Additional Paternity Leave - April 2011

You may have heard something to do with paternity leave in the news recently but chances are you’re wondering what’s happening and whether or not it affects you. We answer your burning questions.

Does this affect me?

If you have male employees who are expecting a baby with their partner and the baby is due after 3rd April then yes, this affects you.

What’s changing?

Previously, the maximum statutory paternity leave was two weeks. Female employees could have 26 weeks ordinary maternity leave and then choose to take a further 26 weeks of additional maternity leave, making 52 weeks in total.

Now, if the mother has ended her maternity leave, the father can take additional paternity leave as well as the usual statutory two weeks.

What do I need to know?

Additional Paternity Leave (APL):

• must be taken as one continuous period, i.e. the father cannot take leave, return to work and then take leave again
• must be for full weeks
• can be for a period between 2 and 26 weeks
• may be taken at any time between 20 weeks after the date the child was born and the child’s first birthday

How much notice should I expect from my employee?

Your employee should give you 8 weeks’ notice of their intention to take APL although you can choose to waive the notice requirements if you want.

How much do I have to pay them?

Statutory Paternity Pay is paid at the same rate as Statutory Maternity Pay, i.e. £128.73 per week.

Does this affect the employee’s rights?

A male employee who qualifies for APL is entitled to:

• Return to the same job
• Return to the same terms and conditions of employment
• Not be subjected to a disadvantage, unfair treatment or dismissal.

Qualifying fathers are also entitled to unpaid parental leave and to request flexible working.

What should I do now?

If you have male employees whose wives or partners are expecting a baby, you should let them know about their rights to additional paternity leave. You can also ask them if they might want to take that additional leave and encourage them to give you as much notice as possible.

If you have employees who might be entitled to the additional leave, you should also look at their role and responsibilities and consider how these would be covered if the employee did take a leave of absence.

Questions?

If you have any questions about paternity leave or any other employee entitlement, please get in touch.