Paternity Leave and Pay - Policy and Procedure

The rights as provided for under the Paternity and Adoption Leave Regulations 2002 applied only to “employees”. However, under the provisions agreed for the Terms of Service of clergy in the Church in Wales equivalent rights were granted to clergy. This policy sets out those rights, and the procedures relating to them.

The purpose of this policy is to support new fathers and partners of mothers/birthing parents, including adoptive parents, by providing time off to care for their child or children.

This policy applies to all stipendiary clergy subject to the Clergy Terms of Service Canon 2010, across the province.

Whilst the policy does not directly apply to non-stipendiary clergy (who cannot claim statutory paternity pay in respect of their ministry), non-stipendiary clergy should be granted at least an equivalent period of time away from duties as stipendiary clergy are entitled to under this policy.

There is a separate policy in the Clergy Handbook in relation to Shared Parental Leave.

• Paternity Leave - A period of leave from work granted to a father or the partner of a mother, birthing or adoptive parent, after the birth or adoption of a child or children.
• Qualifying Child - A child who is born to, or placed for adoption with, the office holder or the office holder’s spouse/partner.

From the 7th of April 2024, eligible clergy are entitled to:

Leave Duration

Up to 2 weeks of paternity leave which can be taken as one period, meaning the full two weeks in one block. Or as two absence periods, both lasting the duration of a week at a time. Paternity Leave must be taken within 52 weeks of the qualifying child’s date of birth (or date of placement for adoption).

Pay

Stipendiary clergy will be paid their usual stipend during paternity leave.

Return to Work

On resuming work after paternity leave the cleric is entitled to return to the same job as occupied before commencing paternity leave on the same terms and conditions as if they had not been absent.

Stillbirth

If a child is stillborn after 24 weeks or more of pregnancy, the full entitlement of up to 2 weeks of paternity leave may be taken at any point within 52 weeks of the stillbirth.

To be eligible for paternity leave and pay, clergy must:

• Either:
  • Have been continuously in stipendiary office in the Church in Wales for at least 26 weeks, prior to the 15th week before the expected week of childbirth (EWC); or
  • Have been continuously in stipendiary office in the Church in Wales for at least 26 weeks, prior to the week of being matched with a child for adoption.
• Be recognised as the father of the child, or the spouse/partner of the mother, birthing or adoptive parent.
• Intend to take the leave to support their spouse/partner or care for the child.

A Cleric making application for paternity leave will be required to complete certificate SC3 certifying that there is an entitlement to leave and pay.

Notification

Clergy must inform their Archdeacon of their intention to take paternity leave by the 15th week before the EWC or within 7 days of being matched with a child for adoption.

The request must be discussed and formalised by email. The Archdeacon will forward information to the Representative Body (RB) HR department, who will liaise with the Stipend team.

The Cleric should provide an expected date to begin paternity leave, at least 28 days in advance, providing their Archdeacon with any date changes as they arise.

Clergy are required to make arrangements for cover or appropriate changes to service patterns for their expected period of paternity leave. In the event of the cleric being unable or having difficulty in arranging cover, they may request that the Archdeacon provide assistance. Where a period of paternity leave begins unexpectedly and it has not been possible for the Cleric to make advance arrangements, the Archdeacon shall make arrangements for cover or liaise with the Mission/Ministry Area Leader to make appropriate changes to service patterns.

The Mission/Ministry Area will be responsible for paying for cover for services and pastoral care during periods of paternity leave.

Documentation

Clergy may be required to provide documentation, such as a MATB1 form or matching certificate, to support their paternity leave request.

It is the responsibility of the Cleric to request and complete the SC3 form.

It is the responsibility of the Archdeacon to share the completed SC3 form with the RB HR team.

It is the responsibility of the RB HR team to share the SC3 form with the Stipends team.