PATERNITY LEAVE POLICY - Northern Ireland Fire & Rescue Service

FIRE AUTHORITY FOR NORTHERN IRELAND
PATERNITY LEAVE POLICY

FIRE AUTHORITY FOR NORTHERN IRELAND
PATERNITY LEAVE POLICY
SECTION 1
1.1 Introduction
1.2 Policy Statement
1.3 Aims
1.4 Scope
1.5 Equality of Opportunity
1.6 Confidentiality and the Data Protection Act
1.7 Reviewing the Policy
1.8 Agreement with Representative Bodies
1.9 Further Information and Guidance
SECTION 2 – AN EMPLOYEE IS ELIGIBLE TO APPLY FOR PATERNITY LEAVE
SECTION 3 – AMOUNT AND TIMING OF LEAVE
SECTION 4 – NOTICE REQUIREMENTS
SECTION 5 – ELIGIBILITY FOR STATUTORY PATERNITY PAY
SECTION 6 – RIGHTS DURING PATERNITY LEAVE
SECTION 7 – RETURN TO WORK
Issue Date: February 2005
Revised:
Issued By:
Human Resources Policy Unit

FIRE AUTHORITY FOR NORTHERN IRELAND
PATERNITY LEAVE POLICY
1.1 INTRODUCTION
This Policy sets out the legislative requirements for paid paternity leave found in a
number of different sources including the Employment (NI) Order 2002, the Paternity
and Adoption Leave Regulations (NI) 2002 and the Statutory Paternity Pay and
Statutory Adoption Pay (General) Regulations (NI) 2002.
This Policy should be read in conjunction with the appropriate NJC Conditions of
Service which apply to all uniformed and non-uniformed employees. Nothing in
these paternity leave and pay provisions are to be construed as providing rights less
favourable than statutory rights.
1.2 POLICY STATEMENT
The Fire Authority for Northern Ireland is committed to practices that support
work-life balance and to equality of opportunity. The Authority recognises that
employees are increasingly juggling a range of activities, interests and relationships
outside work whilst striving to meet the increasing demands of the workplace. In
order to support parents and in accordance with the Government Campaign for Work
Life Balance, the Authority will provide greater opportunity to balance work and
family life.
1.3 AIMS
The aim of this Policy is to ensure that employees know and understand their rights.
1.4 SCOPE
This Policy applies to employees of both sexes, uniformed and non-uniformed, at all
Fire Authority for Northern Ireland locations when a child has been born or placed for
adoption.
In the case of birth, this Policy applies where the expected week of confinement
(EWC) falls on or after 6 April 2003 or the child is born on or after 6 April 2003.
In the cases of adoption, this Policy applies in respect of children matched or placed
for adoption on or after 6 April 2003.
1.5 EQUALITY OF OPPORTUNITY
The Fire Authority for Northern Ireland is an equal opportunities employer. Requests
for such leave under this Policy will be dealt with in accordance with our commitment
to equal opportunity and within the exigencies of the service.
Employees will be protected from being subjected to a detriment or dismissal for
taking, or seeking to take such leave.

1.6 CONFIDENTIALITY AND THE DATA PROTECTION ACT
All relevant parties will maintain confidentiality as appropriate. All records should be
kept confidential and retained in accordance with the Data Protection Act 1998, which
requires the release of certain data to individuals on their request.
1.7 REVIEWING THE POLICY
The Human Resources Policy Unit will review this Policy periodically and in
accordance with legislative changes. Consultation will be sought prior to any review
with the appropriate Representative Bodies.
1.8 AGREEMENT WITH REPRESENTATIVE BODIES
This Policy has been circulated to and agreed by the Representative Bodies in the
Brigade, namely the Fire Brigades’ Union, the Northern Ireland Public Service
Alliance, the Transport and General Workers Union and AMICUS – Amalgamated
Engineering and Electrical Union.
1.9 FURTHER INFORMATION AND GUIDANCE
Further information and guidance can be obtained from the Human Resources
Department at Brigade Headquarters.
Copies of the National Joint Council for Local Government Services National
Agreement on Pay and Conditions of Service and National Joint Council for Local
Authorities'Fire Brigades Scheme of Conditions of Service are available for
inspection in the Human Resources Employee Services Unit and the Library.
2 AN EMPLOYEE IS ELIGIBLE TO APPLY FOR PATERNITY LEAVE IF:
2.1 The employee has or expects to have responsibility for the baby’s upbringing
and is either the biological father or the mother’s husband or partner (partner
refers to someone who lives with the mother, either male or female, in an
enduring family relationship, but who is not a blood relative); and
2.2 The employee has worked continuously for the Authority for 26 weeks as at
the 15 th week before the EWC and will continue in this employment up to the
date of birth; and
2.3 The employee is taking the time off for the purposes of either caring for the
new baby or to support the mother.
2.4 In addition to the above, the employee is eligible to apply for paternity leave
where, in cases of adoption, the employee is the partner who does not avail of
adoption leave.

