SECTION 2 – Terms and Conditions of Service
SUB SECTION 7 - MATERNITY
- Time Off for Antenatal Care/Introduction to Parenthood Courses
- Maternity Leave
- Ordinary Maternity Leave
- Additional Maternity Leave (AML)
- Annual Leave
- Statutory Maternity Pay
- Statutory Maternity Pay - Rules/Qualification
- Returning To Work/Termination
- Maternity Allowance (MA)
- Notification Of Pregnancy
- Returning from Ordinary Maternity Leave
- Returning from Additional Maternity Leave
- Keeping in Touch (KIT) days
- KIT remuneration outside of the SMP period
- Adoption Leave
- Statutory Adoption Pay (SAP)
- Parental Leave (PL) Entitlement
- Ordinary Paternity Leave (OPL)
- Ordinary Statutory Paternity Pay (OSPP)
- Additional Paternity Leave (APL) – births – adoption
- Entitlement to Additional Statutory Paternity Pay (ASPP)
Time Off for Antenatal Care/Introduction to Parenthood Courses
2.076 An expectant mother is entitled to time off to keep appointments for antenatal care. This is not restricted to medical examinations. It could, for example, include relaxation classes and parent craft classes as long as they are advised by a registered medical practitioner, registered midwife or registered health visitor. Evidence of the appointment may be requested by the line manager and, where necessary, a certificate of pregnancy signed by a doctor or midwife.
2.077 In addition to antenatal care/introduction to parenthood courses, a maternity leave entitlement of 52 weeks exists for all expectant mothers regardless of length of service. The 52 week maternity leave period is broken down into two periods. It should be noted that maternity leave and any entitlement to pay during this period, which is known as Statutory Maternity Pay (SMP) are two separate entitlements.
Ordinary Maternity Leave
2.078 A Dep employee is entitled to 26 weeks Ordinary Maternity Leave (OML), or as much of that period as they wish to take, regardless of length of service with the employer. The 26 weeks OML is regarded as working time for the calculation of annual leave and is counted as reckonable service for Christmas and leave bonuses (for those eligible grades), gratuities and incremental assessment.
2.079 The Dep employee has the right to return to work in the post and grade she occupied, irrespective of her length of service or hours of work. If the post has been disestablished during her absence on OML she has the right to return to a post with the same grade and pay and in the same geographical location.
2.080 To establish her entitlement to maternity leave the employee is to:
- Inform the LSU of the start date of her maternity leave no later than the end of the 15th week before the Expected Week of Confinement (EWC).
- Produce a certificate of the expected date of confinement (see para 2.086).
2.081 The earliest date at which a Dep can elect to start OML is the beginning of the 11th week before the EWC. The actual start of OML will be the earliest of:
- The intended start date which she has notified.
- An employee who is absent from work due to illness will normally be able to take sick leave until she starts maternity leave on the day notified to her employer.
However, if the absence is related to her pregnancy, the maternity leave period starts automatically on the day after the first day of absence following the beginning of the 4th week before the expected week of childbirth.
- The day that follows the day on which childbirth occurs.
2.082 In the latter two cases the Dep employee must notify the LSU as soon as is reasonably practicable, and in writing, that her absence is wholly or partly because of pregnancy, or that she has given birth. A woman will not be entitled to maternity leave if she does not notify the LSU that she has given birth and of the date on which the birth occurred.
2.083 A minimum of two weeks maternity leave (within OML period) must be taken following the birth. This is known as Compulsory Maternity Leave.
Additional Maternity Leave (AML)
2.084 AML lasts for up to 26 weeks and, if taken, must follow immediately after OML. 26 weeks AML is to be regarded as working time for the calculation of contractual annual leave. The AML period is counted as continuous service for Christmas and leave bonuses (for those eligible grades), Dep gratuities and incremental assessment. The right to return to work remains (in the same geographical location) although where it is no longer possible for an employee to return to the same post, alternative employment may be offered such as is appropriate to her in the circumstances.
