to commence maternity leave.   Payroll will acknowledge this in writing within 28 days
After 29 weeks pregnant Commence maternity leave if you have chosen to do so
During maternity leave If you  wish to return early (before 52 weeks) then 21 days' notice is required in writing to your Manager.  The notice period is seven days during ordinary maternity leave (first 26 weeks)
52 weeks from the beginning of the week in which maternity leave started Latest time by which you have a right to return to your job

 

Adoption, surrogacy and fostering to adopt

Employee adoption eligibility

  • adopter - the person with whom an adoption agency has placed, or will place, a child. They will be the 'primary' adopter who is eligible for statutory provisions
  • beginning of the week - refers to a Sunday
  • placement date - the date which the child is placed for adoption
  • qualifying week - the week during which the agency tells the adopter that they are matched with a child for adoption. This starts on a Sunday
  • adoption from overseas - the adoption of a child from abroad that does not involve placing the child up for adoption under UK law
  • surrogacy - when another woman carries and gives birth to a baby for the intended parents. An Adoption or Parental Order can transfer parental responsibility. At least one parent must be genetically related to the child to apply for a Parental Order

Adoption leave and pay are available, subject to eligibility criteria, to:

  • employees who have a child through a surrogacy arrangement and are eligible for a Parental Order
  • who foster a child through the Foster to Adopt programme as per section 22C of the Children Act 1989

 Adoption leave is available to:  

  • individual employees who adopt
  • one member of a couple where a couple jointly adopts
  • any employee who is:
    • a local authority foster parent
    • approved as a prospective adopter 
    • and, a child is placed with them in a Foster to Adopt situation
    • one member of a couple that are the legal parents of a child born through surrogacy

Where a couple is adopting jointly, or have become legal parents via surrogacy, only one may take adoption leave and receive adoption pay. The other, subject to meeting specific eligibility criteria, may be entitled to take one or two weeks' paid Paternity Leave.  

Adoption leave and pay are not available where a child is not newly-matched for adoption. For example, when a step-parent is adopting a partner's children.  

Notification  

Employees must notify their manager in writing within seven days when:

  • they are matched with a child
  • or, they intend to take adoption leave

Teachers, NHS staff or employees on other terms and conditions should contact payroll for the forms.

With surrogacy, employees must tell their manager at least 15 weeks before the child is due, that they intend to take adoption leave. 

Employees will need to give their manager:  

  • the date that they intend to start adoption leave  
  • the expected week of the placement of the child. With surrogacy, the expected week of childbirth
  • a matching certificate completed by the adoption agency. With surrogacy, a Parental Order within six months of the start of adoption leave

Employees can choose to start their leave from:  

  • the date of the child's placement, whether this is earlier or later than expected
  • or, from a fixed date, which can be up to 14 days before the expected date of placement

With surrogacy, adoption leave can start the day of the birth or the day after. 

If an employee changes their mind about the date on which they intend to start their adoption leave, they should tell their manager. They must give at least 28 days' notice of the revised start date.

The manager will formally respond in writing to an employee's leave plans within 28 days. They will confirm the date on which the employee is expected to return to work.  

The date of the adoption placement or, with surrogacy, the expected week of childbirth changes, employees must:

  • tell their manager
  • give appropriate notice for the change in date  

Some employees may plan to start adoption leave at any time before the actual date of placement. They must be sure the placement will be going ahead on the date agreed before they start their leave. If the placement is delayed, for whatever reason, and adoption leave has already begun, they cannot stop and start it again at a later date. 

Adoption from overseas  

Eligible employees adopting a child from overseas must tell management of the date on which:  

  •  they receive special notification
  •  they expect the child to enter the UK

Employees must:

  • give at least 28 days' notice of when they wish their adoption leave to start
  • tell their manager about the child's entry in the UK with 28 days, if applicable

Managers can ask for evidence of the official notification and entry of a child into the UK. 

Adoption leave arrangements  

Ordinary Adoption Leave 

All qualifying employees are entitled to:

  • 26 weeks' Ordinary Adoption Leave (OAL) 
  • up to 26 weeks Additional Adoption Leave (AAL)

This is a total of 52 weeks, regardless of the number of hours they work or their length of service.  

To qualify for OAL leave, employees must: 

  • have an approved adoption agency match them with a child 
  • or, be one of a couple that has been jointly matched with a child for adoption
  • tell the adoption agency that they agree to have the child placed with them and on the date of placement
  • or, be the legal parent of a child born via surrogacy

Adoption leave is available to:

  • one member of a couple that has had a child placed with them for adoption
  • the legal parents of a child born via surrogacy

It is up to the adoptive or legal parents to decide which of them takes the adoption leave. The other partner may, however, be entitled to a period of paid paternity leave. 

