regulations on additional paternity leave and pay
Regulations on additional paternity leave and pay have been laid
before Parliament, coming into force on 6 April 2010. However they
will have effect only for parents of babies due on or after 3 April
2011 (or notified of an adoption match with a child after that
date). As specified previously by the Government, the eligibility
criteria in relation to childbirth are that:
- the employee has 26 weeks' service at the end of the 15th week
before the expected week of childbirth and is still employed the
week before the intended leave
- the employee is the child's father, or is married to, is the
partner of, or the civil partner of, the child's mother
- the employee expects to have responsibility for the upbringing
of the child
- the employee has complied with the notification
requirements
- the child's mother is entitled to statutory maternity leave,
pay or maternity allowance and has returned to work
- the child's mother has signed a declaration specifying certain
information
Additional paternity leave (APL) may only be taken after
the child is 20 weeks old. The minimum period of leave is two
weeks, and the maximum is 26 weeks, which must be taken in blocks
of one week and in one continuous period. The notification
requirements are that, eight weeks before the intended APL start
date, the employee must supply the employer with details about the
child's due date and birth date, the intended period of leave, a
declaration as to eligibility and the mother's declaration. The
employer is entitled to request a copy of the birth certificate and
details of the mother's employer or place of business.
The regulations set out similar requirements which apply in the
case of adoption. They also specify what may happen in the event
that the employee wishes to vary or cancel APL. As in the case of
maternity leave, the employee will be entitled to keeping in touch
days. Separate regulations set out the entitlement to additional
paternity pay which is dependant on the mother or primary adopter
having been entitled to SMP, Maternity Allowance or SAP.
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