3 AMOUNT AND TIMING OF LEAVE
3.1 Full-time employees may take up to ten consecutive working days leave (for
employees conditioned to the shift duty system this will be eight duty shifts,
for nine day fortnight employees; this will constitute nine days leave) and the
leave must be taken consecutively, eg, in a block of one or two weeks. For
Retained employees this will constitute two drill nights and unavailability for
fire calls during the two-week Paternity Leave period. It should be noted that
time off for Paternity Leave will not be included in any calculation of
non-attendance at fire calls.
3.2 Leave must be taken within 56 days of the birth, or, where the child is born
earlier than expected, between the date of birth and 56 days from the first day
of the EWC. Leave may start at any day of the week on or after the child's
birth.
4 NOTICE REQUIREMENTS
4.1 An employee who wishes to take leave must notify in writing the appropriate
Officer-in-Charge/Line Manager no later than the 15 th week before the
expected week of confinement of the following:
4.1.1 The date of the EWC;
4.1.2 Whether the employee wishes to take one or two consecutive
weeks/sets of leave;
4.1.3 The date the Paternity Leave is to commence.
4.2 The employee may change the commencement date provided the
Officer-in-Charge/Line Manager is given at least 28 days'notice of the new
start date, unless this is not reasonably practicable due to exceptional
circumstances.
4.3 The employee must inform the Officer-in-Charge/Line Manager of the date of
the child’s birth as soon as practicable after the birth.
The Officer-in-Charge/Line Manager is responsible for notifying the Human
Resources Department of the Paternity Leave request as soon as it is received
from the employee. An SC198 or SC199 form should be used for this
purpose. Human Resources will write to the employee to acknowledge the
request and may require the employee to forward a copy of the MATB1
certificate belonging to the wife/partner confirming her pregnancy, once
available.

5 ELIGIBILITY FOR STATUTORY PATERNITY PAY
In addition to the eligibility criteria for Paternity Leave, the employee must have
average weekly earnings at or above the Lower Earnings Limit for National Insurance
as at the 15 th week before the EWC and must give the Authority at least 28 days’
notice of their intention to claim Paternity Pay. It should be noted that, in the case of
Retained employees, if National Insurance Contributions have been paid in the quarter
preceding 15 weeks before the EWC, the two week Paternity Leave period will be
paid at the prescribed rate of Statutory Paternity Pay or 90% of average weekly
earnings (if less). Should their earnings in the quarter preceding 15 weeks before the
EWC fall below the National Insurance Contributions limit, no Statutory Paternity
Pay will be paid and the employee will be eligible to be paid a Retaining Fee and a
Drill Fee only for the first week of Paternity Leave. The employee will be entitled to
take a second week of Paternity Leave for which a Retaining Fee only will be paid.
Due to the payment system for Retained personnel, the Statutory Paternity Pay will be
paid at the time of taking the leave, less the Drill and Retaining Fee which will be
paid at the end of the next quarter.
For Wholetime, Control Room and full-time non-uniformed personnel, Statutory
Paternity Pay is paid at the same prescribed rate as Statutory Maternity Pay or 90% of
average weekly earnings (if less). However, given the existing provisions of
Maternity Support Leave whereby a nominated carer of an expectant mother may
avail of five days paid leave at or around the time of the birth, the Authority will pay
the first week of Paternity Leave as if it were Maternity Support Leave, ie, at the
employee’s standard weekly rate of pay and the second week of Paternity Leave will
be at the prescribed rate of Statutory Paternity Pay only. It should be noted that
Maternity Support Leave is distinct from Paternity Leave. The criteria and provisions
of Maternity Support Leave are detailed in the Authority’s Maternity Support Leave
Policy. The second week of Paternity Leave paid at the prescribed rate of Statutory
Paternity Pay is superannuable and counts towards service.
5.1 The employee must also give the Authority a signed declaration that the
following criteria applies:
✧ The employee is the father of the child and/or the husband or partner of the
mother, as defined at 1 (a);
✧ The leave is being taken to either care for the child or to support the
mother; and
✧ The employee has or expects to have responsibility for the upbringing of
the child.
6 RIGHTS DURING PATERNITY LEAVE
During Paternity Leave an employee is entitled to the benefit of all applicable terms
and conditions of employment, except those relating to remuneration and to return to
the same job.

7 RETURN TO WORK
The employee is entitled to return to the same job on no less favourable terms and
conditions.
Requests from an employee for annual leave to be taken directly after Paternity Leave
will, wherever possible, be met. These requests should be made with the prior
agreement of the Officer-in-Charge/Line Manager and in accordance with the needs
of the service. Where complications occur for either mother or child immediately
following the birth, the Chief Fire Officer has the discretion to allow the use of
Special Leave, with or without pay, to extend the statutory Paternity Leave period.