During adoption leave, employees retain the right to their contractual benefits. However, employees are not entitled to remuneration unless they meet the qualifying conditions for adoption payments. Employees returning to work after OAL can return to the same job they had before.

Additional adoption leave

Employees who qualify for OAL are also entitled to Additional Adoption Leave (AAL). AAL starts immediately after OAL and continues for a further period of up to 26 weeks. This brings the total period of absence allowed up to 52 weeks. 

Employees returning to work after AAL are entitled to return to the same job. If this is not reasonably practicable for a reason other than redundancy, they are entitled to return to a suitable position. Their terms and conditions will be no less favourable than those they were employed on before AAL. 

Only one period of leave will be available, even if: 

  • more than one child is placed for adoption as part of the same arrangement
  • with surrogacy, more than one child is born  

Sometimes, the child's adoption placement may end during the adoption leave period. In this case, employees may continue their adoption leave for up to eight weeks after the end of the placement.  

Sometimes, an expected adoption placement does not happen, but employees have already started the leave or pay period. In this case, adoption leave and pay will be available for eight weeks after notification that the child will not be placed.

Adoption pay entitlement  

Statutory Adoption Pay  

Statutory Adoption Pay (SAP) is payable for up to 39 weeks during adoption leave. An employee is entitled to SAP if they:  

  • have been employed by us for a continuous period of 26 weeks by the end of the week in which they are matched with a child. With surrogacy, this is the end of the week in which they are told of the pregnancy
  • have national weekly earnings of over the lower limit of National Insurance contributions
  • have been matched with a child to be placed with them by a UK adoption agency
  • have told the adoption agency that they agree to have the child placed with them and on the date of placement
  • tell their manager within seven days of the date they are matched with the child 
  • provide a matching certificate completed by the adoption agency. With surrogacy, provide a copy of the Parental Order as soon as possible after the child's birth. This must be no later than six months after the start of adoption leave

SAP is payable for a maximum of 39 weeks. This period is called the 'adoption pay period'. It can begin from 14 days before the child is placed with the adoptive parent but no earlier. SAP is an amount set by the Government each year.  

For the first six weeks, SAP is at the higher rate. This is 90 per cent of the employee's average weekly earnings over a specified period. To calculate average weekly earnings, shift allowances and overtime payments, are included.  

For the remaining 33 weeks, SAP is at the standard rate, or less if the employee returns to work sooner. It is paid:

  • at the rate set by the Government for the relevant tax year
  • or, 90 per cent of the employee's average weekly earnings if this is lower than the Government's fixed weekly rate  

SAP is treated as earnings and is, therefore, subject to PAYE and National Insurance deductions. Employees who are not entitled to SAP may be entitled to receive an allowance, payable by the Government.  

Occupational Adoption Pay

Occupational Adoption Pay (OAP) is an additional payment we make and is more generous than SAP. An employee is entitled to OAP if:  

  • they have at least 12 months continuous service by the week in which they are told they have been matched with a child
  • they give the proper notification of the adoption
  • provide a Matching Certificate from the adoption agency or, with surrogacy, a Parental Order
  • give at least eight weeks written notice if they wish to change their agreed return date

If entitled to OAP, employees will receive:  

  • for the first six weeks - 90 per cent of their average weekly earnings offset against any entitlement to SAP
  • for the following 12 weeks - half pay. The combination of SAP and half pay is capped at the equivalent of a full week's pay

OAP for teachers 

If entitled to OAP, teachers will receive: 

  • for the first four weeks - full pay offset against SAP or MA payments
  • for the following two weeks - 90 per cent of a week's pay offset against SAP or MA payments
  • for the following 12 weeks - half pay. This is not offset against SAP, except where the combined pay and benefits exceed full pay. For example, SAP or MA. In this case, a week's full pay will be offset against the SAP or MA payments.
  • for the following 21 weeks - the lesser of the standard rate of SAP or 90 per cent of their average weekly earnings 

Both SAP and OAP are subject to regular deductions of PAYE tax and National Insurance.  

Employees have a choice of payment arrangements. We can make payments: 

  • during their adoption leave 
  • or, in a lump sum when they return to work

No further payment is due until the employee resumes work. Employees should tell their manager about their intentions before they start adoption leave. It helps us to make the payment arrangements.

