Surrogacy Leave Policy

Introduction

University College Cork is committed to providing an inclusive and diverse work environment for all staff. As part of that commitment to valuing and supporting employees the University has a suite of family-friendly policies available. The surrogacy leave policy is one such policy. Surrogacy is currently an unregulated area in Ireland and as a result there is no statutory entitlement to leave and no social welfare entitlements. However, in line with UCC’s commitment to equality a period of surrogacy leave (similar to adoptive leave) is available to a nominated parent who is having a child through a surrogacy arrangement. The intending/commissioning parents can choose who should take the surrogacy leave (i.e. who will be the nominated parent for the purpose of the leave). This is an additional benefit provided by UCC outside of statutory requirements.

In addition, the University recognises the emotional challenges which may arise from putting in place a surrogacy arrangement and wishes to support members of staff who are embarking on surrogacy

Scope

This policy applies to all employees who are intending parents i.e. a nominated parent who is having a child through a surrogacy arrangement. For the avoidance of doubt, where both intending/commissioning parents are employed by UCC only one parent will be eligible to avail of surrogacy leave. This policy does not apply to employees who are carrying a child on behalf of another person/couple under a surrogacy arrangement.

Principles

This policy is underpinned by the following principles:

Leave requests will be considered fairly, promptly and in a sensitive manner.  Mutual trust, respect and discretion with due regard for employees’ circumstances inform these actions.

Every effort will be made to facilitate leave requests, subject to reasonable notice and operational needs.

The principle of equality shall be applied in the interpretation of this policy in keeping with our University’s commitment to equality, diversity and inclusion.

Entitlement

Employees who are the nominated parent of intending/commissioning parents are entitled to a period of surrogacy leave of twenty four (24) weeks with full pay upon the birth of the child. Surrogacy leave will commence from the date of birth of the child.

Fixed-term employees are entitled to a period of surrogacy leave of twenty four (24) weeks paid leave if that is within the timeframe of the contract or if not full pay up to their contract termination date.

As surrogacy leave is not a statutory entitlement, some statutory entitlements will not be applicable during this leave such as the accruing of annual leave and public holidays. A period of surrogacy leave is non-pensionable.

Surrogacy leave will be treated in the same way as statutory leave for the purposes of academic promotions.

Additional unpaid surrogacy leave may be allowed for a maximum of sixteen (16) consecutive weeks commencing immediately after the end of the surrogacy leave.

In the event that an intending/commissioning parent avails of surrogacy leave and subsequently undertakes an adoption process in respect of the child for whom surrogacy leave was already taken, while they may be entitled to avail of statutory adoptive leave, they will not be eligible to receive any voluntary benefits already received under surrogacy leave from the University (including payments) in respect of any period of adoptive leave. 

Definitions

Nominated Parent

The intending parents can choose who should take the surrogacy leave (i.e. who will be the nominated parent for the purpose of the leave).

Surrogacy Arrangement

A surrogacy arrangement is where a person agrees to carry and gives birth to a child on behalf of other intending parent(s), and to relinquish care of the child and all rights of parentage and parental responsibility, to the intended parent(s) on the birth of the child.

Intending/Commissioning Parents

Intending parents are parties who commission the use of donor gametes/embryo(s) and/or surrogates with the intention of conceiving a child that they will care for from birth. One or both intending parents will be named on the birth certificate and one will apply for guardianship on the birth of the child.

Guardianship

Guardianship is a bundle of legal rights and responsibilities in respect of a child, including the prima facie right to custody of the child as against anyone who is not a guardian; the right to determine where the child will reside; the right to decide on the child’s religious upbringing; and the right to consent to medical treatment. The rules governing guardianship in Irish law are set out in the Guardianship of Infants Act 1964 (as amended).

Procedure

Heads of Unit

Given the challenges many individuals face in dealing with fertility related matters, Heads of Units are encouraged to be understanding and as flexible as possible in supporting a staff member engaging in a surrogacy arrangement. For advice and guidance Heads of Units may wish to contact their HR Business Manager or the Leave Administrator or Staff Wellbeing & Development Manager/Advisor.

Employees

Employees are encouraged to speak to their manager or relevant HR Business Partner or Staff Wellbeing & Development Manager/Advisor if they wish so that support and understanding, as available, can be offered. Any such conversations will be treated with confidentiality and discretion.

• The employee informs the Head of Unit in writing of the pending Surrogacy leave as soon as is practicable, but no later than four(4) weeks’ before the due date of the child. A medical certificate is required from a registered medical practitioner in Ireland or abroad to confirm the due date of the baby and the surrogacy arrangement.
• For practical reasons, it is desirable that employees provide as much notice as possible so that appropriate arrangements can be made, vis-à-vis, workload distribution or replacement.
• The employee applies to the Department of Human Resources for Surrogacy Leave using an Application for Surrogacy Leave Form SLI. A Birth Certificate must be submitted to the Department of Human Resources as soon as is reasonably practicable, but no later than four weeks after the date of birth of the baby.
• The Department of Human Resources will validate the leave claim and communicate directly with the employee, following receipt of the SL1.
• If the employee wishes to avail of the sixteen (16) weeks’ extended leave, s/he must do so by writing to the Department of Human Resources and the Head of Unit at least four (4) weeks prior to the expected date of return.
• The staff member must provide the Department of Human Resources with written notification of his/her intention to return to work, and the expected date of return, no later than four (4) weeks before the expected date of return.
• If the employee wants to take annual leave at the end of the twenty six (26) weeks’ surrogacy leave or extended sixteen (16) weeks’ unpaid leave, then an Annual Leave request must be completed and approved by the Head of Unit at least four weeks before the expected return date and forwarded to Human Resources prior to the annual leave commencing.

CONTACT: Ms Kathy O'Connell, Department of Human Resources and Organisational Development, Ground Floor, Block E, Food Science Building, University College Cork. Tel. 4902674. E-mail: k.oconnell@ucc.ie

An employee is entitled to return to work in University College Cork at the end of a period of surrogacy leave in the job held immediately prior to the leave and under the same contract, terms and conditions of employment.

UCC has a number of supports in place which all staff can avail of should they require support during this time.  These include:

• Our Employee Assistance Programme which is provided by Spectrum Life
• The Staff Wellbeing & Development Manager/Advisor

For details on the available supports and policies in UCC see  Staff Wellbeing | University College Cork (ucc.ie)

Policy Review

UCC is committed to reviewing this Policy in accordance with the University’s Policy Framework and in line with changes in the law and other relevant developments. The Department of Human Resources is the owner of this Policy.

Surrogacy Leave Application Form