Paternity Leave Procedure

Paternity Leave Procedure Paternity Leave Procedure Page: Page 1 of 20

Recommended by Approved by Executive Management Team Executive Management Team Approval date 20 May 2015 Version number 3.0 Review date May 2018 Responsible Director Responsible Manager (Sponsor) For use by Director of Organisational Development Strategic HR Manager All Trust employees This procedure is available in alternative formats on request. Please contact the Corporate Governance Assistant on 01204 498379 Paternity Leave Procedure Page: Page 2 of 20

Change record form Version Date of change Date of release Changed by Reason for change 0.1 31 March 2009 31 March 2009 L Wynne Document Creation 1.0 October 2009 October 2009 L Wynne Approval by EMT 1.1 20 January 2012 20 January 2012 C Binns Amendment of existing document 1.2 15 February 2012 15 February 2012 C Binns Policy Group 2.0 8 May 2012 8 May 2012 E Forsyth Approval by EMT 2.1 1 May 2015 1 May 2015 V Camfield Review of procedure by Policy Group 3.0 20 May 2015 1 June 2015 V Camfield Approval by EMT Paternity Leave Procedure Page: Page 3 of 20

Paternity Leave Procedure Contents 1. Introduction... 5 2. Purpose... 5 3. Scope... 5 4. Roles and Responsibilities... 6 5. Ordinary Paternity Leave... 7 6. Shared Parental Leave... 10 7. Return to Work... 10 8. Flexible Working... 10 9. Monitoring of Compliance... 11 Appendix 1: Ordinary Paternity Leave... 12 Appendix 2: Change of Ordinary Paternity Leave Notification Form... 14 Appendix 3: Equality Impact Assessment Report... 16 Paternity Leave Procedure Page: Page 4 of 20

1. Introduction 1.1 This document outlines the Paternity Leave Procedure for the North West Ambulance Service NHS Trust (the Trust). The Trust recognises the important role a father or partner can play in the upbringing of a child and offers all eligible employees their statutory paternity leave and pay entitlements in line with Agenda for Change National Terms and Conditions Handbook, Employment Act 2002 and the Works and Families Act 2006, the Paternity and Adoption Leave (Amendment) Regulations 2014 and the Children and Families Act 2014. 1.2 The Trust also operates an enhanced NHS contractual scheme, which is open to employees, subject to additional criteria not required under statutory arrangements. 2 Purpose 2.1 The purpose of this procedure is to ensure statutory and contractual requirements are met in respect of Paternity Leave. It also aims to provide a consistent and equitable approach to the management of Paternity Leave, in the context of the guidance already provided within the national Agenda for Change Terms and Conditions Handbook. 2.2 It also aims to inform staff of their entitlements when on Paternity Leave. 3 Scope 3.1 The procedure applies to all Trust staff who have the responsibility for bringing up a child. This can be the biological father, the mother s husband or partner (including same-sex couples) or one member of a couple who have jointly adopted a child. 3.2 This procedure should be read in conjunction with other NWAS Policies and Procedures which provide opportunities for flexible working and special leave, in particular: Special Leave Procedure Flexible Working Procedure Maternity Leave Procedure Adoption Leave Procedure Shared Parental Leave Procedure Paternity Leave Procedure Page: Page 5 of 20

4. Roles and Responsibilities 4.1 Employees 4.1.1 To read the Procedure and meet the requirements in respect of applications and timescales; ensuring that they are aware of the implications on their terms and conditions, including their pay, arising from Paternity Leave. 4.1.2 To notify the Trust of their partner s pregnancy or potential adoption at the earliest opportunity, in order for the Trust to be able to plan for their absence at the appropriate time. 4.1.3 To provide the required documentation at the appropriate time in order to secure their statutory and contractual entitlements. 4.1.4 To maintain agreed and professional contact with their line manager during the Paternity Leave and notifying them of any changes to personal circumstances which could affect their planned return to work, if applicable. 4.2 Line Manager 4.2.1 To be aware of the statutory and contractual entitlements for eligible employees as set out within this procedure. 4.2.2 To maintain contact with the employee during their Paternity Leave if required and as at agreed times. 4.2.3 To complete appropriate documentation to ensure that the Paternity Leave is effectively managed through ESR and payroll. 4.3 Human Resources 4.3.1 To advise managers and staff on the content of the procedure and to support a consistent approach to decision making. 4.3.2 To monitor application of the Procedure. Paternity Leave Procedure Page: Page 6 of 20