Time off for adoption appointments  

Employees who are matched with a child can take paid time off to attend up to five adoption appointments. 

Where an employee is part of a couple jointly adopting a child:

  • one of them can take paid time off for up to five appointments
  • the other can take unpaid time off to attend up to two appointments

Employees must take any time off before the date of the child's placement for adoption.

With surrogacy, employees can take unpaid time off to accompany the surrogate mother to two antenatal appointments. 

Returning to work  

We will confirm in writing, the date on which we expect an employee to return to work. They must tell their manager if this is not possible.

If, for health reasons, an employee cannot return to work after adoption leave, we will deem them as having returned to work. The usual sickness reporting procedures and policies will apply. We will treat a late return without prior agreement as unauthorised absence. 

Employees who intend to return to work at the end of their adoption leave do not need to give any further notification. However, it helps us if they confirm, as soon as convenient, that they will return to work as expected.

If an employee wishes to return to work early, they must give their manager as least eight weeks' notice. If they fail to do so, their manager may postpone their return to a date that gives eight weeks' notice. However, this date cannot be later than the expected return date. 

Employees can take annual leave immediately after the end of adoption leave. To do this, they must give their manager at least eight weeks' notice before their original agreed return date. 

The notice requirement applies during both ordinary and additional adoption leave. Employees cannot extend adoption leave beyond the maximum 52-week entitlement. 

Maternity and adoption leave

Annual leave and Bank Holidays 

Employees on maternity and adoption leave continue to accrue annual leave entitlement. They also get a compensatory day (7.4 hours) for each Bank Holiday during their leave. For part-time employees, this is the number of bank holidays they would have had if not on leave. Employees can:

  • take these days upon their return to work
  • or, arrange to take them before they start their leave 

Employees must get agreement from their manager to:

  • take annual leave before their maternity or adoption leave starts
  • take annual leave at the end of their maternity or adoption leave before returning to work

Employees can carry forward accrued annual leave from one leave year to another. However, this is only if it has not been possible to take due to maternity or adoption leave.  

Rights on and after return to work  

After maternity or adoption leave, employees are entitled to:

  • return to the same job
  • a role with equivalent pay and terms and conditions

An employee who works full-time before maternity leave has no automatic right to:

  • work on a part-time basis
  • make other changes to her working pattern

However, we will consider all requests for part-time work or other flexible working arrangements. For more information, read our flexible working policy. 

Employees at risk of redundancy whilst on maternity or adoption leave, are entitled to be offered a suitable alternative vacancy where one exists. There is no need to compete for a role, although they can ask for an exploratory meeting. The purpose of this is to find out more about the role.   

This right is subject to the employee notifying their manager of their intention to return.  

Employees on maternity or adoption leave will not suffer a detriment. We will not treat them unfairly for exercising their right to take leave.  

Employees resigning during adoption or maternity leave  

An employee on maternity or adoption leave may decide that they do not want to come back. If so, they should write to their manager to formally resign as per the terms of their contract. 

If their notice period expires after their leave has ended, we expect the employee to:

  • return to work for the remainder of their notice period
  • or, use annual leave, if available 

Contact during maternity leave or adoption leave  

Managers will discuss arrangements to keep in touch with employees during their leave period. 

Contact should be minimal and respect privacy during adoption or maternity leave. However, it can be helpful to maintain contact with the employee so that they continue to feel part of the team. It also provides an opportunity to discuss:

  • changes within the organisation, such as a restructure
  • the employee’s plans to return to work
  • any special arrangements to be made or training to be given to ease their return to work
  • developments at work during their absence

Keeping in Touch (KIT) days  

Keeping in Touch (KIT) days are optional. They are agreed between the employee and their manager. They do not extend the period of maternity or adoption leave.  

KIT days let employees work for up to 10 days during their maternity or adoption leave period without:  

  • bringing the period of maternity or adoption leave to an end 
  • the loss of a week’s statutory maternity or adoption pay as a result of carrying out that work 

Employees may choose to work only a few hours on each occasion. However, the hours worked will count as 'days' under the scheme. 

We will pay employees their standard rate of pay for the actual hours they work on a KIT day. When combined with entitlement to maternity pay, this may exceed the standard daily rate of pay. If this happens, we will offset it against the pay the employee would otherwise be entitled to. 

Managers must complete the KIT day form so that appropriate payment can be arranged.  The form should be sent to payroll.

As an alternative to pay for the hours worked on a KIT day, an employee may opt for Time Off In Lieu (TOIL) instead. They must take this within 12 months of returning from maternity or adoption leave.  

