Gardner Leader

Changes to paternity leave

The Government intends to introduce additional paternity leave by allowing leave to be transferred between parents, with the new rights applying to parents of children born on or after 3 April 2011. Julie Taylor, Employment Solicitor at Gardner Leader LLP, reviews the developments:

What is the present position?

Currently, eligible fathers (and in some circumstances husbands or partners of the child's mother) have the right to take statutory paternity leave of either one or two consecutive weeks and receive statutory paternity pay subject to meeting the eligibility criteria. Generally, fathers are eligible where  they have 26 weeks of continuous employment  at the 14^th week  before the expected due date, and where they expect to have shared responsibility for the child.

What are the plans for extended paternity leave?

The Additional Paternity Leave Regulations propose to allow eligible employees to take a maximum of 26 weeks of additional paternity leave before the child's 1^st birthday. However, this right only arises where the mother has not taken all of her statutory maternity leave entitlement and has returned to work. This means that mothers and fathers will not be able to take maternity leave and additional paternity leave at the same time.

The eligibility requirements are likely to mirror those for statutory paternity leave summarised above and the earliest fathers will be able to take the additional leave will be 20 weeks from the date of the birth of the child. Additionally, employees will be required to give at least 8 weeks notice of their intention to take additional leave.

When will this come into force?

The Regulations are due to come into force in the Spring and the new rights will apply to fathers of babies born on or after 3 April 2011.

What does this mean for businesses?

Employers will need to update their paternity policies and ensure that they are ready for the changes next year. Fathers who take additional leave will also have the right to benefit from the terms of their employment while on leave, such as car allowances and mobile phones, in the same way as mothers currently do on maternity leave. The 'keeping in touch' days available to mothers are also expected to apply to fathers and fathers will have the same right to return to work to the same job on the same terms at the end of their paternity leave.

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