2.085 An employee will normally be entitled to their full annual leave accrued during the OML/AML period. Should employment cease during the maternity absence then leave will be calculated on a pro rata basis up to the termination date. It is not possible to take annual leave and maternity leave at the same time. Any outstanding leave for the current year should, where possible, be taken prior to the commencement of the maternity leave period if this runs up to or beyond the 31st December. If the employee is on maternity leave into the new year, then any outstanding leave for the new leave year is to be taken after cessation of maternity leave in the normal manner. In addition to their normal paid holiday entitlement Dependant employees on maternity leave are to be granted those German public holidays that they were not able to take off during their maternity absence. If it is not possible for these days to be taken due to the fact that the employee will not be returning to work after the maternity absence then the days are to be reimbursed at the time of termination in the final monthly payment.
Statutory Maternity Pay
2.086 Dep employees who satisfy the conditions laid down by the Inland Revenue are entitled to Statutory Maternity Pay (SMP). Administration of SMP records and subsequent payments are handled centrally through the DBS BFG DEP Pay Team. Details are as follows:
- A Dep employee must have been employed by BFG without a break for at least 26 weeks including (and ending with) the qualifying week (the 15th week before the baby is due). The employee must have been employed at least one day in the qualifying week. Cases where there has been a break in service of less than 3 months may be considered upon provision of details to the DBS BFG DEP Pay Team.
- To be entitled to SMP there is a legal requirement for the employee to notify her employer of certain information. It is essential that the certificate at Annex K to this instruction forms part of the initial induction pack as handed to employees on taking up employment. The certificate itself does not require signature but the employee should sign for the induction pack as a whole.
- On confirmation of pregnancy the employee is to present to the LSU/Cat 'B' Unit, Inland Revenue form Mat B1 (Maternity Certificate), which is a certificate of expected date of confinement signed by a doctor or UK registered midwife. If such forms are not available, a locally produced certificate at Appendix 1 to Annex K of this instruction may be used.
- On receipt of the maternity certificate the LSU is to complete the 'Notification of Pregnancy Certificate', at Appendix 2 to Annex K to this section, and forward it to the DBS BFG DEP Pay Team. If, subsequently, details change an amended 'Notification of Pregnancy Certificate' is to be forwarded.
- On receipt of the 'Notification of Pregnancy Certificate' and form Mat
B1 the DBS BFG DEP Pay Team will determine whether SMP is admissible and if so notify the employee direct by letter. If the employee is not entitled to SMP the employee will be forwarded a form SMP 1 and claim form MA 1, together with instructions on how to claim Maternity Allowance.
- On receipt of the 'Notification of Pregnancy Certificate' and form Mat B1 the LEC Pay Bureau will determine whether SMP is admissible and if so notify the employee direct by letter. If the employee is not entitled to SMP the employee will be forwarded a form SMP 1 and claim form MA 1, together with instructions on how to claim Maternity Allowance.
Statutory Maternity Pay - Rules/Qualification
- The employee has to have been in continuous employment with BFG for at least 26 weeks ending with the 15th week before EWC (known as the qualifying week).
- The employee's average weekly earnings in the eight weeks up to and including the qualifying week (or equivalent if paid monthly) have been at least equal to the lower earnings limit for National Insurance Contributions.
- Provided 'a' and 'b' are met the employee will be entitled to SMP for up to a maximum of 39 weeks.
- The SMP period can begin:
- The day after childbirth occurs.
- The day following the day after the beginning of the fourth week before EWC on which the woman is absent from work due to pregnancy related reasons.
- Early birth - where the woman has to stop work and commence OML.
- In cases where a woman leaves her employment at any time (resigned from employment) before the SMP period has started, but after the beginning of the 11th week before EWC and not later than a week immediately following the week in which she is confined, the first week of the SMP period shall be the week after the week in which her employment ends.
- SMP will be paid at the following rates:
- For the first six weeks, 90% of the average weekly earnings.