4.3.4 To ensure the Procedure is in line with employment legislation, best practice and NHS guidelines. 5 Ordinary Paternity Leave 5.1 Eligibility 5.1.1 An employee is eligible for ordinary paternity leave if they satisfy all of the following conditions: They are the biological father, the mother s husband or partner (including same-sex couples) or one member of a couple who have jointly adopted a child. They have worked for the NHS for a minimum of 26 weeks by the Notification week (see Section 5.5.2 for a definition of the Notification week) They have or expect to have responsibility for the upbringing of the child They have given the correct notice 5.1.2 Employees who meet the eligible criteria as detailed above are entitled to either one continuous period of up to 2 weeks paternity leave, or 2 separate periods of 1 week. Paternity leave must be taken in minimum blocks of 1 week. 5.1.3 Only one period of paternity leave is available in the event of a multiple birth arising from the same pregnancy. 5.1.4 Paternity leave cannot commence until the actual onset of labour or actual date of the adoption placement. 5.1.5 Paternity leave must be taken within 56 days of the birth or adoption placement. However the leave can commence on any day of the week and the employee can choose whether to take the leave as follows: On or following the child s birth (even if this is earlier or later than expected) From the date of the adoption placement From a chosen date after either of these 5.1.6 Reasonable paid time off to attend ante-natal classes or official adoption meetings will also be allowed. Paternity Leave Procedure Page: Page 7 of 20

5.2 Ordinary Paternity Pay (NHS Contractual) 5.2.1 An employee will be entitled to NHS Contractual Ordinary Paternity Pay during their Ordinary Paternity Leave is they satisfy all of the following conditions: They have 12 months continuous NHS service at the beginning of the Notification week. They have met the notification requirements as outlined in Section 5.5 including notification of the date they wish to commence Paternity Leave. 5.2.2 The rate of NHS Contractual Ordinary Paternity Pay is full pay less any statutory paternity pay receivable. 5.3 Ordinary Paternity Pay (Statutory) 5.3.1 An employee will be eligible for Statutory Ordinary Paternity Pay (SPP) if they satisfy all of the following conditions: They employee has at least 26 weeks continuous NHS service at the beginning of the Notification Week. Their average weekly earnings in the 8 weeks prior to the Notification week is at least the lower earnings limit for National Insurance Contributions. They have met the notification requirements as outlined in Section 5.5. 5.3.2 The rate of SPP is as set by the government or 90% of full pay (as calculated using the average weekly earnings in the 8 weeks prior to the notification week), whichever is the lower amount. 5.4 Contractual Rights 5.4.1 During ordinary paternity leave, an employee retains all of their contractual rights, except remuneration. 5.4.2 Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Superannuation Regulations. 5.5 Notification Requirements Paternity Leave Procedure Page: Page 8 of 20

5.5.1 Employees are encouraged to notify the Trust of their partner s pregnancy or likely adoption placement at the earliest opportunity. This enables managers to plan accordingly. 5.5.2 In order to receive their entitlements, an employee is required to formally notify the Trust of their intention to take Ordinary Paternity Leave. This must be done by the end of the 15 th week before the Expected Week of Childbirth or, in the case of adoption, within 7 days of being notified by the adoption agency that they have been matched with a child. This is called the notification week. 5.5.3 It is anticipated that the majority of employees would be able to comply with this requirement. If not, they must have acceptable mitigating circumstances, such as premature birth. Such cases would be looked at on their own merits. 5.5.4 The employee must complete the Ordinary Paternity Leave Notification form (Appendix 1) by the notification week at the latest. The employee must also inform the Trust of the amount of leave they wish to take. 5.5.5 However, the Trust recognises that the actual date that paternity leave will commence needs to be flexible and, potentially, can commence at short-notice. It is essential that employees maintain contact with their manager and keep them informed of any developments regarding the commencement of their paternity leave. Once the employee returns to work, they must complete the Change of Ordinary Paternity Leave form (Appendix 2). 5.5.6 Once the Trust receives the employee s Ordinary Paternity Leave Notification form they will respond in writing within 28 days. This letter will provide the following details: Confirmation that the employee is entitled to Ordinary Paternity Leave and also confirm the employee s paid entitlements The expected commencement date of the period of Ordinary Paternity Leave (however, the Trust does recognise that this will need to be flexible). Paternity Leave Procedure Page: Page 9 of 20