For these purposes, ‘work’ can include training or any other agreed activity to support the employee's return to work. This could include attending conferences, appraisals or team meetings.  

The opportunity to work KIT days will apply to the entire period of ordinary and additional maternity or adoption leave. However, during the first two weeks after childbirth, employees are not allowed to work.  

Employees are responsible for any childcare costs arising from working on KIT days.  

Pension 

If an employee is a member of a relevant pension scheme, we automatically deduct contributions from their maternity or adoption pay. We will continue to pay pension contributions whether or not they receive any pay during the ordinary maternity pay period. We will base these on what they would have been earning had they been working normally.  

No contributions will be payable by either the employer or employee during any period of no pay in the additional maternity leave period.  

Employees can make contributions to cover periods of maternity or adoption leave when they are not receiving pay. They must confirm this in writing no later than:

  • 30 days after their return to work
  • or, the date confirming their wish to end their employment

The rate of contributions will be the rate applying immediately before their pay ceased. 

Childcare voucher scheme 

Some employees were members of our Childcare Voucher scheme, provided by Sodexo, before 5 October 2018. They may remain in the scheme or rejoin it as long as there has not been a break of more than 12 months.  

Otherwise, employees may choose to join the Government's Tax Free Childcare Scheme. 

Paternity leave and maternity or adoption support leave

Employees seeking one or two consecutive weeks' paternity leave and pay have statutory rights and responsibilities. 

Employees cannot take paternity leave in odd days, but they can split two weeks paternity leave into two separate blocks of one week each. It is pro-rata for part-time employees.

Eligibility

Birth

An employee can take paternity leave to care for the child or support their partner who gave birth. They must take it within 52 weeks of the birth of the child.

To qualify, an employee must:

  • have been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth. It includes where they would have satisfied this condition but:
    • the child was born before the end of that 15th week
    • was stillborn after 24 weeks of pregnancy
    • has died
  • be the child's biological father and has, or expects to have, responsibility for the child's upbringing
  • be the person that gave birth's husband, civil partner or partner (but is not the biological father). They must expect to have primary responsibility, apart from that of the person that gave birth, for the child's upbringing
  • have formally provided 28 days notice to the employer of the date(s) on which they intend to take paternity leave
  • where applicable, have produced evidence supporting the claim for paternity leave

For these purposes, 'partner' in relation to the person that gave birth, means a person who lives with the person that gave birth and the child in an enduring family relationship, but is not a relative.

Adoption within the UK

An employee can take paternity leave when caring for the child or supporting the child's adopter. To qualify, an employee must:

  • have been continuously employed for 26 weeks by the end of the week in which the adopter is formally notified that they have been matched with a child for adoption:
  • be the spouse, civil partner or partner of the child's adopter. They must expect to have the primary responsibility, apart from any responsibility of the adopter, for the child's upbringing
  • have formally notified their employer of the date on which they intend to take paternity leave
  • where applicable, have produced evidence supporting the claim for paternity leave

For these purposes, in relation to a child's adopter:

  • partner - means a person who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter
  • relative - means the adopter's parents, grandparents, siblings, aunt or uncle

Adoption from overseas

An employee can take paternity leave to care for a child adopted from overseas or supporting the child's adopter. To qualify, an employee must:

  • have been continuously employed by us for a period of not less than 26 weeks, either:
    • ending with the week in which the child's adopter received official notification from the relevant domestic authority
    • or, commencing with the week in which their employment began. This covers the possibility that the official notification may have been received a year or more before the child enters the UK, and the employee may have changed employer in this time.
  • be the spouse, civil partner or partner of the child's adopter. They must expect to have the primary responsibility, apart from any responsibility of the adopter, for the child's upbringing
  • have formally notified their employer of the date on which they intend to take paternity leave
  • where applicable, have produced evidence supporting the claim for paternity leave

For these purposes, in relation to a child's adopter:

  • partner - means a person who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter
  • relative - means the adopter's parents, grandparents, siblings, aunt or uncle
  • official notification - means written notice issued by, or on behalf of, the relevant domestic authority saying either:
    • it is prepared to give a certificate to the overseas authority concerned with the adoption of the child
    • it has issued a certificate and sent it to that authority, confirming that the adopter is eligible to adopt and are a suitable adoptive parent

An employee is not entitled to take paternity leave if they have already taken any shared parental leave regarding the same child.