- The remaining weeks (33) at the HMRC rate or 90% of the average weekly pay if less than the current HMRC rate.
- SMP is paid whether the employee intends to return to work or not. It is only paid when not being paid by MOD. This means that the employee is not permitted to work or be on normal paid leave during the time she is in receipt of SMP.
- A woman will be entitled to SMP provided she leaves work after the start of the 15th week before EWC. SMP will not, though, be paid until the 11th week before EWC. It is the employee's decision whether to stop work on this date or work on. Pregnancy related absence in the last 4 weeks before EWC will automatically trigger the start of OML and consequently SMP if entitled.
- It is the employee's decision as to how long they wish to claim SMP, but regulations state that the 26 weeks OML must include 2 weeks Compulsory Maternity Leave from the date of birth.
2.088 Even if the baby survives only for an instant it is a live birth and the employee will be entitled to receive SMP if eligible. If the baby is stillborn earlier than the 25th week of the pregnancy, the employee will not be entitled to SMP, but may be entitled to SSP on production of the appropriate doctors medical certificates. If the baby is stillborn after the start of the 25th week of the pregnancy, the employee will be entitled to the same SMP that they would have received if the baby had been alive.
Returning To Work/Termination
2.089 If a Dep employee returns to work at the end of the full 52 weeks of maternity leave, she does not need to provide any further notice.
- The day she returns to work will normally be the first working day 52 weeks after maternity leave commenced. If she wishes to return to work before the end of the full maternity leave period, she must give LSU eight weeks notice prior to the new date of return.
- If a Dep employee attempts to return to work without giving eight weeks notice, then LSU may postpone the return until the full eight weeks notice has been given. If an employee decides not to return to work or the head of family is posted during the maternity leave, then the employee must inform LSU in writing giving the necessary notice period.
- If the Dep employee has made it clear from the start that she does not wish to return to work then the contract will normally be terminated following the 52 weeks maternity absence. Irrespective of this, payment will continue until the end of the 39 weeks SMP period. If she is posted during the maternity leave period then the contract is to be terminated taking the normal notice period of 4 weeks into account. For the entire OML/AML period the normal contractual rights for both parties apply. Therefore in order to qualify for a gratuity the employee must give the correct notice apart from the normal exceptions made within Standing Instructions.
- Should the employee not report for work on the expected date, then the LSU is to write to her explaining that as an employee she was obliged to inform the employer if she had decided not to return to work after her maternity leave or if she was hindered in doing so. The LSU is to request that the employee confirms her intention not to return to work or why she is currently hindered in doing so as soon as possible. Further to this it is to be stated that should nothing be heard or the reason for non-return be unjustified, then the contract of employment will be terminated 28 calendar days following the date of issue (date in letter heading).
Maternity Allowance (MA)
- If a Dep employee is not entitled to SMP, she may be entitled to Maternity Allowance (MA). To be entitled, an employee must have been employed and/or self-employed for at least 26 weeks in the 66 weeks up to and including the week before the baby is born. This 66 week period is known as the “test period”.
- Part weeks are counted as full weeks and an employee must have earned on average at least £30 or more a week over any 13 weeks in the test period. MA starts at the earliest from the 11th week before the week the baby is due and the latest from the day following the birth. It is paid for a maximum of 39 weeks. MA will start from any day after an employee has stopped work to have the baby. This means that the MA should start from the first day of the maternity leave. However, if the baby is born before the start of the 11th week or before the start of the MA pay period, then MA will start from the day following the birth of the baby.
- Additionally, if the employee is absent from work wholly or partly because of pregnancy on or after the beginning of the 4th week before the expected week of confinement, this will trigger the start of the MA period. It will start automatically from the day following the first complete day the employee is absent from work for a pregnancy related illness. MA is normally paid at a standard weekly rate and this can be seen at the LEC website under employment, or 90% of the average gross weekly earnings, whichever is the lower. MA is only paid in the weeks the employee is not being paid by her employer. This means that the employee is not allowed to work or be on leave during the time they receive MA.
