In all cases the employee must have, or expect to have, the main responsibility (apart from the birth mother/adopter) for bringing up the child, and intend to take time off to look after the child.
To be eligible for paternity leave an employee must:
- have started work with the University before the EWC/expected week of placement of the child, and before any period of leave begins;
- continue to be employed by the University up to the birth/adoption of the child
- give the correct notice to their department (see below).
If an employee meets all of the above criteria and their contract of employment will continue for the whole period of the planned leave, they will qualify for the University’s contractual paternity pay scheme, under which an employee is entitled to receive up to two weeks’ pay paid at their normal full-rate of pay. Since the introduction of 'day one' family leave entitlements in January 2020, any employee who has started work with the University by the EWC will be eligible for contractual pay whether or not they meet the statutory paternity pay criteria which are:
- to have been employed by the University for at least 26 weeks by the end of the qualifying week (for adoptions, this is the week in which the adoptive parents receive notification that they are matched with a child)
- and earn a salary equivalent to the Lower Earnings Limit (LEL) or more (an amount set by the government) a week
Where statutory pay criteria are met, statutory paternity pay is incorporated into the full pay, it is not paid in addition to full pay. Where statutory pay is not due, departments cannot offset this portion of the payment, but the individual continues to receive full pay.
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