Surrogacy

An employee can take paternity leave if having a child through a surrogacy arrangement. To qualify, an employee must:

  • qualify as the 'legal parent' of the child and eligible for a parental order
  • have been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth. It includes where they would have satisfied this condition but:
    • the child was born before the end of that 15th week
    • was stillborn after 24 weeks of pregnancy
    • has died
  • have formally notified their employer of the date on which they intend to take paternity leave
  • where applicable, have produced evidence supporting the claim for paternity leave

Notification requirements

Birth (including surrogacy births)

Employees intending to take paternity leave must complete the paternity leave and maternity adoption support leave form:

  • by the end of the 15th week before the expected week of childbirth (EWC), or 
  • as soon as is reasonably practicable

Employees must specify:

  • the EWC or, if the birth has already occurred, the date of the child's birth
  • whether the pregnant employee wishes to take one or two weeks' leave
  • when the period of leave will start

Adoption from within the UK

Employees adopting within the UK must give notice in writing of their intention to take ordinary paternity leave. The notice should be no later than seven days after the adoption agency notifies them of their match with a child. The notice must specify:

  • the date they expect the child to be placed for adoption
  • the date the employee intends to start paternity leave
  • the length of the intended paternity leave period
  • the date on which the adoption agency notified them of having been matched with the child

Adoption from overseas

Eligible employees intending to take paternity leave must notify their employer of:

  • the date on which the child's adopter received the official notification
  • the date they expect the child to enter Great Britain

They must give notice:

  • within 28 days of the adopter receiving their official notification
  • within 28 days of the date on which they complete 26 weeks' continuous service, if this is later

Employees must then, or subsequently, give us at least 28 days' advance notice of:

  • when they want their paternity leave to start
  • the length of the intended paternity leave

Employees must inform their manager of the date the child entered Great Britain within 28 days. In all cases, employees may change their paternity leave dates providing they give 28 days' notice.

Employees should give notice to their manager if they intend to take shared parental leave (SPL) immediately after paternity leave. They should provide notice:

  • at the same time they provide notice for paternity leave, or
  • at least eight weeks before they intend their SPL to start

If they wish to take paternity leave and SPL concerning the same child, they will take their paternity leave first.

Commencing paternity leave

Birth

Employees can choose to start their paternity leave on any day of the week from:

  • the date of the baby's birth
  • an agreed number of days or weeks after the date of the baby's birth
  • an agreed number of days after the expected week of childbirth

Employees must complete the leave:

  • within 52 weeks of the baby's actual date of birth
  • if the baby is born early, within 52 weeks after the expected week of birth

An employee is only entitled to one period of leave irrespective of the number of babies born in the same pregnancy. This leave is up to two weeks and can be taken in separate blocks of one week each. An employee may change their leave dates by giving 28 days' notice, unless not reasonably practicable.

Adoption, fostering and surrogacy

Employees can choose to start their paternity leave on any day of the week from:

  • the date of placement
  • an agreed number of days after the date of placement
  • the date the child arrives in the UK or an agreed number of days after (for overseas adoption)
  • the day the child is born or the day after for surrogate parents

In all adoptions, employees must have taken their paternity leave within 56 days of the placement date.

Pay entitlement

Statutory Paternity Pay is:

  • a rate set by the Government for the relevant tax year, or
  • 90 per cent of the employee's average weekly earnings, if this figure is lower than the Government's fixed weekly rate

Employees may be entitled to receive Statutory Paternity Pay if they:

  • have been continuously employed by us for at least 26 weeks by the end of the 15th week before the child is due. In the case of adoption, it is at least 26 weeks by the relevant or matching week
  • have average weekly earnings of over the lower limit for National Insurance contributions
  • are still employed at the time of taking paternity leave

SPP is treated earnings and subject to PAYE and National Insurance deductions.

Statutory Paternity Pay can start from any day of the week from the date the employee begins their paternity leave.

Time off for antenatal appointments

Partners can take unpaid time off for up to two antenatal appointments. They must have a qualifying relationship with a pregnant woman or an expected child. The right to time off is capped at six-and-a-half hours on each occasion.

An employee has a qualifying relationship with a pregnant woman or their expected child if they:

  • are the husband or civil partner of the pregnant woman
  • live with the pregnant woman in an enduring family relationship. This excludes her parent, grandparent, siblings, aunt, or uncle
  • are the father of the expected child
  • are an intended parent in a surrogacy situation. They need to meet certain conditions (for example, a potential applicant for a parental order in respect of the expected child)

The employee must notify their manager if they require leave to accompany their partner to an appointment. The employee must give as much notice as possible. They may request annual leave or flexi-time for the time off work.