Notification Of Pregnancy
- To take maternity leave the Dep employee must inform the LSU no later than the end of the 15th week before the baby is due (or as soon as is reasonably practicable) that she is pregnant, when the expected week of childbirth is, and when she wishes to commence her maternity leave. She is not required to state a return to work date when she informs LSU of the pregnancy. The LSU is to write to the employee within 28 calendar days of receiving the notification of pregnancy form, to advise the employee of the end date of the maternity leave period. This notification is to be a comprehensive guide, advising the employee of their rights and duties and giving clear information on procedures and the sequence of events.
- An employee can change the date she wishes to start her maternity leave as long as she notifies LSU of the new start date 28 calendar days before the date she originally intended to start maternity leave or 28 calendar days prior to the new date, whichever is the earlier.
- Once the Dep employee is within 20 weeks of the birth of the child she is to produce a certificate of confinement (MATB1 (Maternity Certificate) which is to be signed by a doctor or midwife. It must be stressed that the document will only be valid if it has been signed and stamped within the 20 week period. An example of this document can be seen at Appendix 1 to Annex K of this instruction.
- Once submitted by the employee, this document can be forwarded to the DBS BFG DEP Pay Team together with the official application for maternity pay (Appendix 2 to Annex K to this instruction). Particular care must be taken when completing this document, especially in informing the employee that payment can be made to a UK bank account if required.
Returning from Ordinary Maternity Leave
2.092 The LSU is to write to the Dep employee within 28 days of receiving the notification of pregnancy form advising her of the date when she is expected back at work. The date will be the first working day 26 weeks after the commencement of OML. Where a woman wishes to return to work early from OML she must give the LSU eight weeks notice of the date of her return. However, in cases where the LSU has failed to notify the employee within 28 days of receiving the notification of pregnancy of her return to work the employee will be under no obligation to give notice of an early return nor will the LSU be able to postpone her return.
Returning from Additional Maternity Leave
2.093 The LSU is to write to the Dep employee who has an entitlement to AML within 28 days of receiving the notification of pregnancy advising her of the date when she is expected back at work. The date will be the first working day 52 weeks after the commencement of the OML and AML periods. As with OML, where a woman wishes to return to work early from AML she must give the LSU eight weeks notice of the date of her return. Also in cases where the LSU has failed to notify the employee within 28 days of receiving the notification of pregnancy of her return to work the employee will be under no obligation to give notice of an early return nor will the LSU be able to postpone her return.
Keeping in Touch (KIT) days
2.094 Dep employees may, in consultation with their working unit and LSU, carry out up to ten days work, known as “keeping in touch days”, at any stage during the maternity leave period, except during the first two weeks after the baby is born.
- The type of work that can be undertaken on keeping in touch days is a matter of agreement between the employee and her working unit. They may be used for any activity which would ordinarily be classed as work under the current contract, but can also be used for example, for attending a conference, undertaking a training activity or attending a team meeting.
- The Dep employee will be able to work under contract of service for the employer for up to 10 days during the Maternity Pay Period (MPP), which is 39 weeks, without losing any SMP. For those in receipt of MA, they are also entitled to up to 10 days during the Maternity Allowance Period (MAP) i.e. 39 weeks without losing MA.
- A Dep employee is not required to work during maternity leave if she does not wish to.
- Any work a Dep employee carries out as a KIT day, even as little as half an hour for example, will be counted as a whole day for KIT days. They can be taken as single days; in blocks of two or more days; or can be taken consecutively.
- Once the Dep employee has used up the 10 KIT days and further work is carried out, then the employee will lose a week’s SMP for the week in the MPP in which work has been carried out. If a week in the MPP contains only KIT days, the employee will be paid SMP for that week.
