THE RIGHT TO ADDITIONAL PATERNITY LEAVE AND PAY

Why has this been introduced?

As part of its programme of family friendly work policies to achieve a work life balance, from 6 April 2010 the government has introduced legislation which allows eligible employees to take additional paternity leave (APL) and to have the right to additional statutory paternity pay (ASPP).

What does it comprise?

Under the Additional Paternity Leave Regulations 2010, additional paternity leave will be for a maximum of 26 weeks and minimum of 2 weeks to care for a child. The government has ensured that the entitlement is available to employees of small businesses.   However, small businesses can claim back from the government 104.5% of additional statutory paternity payments made in the same way that a claim can be made for statutory maternity pay . A small business is defined as paying less than £45,000 in national insurance contributions in a year.

An employee will be eligible if their partner is due to give birth on or after 3 April 2011 or if they and/or the other adoptive parent are told on or after 3 April 2011 that they have been matched with a child for adoption.

The eligibility criteria for APL are the same as they are for 'ordinary' paternity leave. Under the Regulations the APL must not start until:

• at least 20 weeks after the birth or placement for adoption; or
•  once their 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 . Statutory maternity pay increased in April 2010 to £124.88 per week.

The APL must end not later than 12 months after the birth or placement for adoption. It may only be taken in multiples of complete weeks.

How does APL fit with Statutory Maternity Leave?

Parents now have a choice to divide paid leave between them as the Regulations allow mothers to transfer the second six months of their maternity leave to the child’s father.  The father will only receive additional statutory paternity pay (ASPP) during the time their partner would have been receiving statutory maternity or adoption pay, or maternity allowance.

What should your employee do to take claim APL and ASPP?

 Under Regulation 6 there are additional notification requirements for employees wishing to take APL.   Eight weeks before they want to start their APL, your employee must supply to you:

• notice of when they wish their leave to start;
• a declaration stating that they are taking the leave to care for the child;
• a declaration from the mother or other adoptive parent stating certain required information .

If they are also eligible for ASPP, the employee will also have to state when they expect their ASPP period to begin and end.

If you have any questions on how to comply with this legislation or on how it operates please contact Fiona Hume

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