What happens if the mother/partner dies shortly after a child’s birth or adoption placement?

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

Will my fixed-term contract impact on my entitlement to Paternity/Maternity Support Leave and Pay

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.