- If a week in the MPP contains the last KIT day and the Dep employee does a further days work in the same week for the employer she will lose SMP for that week or in the case of MA, a days MA for any day on which she worked. The employee must tell her Jobcentre Plus office if she does any work for an employer (including work they do on KIT days) in the MAP.
- For any KIT days that an employee works under contract of service for the employer paying her SMP, the employer must pay SMP for that week as a minimum.
- KIT attendance hours are to be recorded on the BFG 24.
KIT remuneration outside of the SMP period
- a. Should any of the KIT days be taken in the last (unpaid) period of AML, then this is to be remunerated at the usual daily pay rate for the tariff in which the employee works.
- b. KIT attendance hours must be recorded on the BFG Form 24.
2.097The “Notification of Adoption” pro forma contained at Appendix 3 to Annex K to this instruction is required by the LSU and DBS BFG DEP Pay Team. A copy of the matching certificate/placement letter will be required to be appended to this pro forma to allow adoption leave. If the child is from a country which doesn’t provide a matching certificate then the person is not eligible for adoption.
- The “Notification of Adoption” pro forma contained at Appendix 3 to Annex K to this instruction is required by the LSU and LEC pay bureau. A copy of the matching certificate/placement letter will be required to be appended to this pro forma to allow adoption leave. If the child is from a country which doesn’t provide a matching certificate then the person is not eligible for adoption.
- OAL will be 26 weeks. AAL will also be 26 weeks.
- If the placement is not successful and ends during the adoption leave period, or the child dies, then the employee will be allowed to continue the leave for a maximum of 8 weeks after the placement ends.
- The Dep employee must notify the LSU of an intention to take OAL within 7 days of being notified by the adoption agency, unless not reasonably practicable (this is to include when the child is due to be placed and when the adoption leave is to commence).
- OAL can be taken by either of the parents and is available for those adopting a child up to the age of 18.
- The earliest date on which leave can begin is 14 days before the expected week of placement.
- A Dep employee can change the date they wish to start their adoption leave as long as they notify LSU of the new start date 28 calendar days before the date they originally intended to start adoption leave or 28 calendar days prior to the new date, whichever is the earlier.
- As with the standard maternity regulations a Dep employee who wishes to change their date of return from adoption leave is required to give 8 weeks notice.
- As with the standard maternity regulations, adoption leave carries the right to return to work and protection from detriment and dismissal.
2.098 Adoption leave is not applicable where a child is not newly matched for adoption (e.g. where a step-parent is adopting a partner's child). It is only available to one member of a couple who are adopting. Only one period of leave is available irrespective of how many children are adopted as part of the same arrangement.
Statutory Adoption Pay (SAP)
2.099 SAP will be paid for 39 weeks at the standard rate of SMP (current HM R&C weekly rate or 90% of average weekly earnings if this is less than the weekly HM R&C rate). The difference is that the 15th week period is calculated at the time the parents are matched with the child i.e. 26 weeks service at this time triggers off longer leave and pay. At that time a matching certificate is issued to the parents similar to the MatB1 issued for maternity.
Parental Leave (PL) Entitlement
2.100 A Dep employee is entitled to 13 weeks PL in respect of each child, born or adopted. Periods of PL are to be unpaid. Periods of sickness during PL will continue to be regarded as PL. A parent of a child eligible for a ‘disability living allowance’, who qualifies for PL in all other respects is entitled to 18 weeks PL.
- To qualify for the right to be absent from work on PL, a Dep employee must fulfill the following conditions:
- Continuous Service. The employee must have one years' continuous service as at the date of starting PL.
- The Child. The child in respect of whom PL is sought must either:
- Not have passed their 5th birthday throughout PL (18th birthday if the child is disabled).
- Have been placed with the employee for adoption on or after 15 December 1999, and must not have passed their 18th birthday. Additionally, the right to PL in respect of that child expires on the fifth anniversary of placement for adoption.
- Be born or adopted on or after 15 December 1999 and have been awarded disability living allowance, in which case PL can be taken up until the child's 18th birthday.