Time off to attend adoption appointments

Employees who are adopting a child are entitled to take time off to attend adoption appointments.

Where an employee is part of a couple adopting a child, one of them may attend up to five adoption appointments. We will pay for this time off. The other can elect to take unpaid time off to attend up to two adoption appointments.

The appointments must have been arranged by or at the request of the adoption agency. Employees must take this time off before the date of the child's placement for adoption. Managers may ask employees to prove the date and time of appointments (for example, a letter or email from the adoption agency).

Maternity or adoption support leave

Under NJC conditions, we will grant five days maternity support leave or adoption support leave to the partner or nominated carer of the primary adopter at or around the time of placement. A nominated carer is the person nominated by the primary adopter to assist in the care of the child and to provide support to the primary adopter at or around the time of the placement.

The entitlement to maternity or adoption support leave is five days or one week in any 12-month period. All arrangements for maternity or adoption support leave will need to be agreed between the employee and their line manager, via completion of the paternity leave and maternity adoption support leave application form. The form will need to be countersigned by the pregnant woman or adoptive parent nominating the employee requesting leave as the prime provider of care. Managers may request evidence of the birth or adoption, for example, a copy of the MATB1 (maternity certificate).

Employees taking maternity or adoption support leave who also qualify for paternity leave, will be entitled to:

  • one week’s maternity or adoption support leave at full pay, and
  • one week’s ordinary paternity leave at SPP rates

Maternity or adoption support leave is separate from parental leave.  It is pro rata for part timers.

Shared parental leave

Shared Parental Leave (SPL) lets eligible parents share the care of their child in the year after the child’s birth or adoption. Its purpose is to give parents more flexibility in how to best care for their child. 

If eligible, an employee may be entitled to share up to a maximum of 50 weeks’ SPL during the child’s first year after birth or adoption. This maximum is achieved by the person that gave birth or adopter cutting short their maternity or adoption leave after their two week’s compulsory leave.

SPL enables the person that gave birth and primary adopters to choose to end their maternity or adoption leave and pay early. With surrogacy, the primary adopter refers to the legal parent who has elected to take adoption leave.

Their partner can:

  • take leave equivalent to the balance of maternity or adoption leave and pay
  • or, share the leave with the primary caregiver 

The primary caregiver can choose to continue with her maternity leave and pay. The partner can take off time at the same time using the balance of the primary caregiver's maternity leave as SPL. The primary caregiver and their partner may choose to take the leave and pay at different times and at a later date. 

Both parents should liaise with their respective employers as early as possible. 

Eligibility  

Only the primary caregiver and the partner of the child can share SPL. Both parents must share responsibility for the care of the child at the time of the birth or placement for adoption.

Check if you are eligible for SPL on GOV.uk.

The primary caregiver's eligibility for SPL

The primary caregiver is eligible for SPL if they:  

  • have been employed by us for a continuous period of 26 weeks by the end of the 15th week before the expected week of childbirth or placement. They must remain in employment with us until the week before any period of SPL
  • have the primary responsibility for the care of the child, apart from the partner
  • are entitled to statutory maternity or adoption leave in respect of the child
  • comply with the maternity or adoption leave requirements as well as the SPL notice and evidence requirements. This includes returning to work before the end of statutory maternity or adoption leave 

Also, their partner must:  

  • have been employed or been a self-employed earner for 26 of the 66 weeks before the expected week of childbirth or placement
  • have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks 
  • have the primary responsibility for the care of the child, apart from the primary caregiver

Partner's eligibility for SPL

The partner is eligible for SP if they:  

  • have been employed by us for a continuous period of 26 weeks by the end of the 15th week before the expected week of childbirth or placement. They must remain in employment with us until the week before any period of SPL
  • have the primary responsibility for the care of the child, apart from the primary caregiver
  • comply with the SPL notice and evidence requirements

Also, the primary caregiver must:  

  • have been employed or been a self-employed earner for 26 of the 66 weeks before the expected week of childbirth or placement
  • have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks 
  • have the primary responsibility for the care of the child, apart from the primary caregiver
  • be entitled to statutory maternity or adoption leave, pay or maternity allowance in respect of the child
  • comply with the maternity leave or pay curtailment requirements. This includes returning to work before the end of statutory maternity leave 

Notification requirements  

If an employee wishes to take SPL in respect of a child, they must make three notifications:

  1. A notice from the primary caregiver ending or shortening their maternity or adoption leave to create SPL (a curtailment notice)  
  2. An SPL opt-in notice (if they are primary caregiver), or an SPL opt-in notice 3 (if they are the partner), confirming their entitlement to SPL and an intention to take it 
  3. A booking notice confirming that they wish to book a period of SPL  

Step 1: A curtailment notice 

If an employee is the person that gave birth, they can opt into the SPL scheme. They must give at least eight weeks' written notice to end the maternity or adoption leave before they or their partner can take SPL. 

