HEYFLOW POLICY GUIDES
Paternity Leave
Policy Guide
63% of recent fathers said they did not feel mentally ready to return to work when they did.
Long-held societal norms around gendered parenting roles are shifting, and fathers want to take a more active role not only in parenting responsibilities as their child is growing up, but also at the early stages, the issue is that statutory paternity pay is falling behind the financial needs and support.
62% of fathers said they would take more paternity leave if the rate of Statutory Paternity Pay increased. 57% of prospective parents said they could afford to take six weeks of paternity leave if it was paid at 90% of their income.
Longer paternity leave is not only beneficial for fathers and ‘secondary’ caregivers but also has a knock-on effect in fighting The Motherhood Penalty. Countries where six weeks of paternity leave is the norm have a 4% smaller wage gap compared to countries with less than six weeks.
Use of language:
In this guide, we refer to ‘paternity leave’ as that is the term used by the UK Government, though ‘paternity’ rights are applied to all parents who are partners of a birthing parent regardless of gender.
For example, in a same-sex partnership with two women the parent that carries the child would receive ‘maternity’ leave and the non-birthing partner would receive ‘paternity’ leave.
Context
The inclusion points are not an exhaustive list for all working environments and some may just apply for desk jobs. These policy guides, are just that, guides. Make sure to check with your country’s current laws and seek your own legal advice.
Statutory Paternity Leave
All employees are eligible to 1 or 2 weeks paid leave if they are:
the father
the husband or partner of the mother (or adopter) - this includes same-sex partners
the child’s adopter
the intended parent (if you’re having a baby through a surrogacy arrangement)
Your leave cannot start before the birth. It must end within 52 weeks of the birth (or due date if the baby is early). And if 2 weeks are chosen they can either be taken together or separately.
The statutory weekly rate of Paternity Pay is £184.03, or 90% of your average weekly earnings (whichever is lower).
To find out more about statutory pay, please consult the government website
For many workers, this represents a significant drop in earnings, particularly if their partner is on maternity leave. As a result, 22% of dads and partners take no leave at all, missing out on crucial time to bond with their child and provide support at home.
Who is a Paternity Leave Policy for?
A paternity policy is for all partners of pregnant employees, and for those who want to support them.
A good paternity policy outlines everything an employee can expect in the run-up to and during their leave, and what to expect after they return to work.
Considerations for and possible points to include in a Paternity Leave Policy
Antenatal appointment leave
Employees are eligible to accompany a pregnant person to two antenatal appointments if they are the partner of the pregnant person, the baby’s father, or the intended parent (in the case of surrogacy) – though, unlike the pregnant person, this is unpaid.
Considering paid leave and allowing flexible working around appointments will encourage new parents to play a more active role, to feel more connected and support their partners more effectively.
Miscarriage & Early Child Loss Support
Sadly, 1 in 4 pregnancies in the UK end by miscarriage or early baby loss. Having a separate and easily accessible miscarriage policy will allow employees to know their options without having to come forward at what is a particularly challenging time to navigate.
Enhanced Paternity Pay
Simply, 2 weeks at £184.03 is not enough, and many employers recognise that offering “enhanced paternity pay”. The common form of ‘enhanced pay’ is full pay for at least 2 weeks, with many offering 4-6 weeks.
Split periods of leave
Similar to how statutory paternity leave allows 2 weeks to be split into single-week periods within the first year, offering longer leave periods with the option to split them into weekly chunks provides greater flexibility. This approach enables employees to adjust their leave and support their families when it is most needed.
Phased return to work
With maternity leave a common adjustment is allowing for a phased return to work, but it’s important to recognise that fathers and partners will also be adjusting to a significant life change with affected sleep patterns and higher levels of stress. Having a phased return can allow for more time to adjust, especially post an enhanced leave duration.
Flexible working
Outside of initial leave, 53% of new dads and partners who request flexible working don’t get the flexibility they ask for. This means that they don’t have the time with their children they’d like which results in partners shouldering most of their caring responsibilities.
18% of new dads and partners haven’t asked for flexibility because they were concerned about their employer’s reaction – addressing this and having an open conversation would show support and increase the chances of them taking the changes that they want.
Paternity Leave Policy Structure
1. Purpose
This policy outlines the company’s provisions for Enhanced Paternity Leave, ensuring that eligible employees can take time off to care for their newborn or newly adopted child. Our aim is to support employees in balancing their work and family life, offering more generous leave than the statutory minimum.
2. Scope
This policy applies to all employees of [Company Name] who meet the eligibility criteria for Enhanced Paternity Leave. It covers both birth and adoption situations.
3. Eligibility
To qualify for Enhanced Paternity Leave, an employee must:
Be the biological father, the mother’s spouse or partner, or the partner of someone adopting a child.
Have or expect to have responsibility for the child's upbringing.
Have worked continuously for [Company Name] for at least 26 weeks by the end of the 15th week before the baby is due, or by the time of the child’s placement for adoption.
Provide the required notice and documentation as outlined in this policy.
4. Entitlement
Eligible employees are entitled to:
[Insert number] weeks of Enhanced Paternity Leave. This is an increase from the statutory one or two weeks.
Enhanced Paternity Pay: Employees will receive full pay for the duration of their Enhanced Paternity Leave, subject to usual deductions such as tax and National Insurance contributions.
5. Notice Requirements
Employees wishing to take Enhanced Paternity Leave must:
Notify HR in writing at least 15 weeks before the baby is due or within 7 days of being notified by the adoption agency.
Provide the expected date of birth or placement and the intended start date of the leave.
Confirm their leave plans in writing once the child is born or placed, if there are any changes to the initial notification.
6. Timing of Leave
Leave can be taken as a single block of [Insert number] weeks.
Leave must be taken within 56 days (8 weeks) of the child’s birth or placement.
The start date of the leave can be from the actual date of birth or placement, or from a specific number of days/weeks after the birth or placement, based on the employee’s preference.
7. Rights During Leave
Job Security: Employees will have the right to return to the same job or, if that is not possible, a similar job with the same terms and conditions.
Continuous Service: Enhanced Paternity Leave will count as continuous service for the purposes of calculating employment rights.
Benefits: All contractual benefits, except salary, will continue during the period of Enhanced Paternity Leave.
8. Shared Parental Leave
If eligible, employees may choose to take Shared Parental Leave instead of Enhanced Paternity Leave. This allows the sharing of up to 50 weeks of leave and 37 weeks of pay between partners. Employees must notify HR if they intend to opt for Shared Parental Leave.
9. Return to Work
Employees are expected to return to work on the agreed date. If the employee wishes to return earlier than planned, they must provide at least 8 weeks' notice. If the employee wishes to take additional leave, they should consult with HR to explore options such as unpaid leave, holiday entitlement, or flexible working arrangements.
10. Procedure for Claiming Enhanced Paternity Pay
To receive Enhanced Paternity Pay, employees must:
Provide a completed SC3 form (or SC4/SC5 for adoption) to HR.
Submit the form no later than 28 days before the intended start of leave.
Ensure any changes to the leave dates are communicated to HR as soon as possible.
11. Review and Amendments
This policy will be reviewed annually or as necessary to ensure compliance with legislation and the evolving needs of the business and its employees.
12. Contact Information
For further details or clarification, employees should contact [HR Representative's Name], HR Department at [HR Email] or [HR Phone Number].
Note: These policy guides, are just that, guides. Make sure to check with your country’s current laws and see your own legal advice.