Paternity Leave and Pay
The rights as provided for under the Paternity and Adoption Leave Regulations 2002 applied only to “employees” and not to other workers. However under the provisions agreed for the Terms of Service of Clergy in the Church in Wales these rights were also granted to clergy.
The Additional Paternity Leave Regulations 2010 which updated equality legislation meant that the right to paternity leave was available to the biological father of a child or to a person who is married to, the civil partner of, or the partner of, the child’s mother. It is also available where a couple jointly adopt a child to the individual who does not take adoption leave and to the spouse, civil partner of, or partner of, a child’s adopter. The definition of “partner” includes same-sex partners.
To qualify for paternity leave, you must have, or expect to have, responsibility for the child’s upbringing and be taking the leave to care for the child. Thus paternity leave is not available to biological fathers who are not likely to have parental responsibility for their child.
Paternity leave will be granted to fathers/partners after the birth of their baby or the adoption of a child under the age of 18.
Ordinary Paternity Leave following Birth or after Adoption
Clergy who have at least 26 weeks continuous service by the end of the 15th week before the expected week of childbirth will be eligible for ordinary paternity leave and paternity pay. In the case of adoption a parent, who is not the partner receiving adoption leave, is eligible for paternity leave after having completed 26 weeks continuous service by the end of the week that the adoptive parents are matched with a child for adoption.
Clergy must expect to have responsibility for the child’s upbringing. In the case of adoption the adoptive parent must be the joint adopter or expect to have responsibility for the child’s upbringing.
To be eligible for paternity leave after the birth of a child you must notify the Stipends Section and your Archdeacon of your intention to take ordinary paternity leave. Notification of the intention to take paternity leave must be notified before the 15th week before the mother’s expected week of childbirth, or as soon as practicable thereafter. In the case of adoption you must notify the Stipends Section and the Archdeacon of your intention to take paternity leave. Those making application for paternity leave will be required to complete HMRC form SC3 (birth parent) or SC4 (adoption) https://www.gov.uk/government/collections/statutory-paternity-pay-and-leave certifying that there is an entitlement to leave and pay.
Paternity Leave is granted for the purpose of caring for the child following birth or adoption. Paternity Leave will not be granted before the birth of a baby or before the adopted child is placed with the family for purposes such as attending ante natal clinics or case conferences.
Ordinary Paternity Leave must be taken within 56 days of the birth of a child or in adoption within 56 days of the child’s placement with the adopted family. You can choose when to commence paternity leave, but this should be the date notified on HMRC form SC3.
If it is necessary to change the date for commencing paternity leave you should give as much notice as possible and at the very latest 28 days before the paternity leave is due to commence.
The length of paternity leave is unaffected by multiple births or of more than one child is adopted as part of the same adoption.
Additional Paternity Leave
Has now been replaced by Shared Paternity Leave
Shared Parental Leave
Shared Parental Leave is designed to give parents more flexibility in how to share the care of their child in the first year following birth or adoption. Parents will be able to share a pot of leave, and can decide to be off work at the same time and/or take it in turns to have periods of leave to look after the child.
To qualify, the mother or adopter must be entitled to some form of maternity or adoption entitlement, have given notice to curtail it and must share the main responsibility for caring for the child with the named partner. See the Shared Parental Leave Policy for further details.
Rights on and after 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.
Arrangements for adoption leave are granted in line with the above arrangements
Clergy are entitled to two weeks Ordinary paternity leave.
Clergy can elect to take one week or two consecutive week’s paternity leave.
Should clergy elect to take only one week’s paternity leave then a cleric may not take a further one week at a later date.
Paternity leave may begin on any day of the week which may include the day that the baby is born or the placement day in the case of adoption.
Paternity leave must be taken within 56 days from the date of birth or the date of placement at adoption.
Clergy who take advantage of paternity leave will be paid at full stipend for the period of the paternity leave.
Returning to Duty following Paternity Leave
Clergy returning to duty following paternity leave are entitled to return to office on no less favourable terms of service.
Cover during Paternity Leave
Clergy will be required to arrange cover with the Archdeacon for periods of paternity leave. The Parish will be responsible for paying for cover for services and pastoral care during periods of paternity leave.
Advice on the application of these provisions can be obtained from the following:
HR Department 2 Callaghan Square, Cardiff, CF10 5BT
Stipends Section 2 Callaghan Square, Cardiff, CF10 5BT