6 Shared Parental leave 6.1 As of 1 April 2015, parents can choose to care for a child during their first year of birth or adoption using Shared Parental Leave. Further information on Shared Parental Leave and Shared Parental Pay can be found in the Trust s Shared parental Leave Procedure. 7 Return To Work 7.1 If an employee returns after Ordinary Paternity Leave, they have the right to return to the same role under their original contract and on no less favourable terms and conditions. 7.2 If an employee is taking Additional Paternity Leave in addition to Ordinary Paternity Leave, they must inform the Trust of the date they intend to return to work when they request Additional Paternity Leave. 7.3 If an employee on Additional Paternity Leave wishes to return to work before the expected date of return, they must give at least 28 days notice. 7.4 If an employee takes 26 weeks or less Additional Paternity Leave, they have the right to return to the same role under their original contract and on no less favourable terms and conditions. 7.5 If an employee takes more than 26 weeks Additional Paternity Leave, they should be able to return to their original job. If this is not reasonably practicable, then they must return to a suitable alternative job. 8 Flexible working 8.2.1 If an employee wishes to return to work on flexible working arrangements, the Trust has a duty to consider the requests. 8.2.2 If an employee wishes to apply for flexible working arrangements, they must follow the procedure within the Trust s Flexible Working Procedure. 8.2.3 If a flexible working request is refused by the Trust under the provisions within the Trust s Flexible Working Procedure, this will not affect the employee s return to her original job as outlined in Sections 7.1, 7.4 and 7.5. Paternity Leave Procedure Page: Page 10 of 20

9 Monitoring of Compliance 9.1 The Director of Organisational Development is responsible for monitoring overall compliance with this procedure. 9.2 Individual Heads of Human Resources will monitor compliance with the procedure through review of individual applications and appeals. Any concerns noted by the Heads of HR will be reported to the Director of Organisational Development. 9.3 The Procedure will be available to all staff on the intranet and will also be retained in Human Resources. Paternity Leave Procedure Page: Page 11 of 20

Appendix 1: Ordinary Paternity Leave Notification Form Please note that to qualify for ordinary paternity leave, this form must be completed and returned to your Manager by the end of the 15 th week prior to the Expected Week of Childbirth or within 7 days of you being informed that you have been matched with a child/children for adoption. Name Post Held Department / Station Assignment Number NHS Continuous Service Start Date Home Address Telephone Number E-mail address Expected date of childbirth/placement Intended date of commencement of Paternity Leave Number of weeks requested (delete as appropriate): One/two continuous weeks/two separate weeks I declare that I am: The biological father/co-adopter or o Married to the mother of the child or o Living with the mother in an enduring family relationship, but am not an immediate relative I will have responsibility for the upbringing of the child I will be taking time off work to support the mother and care for the child Paternity Leave Procedure Page: Page 12 of 20

Signed Name (Printed) Date For Line Manager s use only (please complete Manager s checklist): Signature of Line Manager: Date Received: For HR Department s use only: Signature received by HR Dept.: Date Received: Paternity Leave Procedure Page: Page 13 of 20

Appendix 2: Change of Ordinary Paternity Leave Notification Form Please note that if you wish to alter the start date of your ordinary paternity leave, you should provide at least 28 days notice, as long as it is reasonably practicable to do so. Name Post Held Department / Station Assignment Number NHS Continuous Service Start Date Home Address Telephone Number E-mail address Expected date of childbirth/placement Original intended date of commencement of Ordinary Paternity Leave New intended date of commencement of Ordinary Paternity Leave Signed Name (Printed) Date Paternity Leave Procedure Page: Page 14 of 20