This 'curtailment notice' must state the date the maternity or adoption leave will end. Individuals can give the notice before or after they give us the birth or placement date. They cannot finish the maternity or adoption leave until at least two weeks after birth or placement date. 

At the same time as submitting the curtailment notice, employees should give us:

  • notice to opt into the SPL scheme
  • a written statement that the other parent has given their employer an opt-in notice that includes the necessary declarations

The curtailment notice is binding. If the maternity or adoption leave has not yet ended, an employee can only revoke it if:

  • they or their partner become aware that they are not eligible for SPL or statutory shared parental pay. In this case, they can revoke the notice in writing up to eight weeks after giving it
  • in a birth case, the employee gave the curtailment notice before the birth of the child. In this case, they can revoke the notice in writing up to six weeks after the birth
  • if the other parent has died

Once an employee has revoked a curtailment notice, they cannot opt back into the SPL scheme. The only exception is where the employee gave the notice before the birth of the child.

Step 2: Opt-in notice 

Employees who wish to take SPL must notify their manager at least eight weeks before the date they want to start leave. They must provide:

  • information about their own and their partner’s plans for SPL
  • declarations that they and their partner both meet the statutory conditions to enable them to take SPL and Shared Parental Pay (SHPP) 

We reserve the right to request further evidence of eligibility, such as:

  •  contact details for the partner’s employer if they have one
  • a copy of the birth or matching certificate

If we make such a request, the employee must provide this information within 14 days.  

Step 3: Booking notice 

Employees must also give notice to book and take the leave requested. In many cases, they will provide this at the same time as the opt-in notice. They must submit each request at least eight weeks before the date they wish to start their leave and, if applicable, receive ShPP. 

An employee may submit up to three booking notices for three separate periods of SPL. If they give notice to vary or cancel a period of leave, this will count as a further period of leave notice in most cases. If the SPL booking notice requests a single continuous period of SPL, they will be entitled to take their leave in this way.   

An SPL booking notice may contain a request for split periods of SPL, with periods of work in between. Managers may:

  • approve the request for discontinuous leave and confirm this in writing
  • arrange to meet with the employee to discuss their request within two weeks of receiving it. The manager will confirm any arrangements in writing

Managers may refuse requests for discontinuous periods of leave where there are business reasons to do so. If this is the case, they will explain the reasons why.  

Managers may refuse the leave pattern an employee requests. If they reach no agreement with the employee during the two-week timeframe, the employee can: 

  • withdraw the leave booking request within two days of the end of the two-week timeframe. It will not count and the employee may submit a new one 
  • or, take the total leave requested in one continuous period starting on the start date given in the notice 
  • or, choose a new start date, which must be at least eight weeks after giving the original booking notice. The employee must tell us within five days of the end of the two-week timeframe. 

When SPL can start 

  • The person that gave birth can take SPL after the compulsory two weeks of maternity leave after the birth of the child.
  • The adopter can take SPL after taking at least two weeks of adoption leave.
  • The partner can take SPL at any time following the birth or placement of the child. They may first choose to exhaust any paternity leave entitlements. This entitlement will be lost if they take SPL first. 
  • A primary caregiver can give notice of the date to end their leave. The partner can take SPL while the person that ave birth or adopter is still using their entitlements.
  • SPL will typically commence from the starting date on the employee's booking notice or subsequent variation notice This is unless the employee has requested a discontinuous period of leave which we cannot accommodate.

How employees can take SPL

  • Employees must take any SPL within 52 weeks of the birth or placement of the child
  • SPL not taken before the first birthday or first anniversary of placement for adoption is lost
  • SPL can only be taken in complete weeks but may begin on any day of the week
  • Employees can request to take SPL as one continuous period or as several discontinuous periods 

Variations to arranged SPL 

Employees can vary or cancel an agreed and booked period of SPL. They must inform their manager, in writing, at least eight weeks before the original or new start date. Any new start date cannot be sooner than eight weeks from the date of the variation request. 

Any variation or cancellation notification, including notice to return to work early, will usually count as one of the three booking notices. This reduces the employee's right to book or vary leave by one.

