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Latest News / article

05/05/2010

Additional Paternity Leave and Pay

Additional Paternity Leave

The regulations providing for additional paternity leave became law on 6 April 2010. Under the new scheme mothers will be able to transfer the last six months of their maternity leave to the child's father.  This right will apply where the child is due on or after 3 April 2011 or is expected to be placed on or after this date.
 
Currently employed fathers can take up to two weeks' statutory paternity leave and pay, and mothers receive a maximum of 52 weeks' maternity leave, of which up to 39 weeks are paid.  The new scheme is aimed at giving mothers and fathers more choice in child care responsibilities and a more equitable sharing of leave entitlements. It will mean that:
·         families will have the choice to transfer up to six months' leave to the child's father should they want to, which can be taken by the father once the mother has returned to work;
·         father's can start to take this leave from 20 weeks after the child is born, giving parents the option of dividing a period of paid leave entitlement between them; 
·         some of the leave may be paid if taken during what would have been the mother's 39 week statutory pay period.  Father's would receive the same rate of statutory maternity/adoption pay;
·         parents would be required to "self-certify" this new entitlement by providing details of their eligibility to their employer. 
·         the new right applies to the partner or civil partner of the child's mother or adopter
 
 
 
 
 
Who does the right apply to?
As with Ordinary Paternity Leave, Additional Paternity Leave is not limited to ‘fathers’.  It will apply to:
·         fathers
·         partners and civil partners of mothers
·         the partner or civil partner of a person adopting a child from Great Britain
·         and those adopting from overseas where the child enters Great Britain on or after 3 April 2011.
 
How much leave can be taken?
A minimum of two consecutive weeks and a maximum of 26 consecutive weeks.
 
When can leave be taken?
Leave can commence any time from 20 weeks after the child is born (or adopted) and must end by 12 months after the child is born (or adopted).
 
What other conditions are attached?
The father (including partner, civil partner, adopter) must have been eligible for Statutory Paternity Leave (i.e. have been continuously employed by the same employer for at least 26 weeks by the 15th week before the baby is due, or in the case of adoption be employed for 26 weeks by the week the adopter is matched with the child for adoption) and still be in the same employment until the week before he starts Additional Paternity Leave.
 
The father must have responsibility for the upbringing of the child.
The mother must have been eligible for:
·         maternity leave,
·         Statutory Maternity Pay (SMP), or
·         Maternity Allowance (MA),
·         have signed a declaration (see below) and have returned to work.
 
Additional Statutory Paternity Pay
 
A father who is eligible for Additional Paternity Leave may then be entitled to Additional Statutory Paternity Pay (ASPP), although there are a number of further conditions.
 
A father will only be eligible for Additional Statutory Paternity Pay if:
·         the child’s mother was entitled to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) or the child’s adopter was entitled to Statutory Adoption Pay (SAP); and
·         the child’s mother (or adopter) has returned to work
In that case the father will be eligible to receive Additional Statutory Paternity Pay only during the mother’s maternity pay period, i.e. the 39 weeks following the date she commenced her Statutory Maternity Pay.
 
A father will then qualify for Additional Standard Paternity Pay if his normal weekly earnings are above the Lower Earnings Limit for National Insurance purposes (currently £97 per week) for the eight weeks before the relevant week (i.e. 15th week before the baby is due, or in the case of adoption the week the adopter is matched with the child for adoption).

For more information please visit:  http://www.lge.gov.uk/lge/core/page.do?pageId=119771#contents-3

 

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