You can be forgiven for not getting over excited about the numerous and variously titled Regulations concerning paternity leave and pay which all came into effect on 6 April 2010, because none of them will actually impact until April 2011.
However, it is important to be ready for these changes. Holly Dobson, partner in Wake Smith & Tofields' Employment team explains the main points:-
What is the new right?
Additional paternity leave will be for a maximum of 26 weeks and a minimum of 2 weeks (but must not start until at least 20 weeks after the birth or placement for adoption). Additionally, the leave must not end no later than 12 months after the birth or placement for adoption.
When does the right apply?
The right only applies where:-
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The partner is due to give birth on or after 3 April 2011
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They and/ or the other adoptive parent receive notification on or after 3 April 2011 that they have been matched with a child for adoption
The additional paternity leave only applies once the partner has returned to work from statutory maternity leave or statutory adoption leave and/ or ended their entitlement to statutory maternity or adoption pay, or maternity allowance.
In other words, this gives parents the option of dividing a period of paid leave entitlement between them.
What about pay?
Employees will only receive Additional Statutory Paternity Pay (ASPP) during the time their partner would have been receiving statutory maternity or adoption pay, or ma
ternity allowance.
What are the notice provisions?
Parents will be required to "self certify" by providing details of their eligibility to their employer. Employers and HMRC will both be able to carry out further checks of entitlement if necessary. Eligibility criteria are the same as for "ordinary" paternity leave. However the additional notification requirements are that:-
8 weeks before they wish their additional paternity leave to start the employee must provide the employer with;
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Notice of when they wish their leave to start
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A declaration stating that they are taking the leave to care for the child
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A declaration from the mother or other adoptive parent stating certain information.
If you have any questions, or would like further information, please contact Holly Dobson on 0114 266 6660 or email [email protected]