- Applying for Parental Leave. A Dep employee is required to give 21 calendar days notice of their wish to take PL and provide certain evidence of their entitlement (birth certificate/adoption instruction). Notice does not have to be in writing. Leave may be taken only in multiples of a week. If a part of a week is taken, it counts as a whole week. However, if the child is disabled PL can be taken in multiples of a day. The maximum amount of PL to be taken in any one year is 4 weeks for each child. For each employee, their year is determined by the anniversary of when they first became entitled to PL in respect of that child.
- Paternal Parental Leave. Fathers wanting leave starting when their child is born need to give at least 21 calendar days notice before the beginning of the expected week of childbirth, stating the expected week of childbirth and the amount of leave to be taken.
- Adoptive Parental Leave. Those who want leave starting when a child is placed with them for adoption should give 21 calendar days notice before the beginning of the week of expected placement specifying the week in which placement is expected and the amount of leave to be taken. Where it is not reasonably practicable to give 21 calendar days notice, the adoptive parent must give notice as soon as is reasonably practicable.
- Other Child-Care Parental Leave. In other cases the employee must give 21 calendar days notice specifying when they want the leave to start and the amount of leave to be taken. Evidence of the age of a child and of parental responsibility for the child is to be provided.
Postponing Parental Leave
- . LSU
may not postpone requests for Paternal or Adoptive PL.
- Other requests may be postponed once in circumstances where the LSU considers that the operation of the business would be unduly disrupted. The postponement must:
- Be in writing.
- State the reason for the postponement.
- Defer leave by no longer than 6 months.
- Specify the start and finish dates for leave of the same length as had been requested.
- The notice of postponement must be given to the employee no later than 7 calendar days after the employee's request for PL. If postponement results in PL falling after the fifth anniversary of the child's birth or adoption, it may still be taken.
- During Parental Leave. During PL a Dep employee is entitled to the benefit of terms and conditions of employment prescribed by regulations, which would have applied if they had not been absent (excepting those terms and conditions about remuneration).
- Ending Parental Leave. Dep employees taking 4 weeks PL or less have the right to return to the job in which they were employed before the absence. Where leave in excess of 4 weeks has been granted, and in situations where PL follows on directly from AML, there is the right to return to their job, unless it is not reasonably practicable for the employer to permit this, in which case they are to return to a job which is both suitable and appropriate for them to do in the circumstances.
- Terms and conditions as to remuneration must be no less favourable than if they had not been absent since the start of PL. If a woman takes PL immediately after AML, the terms and conditions on which she re-starts must be no less favourable than when she started her OML.
- If the Dep employee is not to return to work at the end of PL (or, indeed, during it) the ending of employment will require resignation.
2.101 Where an employee decides not to return, LSU should ensure that the necessary formalities concerning resignation are in place, so that it can be shown as the reason for ending employment and the effective date of termination (EDT) is plain.
Ordinary Paternity Leave (OPL)
2.102 OPL allows eligible employees to take one or two consecutive weeks absence, but not two separate weeks, for the purpose of caring for a child or supporting the mother. The qualifying conditions are that the employee must:
- Give the right evidence and notice 28 days before the start of the OPL pay period, unless there is a good reason for late notification.
- Have been employed continuously for:
- At least 26 weeks into the Qualifying Week and continue to work up until the date the baby is born.
- At least 26 weeks into the Matching Week and continue to work until the date the child is placed with the adopter.
- Have average weekly earnings (AWE) which are not less than the lower earnings limit (LEL).
- Be the biological father, mother’s husband, civil partner or partner (this includes mother’s female partner in a same sex relationship), and who is taking time off to support the mother or care for the baby. For adoption of a child be someone adopting a child with their partner, or the partner of someone adopting a child on their own and the adoption is being arranged through an adoption agency in the UK, or for adoption from abroad the adopter has received Official Notification.
