Paternity Leave


At a Glance
There are several types of Paternity leave:

Paternity Leave - Further information

NES Paternity Policy

Entitlement to Ordinary Statutory Paternity Leave (OSPL)

All employees, irrespective of length of service, are entitled to two weeks Ordinary Statutory Paternity leave to care for their child and/or support the child's mother/adopter in the weeks following birth/adoption placement provided they have, or expect to have, a responsibility for the child's upbringing.

In order to qualify for this leave, Trainees must meet one of the following criteria:

Trainee must be the biological father of the child
Trainee must be married to the mother of the child, but not the biological father
Trainee must be the partner* of the mother, but not the child's biological father
Trainees must be the same-sex partner of the child's mother
Trainee must be the legal Guardian of the child

Adoption:

Trainee must be married to the child's adopter
Trainee must be the partner* of the child's adopter
Trainee must be the same-sex partner of the child's adopter
*in the case of a 'partner' as stated above, the trainee must be in an enduring family relationship, but is not a blood relative

Notification of intention to take OSPL

Trainees are requested to notify their Practice/Educational Supervisor as soon as is reasonably practicable of the expected date of birth of their baby and are required to give written notice of their intention to take OSPL in, or before, the 15th week before the expected week of childbirth (EWC). Where is possible, trainees are requested to give written notice as soon as is reasonably practicable.  The notice must specify:

The baby's EWC
Length of leave the trainee has chosen to take
Date the trainee has chosen to begin the leave in respect of the options available
Copy of the MATB1 form or a copy of the matching certificate from the adoption agency should also be provided
*please note that not all trainees will meet the criteria for paid leave, see policy for qualifying criteria

Entitlement to Additional Statutory Paternity Leave (ASPL)

Eligible trainees can apply for ASPL if they:

Meet the criteria for OSPL as detailed earlier
Have at least 26 weeks continuous service by the 15th week prior to the expected week childbirth/adoptive placement
Still employed by NES, or within the NHS, at the time when the ASPL is taken
Eligible trainees can take up to 26 weeks of ASPL, this is in addition to the two weeks of OSPL which must be completed within the 8 weeks following childbirth/adoptive placement.

The right to take ASPL can only be exercised if the child's mother/adopter is employed and returns to work without exhausting her entitlement to the maximum 52 weeks maternity/adoption leave.

Notification of intention to take ASPL

Trainees must request ASPL in writing to their practice at least 8 weeks before their chosen start date.  Trainees must provide the following documents to support their application:

HMRC SC7 or HMRC SC8 (links to both documents can be found on Appendix 3), in addition the child's mother is also required to submit a written statement to NES HR as per section 8.2

Paternity Leave Application Form

Further information, including all the forms that require completion, can be found here.