NEW Additional Paternity Leave - 16 April 2010

The Additional Paternity Leave Regulations 2010 and the related pay provisions came into force on 6 April 2010 but will not take effect until 2011. Broadly speaking, the new Regulations allow the “sharing” or “transfer” of maternity leave or adoption leave to a father or partner, save that where the leave is transferred it will instead be called “Additional Paternity Leave”.

The Regulations apply to employed partners or fathers of children whose expected week of childbirth or placement for adoption is after 3 April 2010 where the mother has returned to work. The Regulations will also apply to employed civil partners and same sex couples. To qualify employees must have 26 weeks of continuous service with their employer.

The Regulations will entitle fathers or partners of the mother or adopter to take additional paternity leave of up to 26 weeks during the first year after the birth or adoption. These employees will be entitled to receive additional statutory paternity pay, which is paid at the same rate as statutory maternity pay. The duration of additional statutory paternity pay will be dependent on the number of weeks the mother or adopter has remaining of their statutory maternity pay or statutory adoption pay.

Additional maternity leave is for a maximum of 26 weeks and a minimum of 2 weeks. It must not commence until at least 20 weeks after the birth or adoption and must not end later than 12 months after the birth or adoption.

Employee handbooks and policies will need to be updated to comply with the new paternity leave rights. Additionally, although employees will be required to “self-certify” their eligibility for additional paternity leave, employers may wish to carry out further checks to determine eligibility and can request information from the mother or adopter employer, therefore it is advisable to revisit maternity leave policies in this regard.

HM Revenue & Customs will carry out compliance checks on employers who could face penalties where fraudulent claims for additional paternity pay are made, however employers will have a defence if they can demonstrate that they made the claim in good faith. Employers may wish to exercise their disciplinary policies in relation to employees found to have made fraudulent claims or representations about their eligibility.