However, it will not count as a booking notice if the change is:

  • due to a child being born early
  • due to management requesting the change and the employee agreeing

We will confirm any variation in writing.   

Benefits and contract of employment during SPL 

An employee's terms and conditions of employment remain in force during SPL, except those relating to pay. In particular: 

  • the employee will receive ShPP instead of usual salary and contractual allowances
  • annual leave will continue to accrue 
  • any period of SPL counts as a period of continuous employment for statutory and contractual purposes

Returning to work 

An employee's return-to-work date is the first working day after the end of SPL. The booking notice will specify this.

Employees may return to work before the expected end date of the SPL period. They must give their manager at least eight weeks’ written notice. This will count as one of their three SPL booking notices. 

If they have already used their three booking notices, managers do not have to accept a request to return to work early. They may postpone the return date until eight weeks after the notice was given. 

If the statutory total of SPL is fewer than 26 weeks, employees are entitled to return to the same job.

If the statutory total of SPL is more than 26 weeks, employees are entitled to return to the same job held before their last period of leave. If this is not practical, we will try to offer a suitable role with similar terms and conditions.

Where employees are unable to return to work after SPL due to sickness or injury, we will apply the Sickness absence policy. If an employee fails to return on the date expected for any other reason, we will treat it as an unauthorised absence. 

Shared Parental Leave In Touch’ days

Our employees may work for up to 20 Shared Parental Leave In Touch (SPLIT) days during their SPL. These can include training and help employees to keep in touch without losing ShPP. 

  • employees and their managers must agree on any SPLIT days
  • employees can choose how long they work for on SPLIT days. Whether they come into the office for one hour or a full working day, we will count it as one SPLIT day 
  • the SPLIT day will not bring SPL to an end, nor extend the period of leave
  • neither employees nor managers can demand that SPLIT work is undertaken
  • we will pay employees at their regular daily rate for each SPLIT day worked, without losing any statutory pay 
  • employees may use SPLIT days to enable a gradual return to work or trial a part-time working arrangement. This must be with their manager's agreement
  • managers must complete the SPLIT day form so that appropriate payment can be arranged.  They should send the completed form to payroll

Ordinary Parental Leave

Every employee who is the parent of a child aged under 18 can take up to 18 weeks' unpaid Ordinary Parental Leave (OPL). They can take this before, or on the date of, the child's 18th birthday.

OPL is distinct from shared parental leave.

Eligibility  

To qualify for OPL, employees must complete one year's continuous service with us. 

Parents may take part of their OPL with one employer and then change employer. However, they may not take the rest of their OPL until they have worked for their new employer for at least one year. 

We may ask for evidence of the amount of OPL already taken with one or more previous employers.

Notification requirements  

Employees must give 21 days' written notice of the intended dates to take leave. 

Managers can postpone the leave for up to six months if the business would face significant disruption. 

Managers cannot postpone the leave when the employee wishes to take it immediately after a child is born or is placed with a family for adoption. 

Employees wishing to take OPL should always discuss it this with their manager first. 

Leave entitlement 

Qualifying employees can take up to 18 weeks' OPL up until the child's 18th birthday. 

The right to a period of unpaid parental leave is available in respect of each child. For example, if an employee has two children under 18, they may take 18 weeks' unpaid parental leave in respect of each child. 

Employees must take OPL in blocks or multiples of 1 week. Parents of disabled children can take leave in blocks or multiples of one day.  

Employees can take a maximum of four weeks' OPL in one year in respect of an individual child.

During OPL, employees will remain employed, although we will suspend pay and most contractual benefits. However, the right to accrue statutory holiday entitlement will remain in place. 

During parental leave, employees are entitled to:

  • the implied obligation of trust and confidence
  • any terms and conditions of employment relating to: 
    • notice of termination
    • disclosure of confidential information
    • the acceptance of gifts or other benefits
    • participation in any other business

Dependents leave and parental bereavement

Additional entitlements to time off such as dependants leave, and parental bereavement leave, apply to parents.  

Dependants leave is paid leave to allow employees time off for emergencies related to the care of any dependents. It may be that the employee needs to make alternative arrangements for care, at short notice, to then return to work. This provision is intended for short-term emergencies. 

Employees that suffer the death of a child are entitled to parental bereavement leave of up to two weeks. This provision applies to employees who have suffered the loss of a child. For example, a child under the age of 18 or a stillbirth after 24 weeks of pregnancy. 

For further details, read our Leave and time off policy.