Home | News & events | Legal updates | Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Statutory paternity leave and pay extended for babies due on or after 3 April 2011
27 January 2010
Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Currently, fathers are entitled to just two weeks statutory paternity leave. This will change when the new provisions come into force so that eligible employees will also be able to take up to 26 weeks additional paternity leave (APL) for the purpose of caring for a child under one.
It is important to note that APL can only be taken once the mother of the child has returned to work so that a mother and father will not be able to take maternity leave and APL at the same time. The earliest APL will be able to start is when the child is 20 weeks old.
The changes are likely to be more complex for employers to implement than previous extensions to family friendly laws due to the fact that the right to take APL and be paid for it at the statutory rate will be dependant upon the mother of the child having returned to work.
Since not all parents work for the same employer there will inevitably be an additional level of administration involved for employers.
The Government promised it would adopt a ‘light-touch’ when applying the new right, and so the system will rely heavily on self-certification by the parents as regards eligibility.
An employee wishing to take APL will have to give the required notice and various pieces of information to their employer including a declaration from the mother setting out their name, address and National Insurance number and the date on which they intend to return from maternity leave.
The mother must also confirm that the employee proposing to take APL is the only person exercising the right to APL in respect of the child. An employer will then, if they wish, be able to request a copy of the child's birth certificate and the name and address of the mother's employer.
Women are currently entitled to take up to 52 weeks maternity leave. Statutory maternity pay (SMP) is available during the first 39 weeks of this leave (assuming certain conditions are met). A father will only be entitled to be paid at a flat rate that is equivalent to SMP (currently £123.06 a week) during APL if they take the leave during what would have been the mother’s paid maternity leave period.
Additional paternity leave will also be available on the same terms for those who are adopting children.
© Shoosmiths. This page is for general information: it is not legal advice. Please read our full terms and conditions for details of the disclaimers and exclusions which apply.
Search the site
Enter the keywords below to search:
Get in touch
Katy Meves
Professional Support Lawyer
T: 03700 86 6971
I: +44 (0)1489 61 6971
E: katy.meves@shoosmiths.co.uk