Paternity Leave Policy
Purpose
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This policy sets out Wilson Vale Catering’s commitment to ensure a consistent and supportive approach to paternity across the business and to increase awareness about the provisions available for employees who are going to have a child.
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This policy sets out the provision for paternity leave and paternity pay for eligible employees.
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This policy does not form part of an employee’s contract of employment and Wilson Vale Catering may amend this policy at any time.
Paternity Leave
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Following the birth of their child, eligible employees can take up to two weeks paid paternity leave to care for the child and / or to support the other parent.
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Please note some employees may be entitled to enhanced paternity leave entitlement in line with their contract of employment.
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The employee can only take paternity leave to care for their new baby or to support the new baby, not for any other reason.
The employee is eligible for Ordinary Paternity Leave (OPL) if they have or expect to have responsibility for the baby’s upbringing and is either one or more of the below:
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The father.
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The parent’s spouse or partner. ‘Partner’ in this context means a person (whether of a different sex or the same sex) who lives with the parent, or adopter and the child in an enduring family relationship, but who is not a relative of the parent or adopter.
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The child’s adopter (please also refer to Wilson Vale Catering’s Adoption Policy for further guidance).
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The intended parent (if there is a surrogacy arrangement).
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Have been continuously employed by Wilson Vale Catering for at least 26 weeks up to any day in the qualifying week. The qualifying week is the 15th week before the baby is due.
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Paternity Leave Duration
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The employee can either take one week or two consecutive weeks ordinary paternity leave. It cannot be taken as odd days or as two separate weeks. A week is the same amount of days normally worked in a week.
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The employee can only take one period of ordinary paternity leave even if more than one baby is born as a result of the same pregnancy.
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An employee cannot take paternity leave before the birth of the baby and can only start on one of the following:
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The actual date of birth.
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An agreed number of days after the birth.
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An agreed number of days after the expected week of childbirth
Paternity leave must be taken before the start of any shared parental leave or the entitlement to paternity leave will be lost.
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Paternity Pay
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To qualify for paternity pay, an employee must meet all the following criteria:
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Be employed up to the date of birth.
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Complete at least 26 weeks of continuous service with Wilson Vale Catering by the end of the qualifying week i.e. the 15th week before the expected week of confinement (EWC).
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Have average earnings above the lower earnings limit for National Insurance contributions during the 8-week period prior to the end of the qualifying week.
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Have followed the correct application process as set out in this policy.
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If an employee meets the above criteria, they will be entitled to Statutory Paternity Pay (SPP). SPP is a state benefit for employees on paternity leave, the conditions for which and the amount of which are determined by the Government, but it is paid by the employer as follows:
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SPP is paid at the Standard Statutory Paternity Pay Rate or 90% of the individual’s average earnings if this is less.
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Any money is paid in the same way as wages and tax and national insurance will be deducted.
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Average earnings are calculated based on earnings over the 8-week period prior to the end of the qualifying week.
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SPP may start on any day of the week. If an employee is not eligible for SPP, Wilson Vale Catering will let the employee know and provide a copy of the reasons why through an SPP1 Form within 28 days of receiving the application.
Any enhanced paternity pay will be paid in line with an employee’s contractual entitlement.
Applying for Paternity Leave and Pay
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To apply for paternity leave, the employee must notify Wilson Vale Catering in writing no later than the end of the 15th week before the week that their baby is due or as soon as is reasonably practicable with the following information:
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The Expected Due Date (EDD).
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When they intend the paternity leave to start.
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How much paternity leave intend to take.
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A copy of their partner’s MAT B1 Form.
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Employees can change the date they want their paternity leave to start providing they give their Manager at least 28 days’ notice (unless this is not reasonably practicable).
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A precise date does not have to be given, instead a general time such as the day of the birth or one week after the birth can be provided.
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Paternity leave and / or paternity pay can be delayed if the employee does not have a reasonable reason for providing insufficient notice. Wilson Vale Catering will write to the employee confirming the reasons for the delay.
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Terms and Conditions During Paternity Leave
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During a period of paternity leave an employee is entitled to receive all of their normal terms and conditions of employment with the exception of remuneration.
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During the period of paternity leave employees will continue to accrue annual leave, including bank holidays in the normal way and continuity of service will be maintained.
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Statutory Parental Bereavement Leave
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An employee may be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay if their partner either:
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Has a child who has died under 18 years old
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Had a stillbirth after 24 weeks of pregnancy
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An employee can take 2 weeks’ leave from the first day of their employment for each child who has died or was stillborn. They can choose to take:
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2 weeks together
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2 separate weeks of leave
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Only one week of leave
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The leave can start on or after the date of the death or stillbirth and must finish within 56 weeks of the date of the death or stillbirth.
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An employee has 56 weeks to take Parental Bereavement Leave. This starts from the date of the child’s death.
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The 56 weeks is split into 2 periods:
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From the date of the death or stillbirth to 8 weeks after
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9 to 56 weeks after the date of the death or stillbirth
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They can take 2 weeks’ leave in one block or as 2 separate blocks of one week and provide the following notice:
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0 - 8 weeks after the child’s death or stillbirth - an employee must give notice before the time they would normally start work on the first day of the period they want to take off work
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9 - 56 weeks after the child’s death or stillbirth - an employee must give at least one week’s notice before the start of the week or weeks they want to take off work
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An employee should inform:
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The date of the child’s death or stillbirth
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When they want their Parental Bereavement Leave to begin
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How much leave they are taking - either 1 or 2 weeks
Statutory Parental Bereavement Pay for an eligible employee is either £184.03 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.
An employee must ask for Statutory Parental Bereavement Pay within 28 days, starting with the first day of the week they want to claim pay for. They must provide writing (for example, a letter or email) each time:
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The dates of the period the want to claim Statutory Parental Bereavement Pay.
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Their name.
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The date of the child’s death or stillbirth.
The employee will also need to provide a self-declaration to confirm they are eligible because of their relationship to the child or baby - they only need to provide this once when they first ask for pay.
An employee can cancel their Statutory Parental Bereavement Pay if they provide Wilson Vale Catering more than the required notice for claiming pay. If the pay was due to start within 8 weeks of the child’s death or stillbirth, they must give Wilson Vale Catering notice on the first day of the week of pay they wish to cancel. If the pay was due to start 9 weeks or later after the child’s death or stillbirth, they must tell Wilson Vale Catering they want to cancel one week before their pay was due to start.
Please note that employees also have access to Wilson Vale Catering’s Employee Assistance Programme (EAP) which can be accessed by contacting on 0808 802 211. The service is entirely confidential and allows the opportunity to discuss any concerns with someone out with the business.
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Antenatal Care and Adoption Appointments
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Employees can take unpaid leave to accompany their pregnant partner to antenatal appointments if they are:
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The baby’s father
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The expectant parent’s spouse or civil partner
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In a long-term relationship with the expectant parent
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The intended parent (if they’re having a baby through a surrogacy arrangement)
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An employee can accompany their partner to up to two appointments of up to six and a half hours each. If the employee is adopting a child, they are entitled to time off to attend up to two adoption appointments after being matched with a child.
The employee must be prepared to show Wilson Vale Catering on request a copy of the appointment card / letter or some other documents showing an appointment has been made.
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Flexible Working
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Employees who wish to request a variation to their working pattern on return from paternity leave have the right to request flexible working.