Further useful information as well as current UK Government application forms can be found under:
Ordinary Statutory Paternity Pay (OSPP)
- OSPP is paid for one or two whole weeks at the lower of the statutory weekly amount or 90% of Average Weekly Earnings (AWE).
- OSPP for birth should be taken:
- Any time up to eight weeks after the date of birth.
- If the baby was born early, up to eight weeks after the Sunday of the week in which the baby was due.
- OSPP for adoption should start:
- On the date the child is placed, or the day after that if they were at work that day.
- At a predetermined date later than above, but ending not more then eight weeks after the date the child is placed with the adopter.
Additional Paternity Leave (APL) – births – adoption
2.104 Additional paternity leave allows eligible employees (usually fathers) to take up to 26 weeks leave to care for their new child, possibly with additional statutory paternity pay. This leave and pay is only available to qualifying employees if the mother, or co-adopter, has returned to work. Special provisions apply if the mother or co-adopter dies during their maternity or adoption leave or pay period. Employees can start their additional paternity leave any time from 20 weeks after the child is born, the leave must have finished by the child’s first birthday. In the case of adoption employees can take their additional paternity leave any time between 20 and 52 weeks after the child starts living with the adopter (is placed for adoption) or arrives in Great Britain from overseas. A minimum of two weeks and a maximum of 26 continuous weeks’ leave can be taken.
2.105 For an employee to qualify for additional paternity leave they must:
- Be the father of the baby and/or the husband or partner (including same-sex partner or civil partner) of a woman who is due to give birth on or after 3 April 2011 – a partner is someone who lives with the mother of the baby in an enduring family relationship but not an immediate relative.
- Have, or expect to have, the main responsibility for the baby’s upbringing, apart from any responsibility of the mother.
- Have at least 26 weeks continuous employment ending with the qualifying week – the 15th week before the expected week of childbirth.
- Continue to work from the qualifying week into the week before they wish to take additional paternity leave – weeks run Sunday to Saturday.
- Be taking the time off to care for the baby.
- In the case of additional paternity leave for adoptions, they did not take statutory adoption leave or pay themselves.
2.106 The baby’s mother must also:
- Be entitled to statutory maternity leave, statutory maternity pay or maternity allowance.
- Return to work no earlier than two weeks after the child’s birth, but with at least two weeks of unexpired statutory maternity leave entitlement remaining.
- The child’s co-adopter must also be entitled to adoption leave or pay and will return to work no earlier than two weeks after the child’s placement for adoption.
2.107 Multiple births and multiple adoptions: An employee is only entitled to one period of additional paternity leave regardless of the number of children resulting from a single pregnancy or the number of children matched with them at the same time or adopted from overseas as part of the same arrangement.
2.108 Additional paternity leave if the mother or co-adopter dies: In the event of the mother’s or co-adopter’s death before the child’s first birthday or during the first year of the placement, special terms apply for additional paternity leave. For further information refer to DBS BFG Dep Pay Team.
Entitlement to Additional Statutory Paternity Pay (ASPP)
2.109 Additional statutory paternity pay is payable to eligible workers who meet the eligibility criteria for additional paternity leave and:
- They are taking time off to care for their child during their partner’s 39 week statutory maternity pay, maternity allowance or statutory adoption pay.
- Their partners have returned to work.
2.110 The current rate is the lower of either:
- The statutory standard weekly rate.
- 90% of their average weekly earnings.
2.111 To qualify for additional statutory paternity pay the employee must have:
- Average weekly earnings at or above the lower earnings limit for National Insurance contributions in force at the end of the qualifying week.
- At least two weeks of the mother’s or adopter’s statutory maternity pay or maternity allowance period remaining.
2.112 The qualifying week is either:
- The 15th week before the expected date of birth.
- The week the adopter was matched with a child for adoption (for UK adoptions).
- The later date of either: the end of the week in which official notification is received or the end of the week in which they complete 26 weeks’ continuous employment with BFG (for overseas adoptions).
Revised: 1 JUL 15