For Line Manager s use only (please complete Manager s checklist): Signature of Line Manager: Date Received: For HR Department s use only: Signature received by HR Dept.: Date Received: Paternity Leave Procedure Page: Page 15 of 20

Appendix 3: Equality Impact Assessment Report Name of Policy, Service or Function Paternity Leave Procedure Equality Impact Assessment carried out by Vickie Camfield, Strategic HR Manager Date of Equality Impact Assessment 13 May 2015 Step 1: Description and Aims of Policy, Service or Function Overall Aims To ensure that the Trust meets its statutory and contractual requirements with respect of Paternity Leave. It also aims to provide a consistent and equitable approach to the management of Paternity Leave and also to inform all staff of their entitlements when on Paternity Leave. Key elements of Policy, Service, Process To provide information to employees regarding both statutory and contractual entitlements, including pay and leave, whilst on Paternity Leave. To provide information to employees regarding their entitlements on their subsequent return to work if applicable To outline the responsibilities of management, employees and HR in the administration and management of Paternity Leave Who does the policy, service or function affect? Employees of the Trust Managers How do you intend to implement the policy or service change (if applicable?) To be approved by the Board of Directors Available on Trust Intranet/Internet Copy available on all sites Disseminated to all Managers Communicated in NWAS Bulletin/Management Brief Supported by Management Guidance and Frequently Asked Questions Paternity Leave Procedure Page: Page 16 of 20

Step 2: Data Gathering Summary of data available and considered Agenda for Change National Terms and Conditions Handbook Employment Act 2002 Works and Families Act 2006, Paternity Adoption Leave (Amendment) Regulations 2014] The Children and Families Act 2014 Outcomes of Data Analysis Equality Group Gender Race/Ethnicity Disability Sexual Orientation Religion or belief Age General (Human Rights) Evidence of Impact Available irrespective of gender but data suggests likely to be used more frequently by men Impact on persons who do not have English as their first language As the procedure is a written document, there may be an impact on those with visual impairment or those with conditions such as dyslexia. Available for same sex couples No Impact No Impact No Impact Step 3: Consultation Summary of Consultation Methods The revised policy and procedure has been consulted on with HR and Trade Union representatives through the Policy Group. The policy has also been through a management approval process. Outcomes of Consultation Equality Group Gender Race/Ethnicity Disability Sexual Orientation Religion or belief Evidence of Impact No Impact May be required in alternative language formats May impact on the visually impaired and persons with learning difficulties or mobility problems No Impact No Impact Paternity Leave Procedure Page: Page 17 of 20

Age General (Human Rights) No Impact No Impact Steps 4 & 5: Impact Grid Relevant Equality Area Gender Race/Ethnicity Areas of impact identified Likely to have greater impact on men as data shows more likely to access policy May impact on persons who do not have English as their first language Disability Impacts on visually impaired persons / persons with learning difficulties / those with limited mobility Sexual Applies equally to all groups Orientation Religion or belief No adverse impact Age General (Human Rights) No adverse impact None Is the impact positive or negative? Positive Negative Negative Positive Key issues for action [Will form basis of action plan] meeting with managers will ensure full understanding of content of procedure Available in other formats where requested Paternity Leave Procedure Page: Page 18 of 20

Step 6: Action Plan Issue identified and equalities group or communities affected Language barrier Disability Name of Policy or Service: Paternity Leave Policy Action to be taken By When Who By Expected outcome Progress Managers to check understanding and meet to explain procedure content if issues with reading language Managers to check understanding and meet to explain procedure content if issues with reading As requested Manager Employee has an understanding of procedure As requested As requested Local Manager Large print version produced Alternative format provided / explanation given None None Summary of Decisions and Recommendations Production in alternative formats / one to one explanation given for persons who require it on request Paternity Leave Procedure Page: Page 19 of 20

Step 7: Monitoring Arrangements Continued support, training and communication to ensure that the diversity issues identified are highlighted, and managed appropriately Continued improvements in the monitoring of data to capture any emerging issues and to inform the review and next EIA. Step 8: Date of Next Equality Impact Assessment At next review of procedure. Paternity Leave Procedure Page: Page 20 of 20