Statutory Paternity Leave

Information about the 2 week paternity leave entitlement available to new fathers/partners of new mothers through the statutory scheme

Summary

All employees have a statutory entitlement to 2 weeks' paternity leave during the first year after a child is born or placed for adoption. The pay that employees receive during this statutory leave is usually made up of two elements: a statutory pay rate and a University enhancement which effectively ‘tops up’ the statutory pay rate so that employees continue to receive their normal full rate of pay during their leave.

The University of Oxford Additional Paternity/Partner Leave (OUAPPL) scheme offers eligible employees up to an additional 10 weeks of leave at the rate of full pay – for information about this see [add link]. 

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Statutory Paternity Leave is up to 2 weeks leave to care for a new child.

  • Leave can be taken any time within the first 52 weeks starting from the date the baby is born/placed. (Parents wishing to take leave before the child is born/placed may use annual leave, or unpaid leave - see information for parents for more options)
  • The leave must be taken in whole weeks – any part weeks of leave taken are considered to be a whole week of entitlement (ie if an employee wishes to only take 2 days of a specific week as leave they will still have used up 1 week of their 2 weeks’ entitlement)
  • Leave can be taken as a single week, 2 x separate 1 week blocks or as 2 weeks together.
  • In the event of a multiple birth, or the adoption of 2 or more children together no additional leave is provided.

During any period of Statutory Paternity Leave, employees may qualify for Statutory Paternity Pay if they:

  • have been employed by the University for at least 26 weeks by the end of any day in the 15th week before the Expected week of Childbirth which is referred to as the qualifying week (for UK adoptions, this is the week in which the adoptive parents receive notification that they are matched with a child.  For overseas adoptions see Paternity pay and leave adoption,)
    and 
  • earn a salary equivalent to the Lower Earnings Limit (LEL) or more a week. See the Gov.uk website for more information.

Employees who don’t meet these eligibility criteria but who have commenced employment before the birth or placement of their child may still qualify for paid leave through the University’s own ‘Day One’ scheme, see below.

If you are eligible for Statutory Paternity Pay this will be ‘topped-up’ by the University so that you continue to receive your normal rate of full pay during your leave (ie statutory pay is included within normal full pay and not paid in addition.)

If you are not eligible for Statutory Paternity Pay you may still be eligible for up to 2 weeks Statutory Paternity Leave paid at the rate of full pay through the ‘Day One’ scheme which allows University employees to access to family leave benefits, as long as:

  • you started employment with the University at least one day before the Expected Week of Childbirth (EWC) or expected week of placement of the child, or actual date of birth of the child;
  • you have given the correct notice to your department (see below); and
  • you have a contract of employment which will continue for the whole period of the planned leave.
  • And you intend to return to work after the period of leave ends, and remain employed for at least 3 months.

Find out more about the Day One Scheme 

If you intend to take Statutory Paternity Leave you must tell your department at the latest during the Qualifying Week which is the 15th week before the EWC, or the date you were matched with a child for adoption. You do this by downloading the Paternity Leave Plan and completing Part A, and returning it to the Head of Administration and Finance (or equivalent) or departmental HR contact in good time.

If that is not possible, for example because the baby is born prematurely or if you started your employment after this date and are qualifying under the Day One scheme, then you must complete the plan as soon as possible (you can do this before you start work).

Complete Part B of the Paternity Leave Plan to book the dates that you wish to be on Statutory Paternity Leave. You can complete this at the same time as Part A, or later if you are not sure of your dates but for each block of Statutory Paternity Leave that you wish to take you must give at least 28 days’ notice. Do give more notice if you can as this will help your department to make arrangements to cover your leave.  If you intend to take two separate blocks of leave you can give notice for both blocks together, or each block separately provided that you do so at least 28 days before the start date for each block.

If you subsequently decide that you wish to change the date on which the leave and pay begins you should give your department at least 28 days' notice of the new date.

In the event that the baby is born early the notice periods may be waived.

See below notes on miscarriage and still birth.

Once the birth or placement has occurred, you should also inform your department of the actual date of birth or placement, as soon as is reasonably practicable.  This is needed because leave cannot be taken before this date, and leave must be used up within 52 weeks of this date.

If you wish to take Oxford University Additional Paternity/Partner Leave (OUAPPL) as well as Statutory Paternity Leave you must use your Statutory Paternity Leave entitlement up before you can take OUAPPL.

In the sad event of a child being stillborn after the mother had completed 24 weeks of pregnancy, a father, or the partner of the mother, is still  entitled to 2 weeks Statutory Paternity Leave and pay provided they meet the eligibility criteria.  Any leave that was booked before the child's death may be taken, and any outstanding entitlement can still be booked as long as all the leave is taken within 8 weeks of the death. Parental bereavement leave may also be available.

If the stillbirth or miscarriage occurs before the end of the 24th week, paternity leave and pay is not available, but departments should consider granting compassionate leave.

During any family leave period, the department may make reasonable contact with an employee and, in the same way, the employee may make contact with their department. The frequency and nature of the contact will depend on a number of factors, such as the length of leave and the nature of the work. It is therefore helpful, before paternity leave starts, to discuss arrangements for staying in touch and the Paternity Leave plan includes space to record this. This might include agreements on the way in which contact will happen, how often and who will initiate the contact. It might also cover the reasons for making contact and the types of issues that might be discussed.

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

During the whole period of Statutory Paternity Leave you are entitled to receive all your contractual benefits with the exception of remuneration. This includes all non-cash benefits such as childcare vouchers.

Contractual annual leave (including bank holidays and fixed closure days) will accrue throughout the full period of leave.

If your personal situation is not covered by this guidance you should contact your HAF/Departmental Administrator (or equivalent) for further information in the first instance.

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