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9. Paternity FAQ’s

My partner is expecting twins, do I get more provision?

You will be entitled to only one period of paternity leave irrespective of whether the expectant mother is expecting more than one baby or more than one baby through a surrogacy arrangement or more than one child is being placed for adoption.

What is a partner?

A partner is someone who lives with the mother/primary adopter/surrogacy parent of the baby in an enduring family relationship but is not an immediate relative.

What is a nominated carer?

A nominated carer is a person nominated by the mother to assist in the care of the baby and to provide support to the mother at or around the time of the birth.

If you apply for paternity leave on the basis of being a ‘nominated carer’ (in the case of births) then you require to detail on the request form why you have been chosen by the mother to fulfil this role including details as to why the father/partner is unable to provide such support.

What is a MATB1 form?

This is a maternity certificate that is issued by a registered doctor or midwife. It verifies the pregnancy and states the expected week of childbirth (EWC) and is issued from 20 weeks before the EWC.

What is a matching certificate?

The matching certificate is used to confirm eligibility for statutory adoption pay and leave purposes. This is provided by the adoption agency and confirms the name and address of the adoptive parent(s), confirmation that the named adoptive parent(s) have been matched by the adoption agency with a child for adoption, the expected placement date and the name and address of the adoption agency.

What is a parental order?

In a surrogacy arrangement, you apply for a parental order to transfer the legal rights from the birth mother to you and your partner.

Can I change the start date of my paternity leave?

You can change your mind about the date on which you want your leave to start, provided you tell your line manager at least 28 days in advance, or as soon as reasonably practicable.

Can I get time off to attend the birth?

If you request time off to attend the birth/surrogacy birth, this time off will not be regarded as part of the paternity leave period. Instead, time off to attend the birth will be granted for up to a period of 24 hours and will be classed as special leave.

I am planning to only take 1 weeks paternity leave, do I still get paid for the 2 weeks?

You are not entitled to payment in lieu if you only elect to take one week’s paternity leave.

What if the pregnancy doesn’t go to plan?

Should a child be stillborn after 24 weeks of pregnancy, for births/surrogacy births, your paternity leave will still be available. If the baby is born alive at any point in the pregnancy but dies later, you will be entitled to paid paternity leave in the usual way.

Does going on paternity leave affect my contractual conditions?

During your paternity leave all of your contractual conditions of employment will continue. You will be entitled to return to the same job following your paternity leave.

Does being on paternity leave affect my Local Government Pension Scheme (LGPS) pension contributions?

Where applicable, pension contributions will continue to be payable during your period of paternity leave on the actual pay you receive, with pension service counted as normal.

 

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