In the event that you do not have the qualifying service for Paternity/Maternity Support Leave, then alternative leave arrangements may be agreed with your line manager. This may, for example, include annual leave or unpaid leave.
A qualifying employee will be entitled to paid Ordinary and/ or Additional Statutory Paternity/Maternity Support Leave if the baby is stillborn after twenty-four weeks of pregnancy.
If you wish to return to work earlier than the originally intended date, you must give 6 weeks’ written notice of this intention toyour manager and HR.
In this instance the father or partner will be able to take Additional Paternity Leave at an earlier point and for a longer period of time. The start date should be within six weeks of the mother/partner’s death (this can be a date in the past but not before the date of death). If the start date is not given within six weeks, it must be provided within eight weeks of the death. The leave can then start from the later of:
- the date of the mother or adopter’s death, or
- the date the member of staff informs the College that they want it to start (or have started, if a date in the past)
Leave should end no later than:
- the child’s first birthday
- one year after the child was placed with the adopter
- one year after the child entered the UK
If leave has already been applied for and granted, the start and/or end dates may be changed with immediate effect if notification is given in writing within eight weeks of the mother or adopter’s death. If the member of staff changes their mind after this time, the College must be given six weeks’ notice:
- before the original start date or the new start date, whichever is earlier,if withdrawing an application
- before the date varied or the new date, whichever is earlier, if varying the start date
- before the date varied or the new date, whichever is earlier, if varying the end date
If your contract ends after the baby is born you are entitled to Ordinary Statutory Paternity Pay (OSPP) only (see 1.5 above) subject to meeting the qualifying conditions. However, if you start work for a new employer, you cannot get OSPP for any week they work for them.
If the contract end date falls within the period of Additional Statutory Paternity/Maternity Support Leave and the contract is not renewed, the College will continue to pay the remainder of the Additional Statutory Paternity/Maternity Support Leave period. However, if you start work for a new employer, you cannot get additional statutory maternity leave from their new employer for any week they work for them.
If you want to change the date on which you want your leave to start, you must give your line manager at least 28 days’ notice of this (unless this is not reasonably practicable).