8 March 2011

New Paternity Rules on or after 3rd April 2011

Employed new fathers who have completed sufficient continuous employment with their employer already have the right to two weeks' paternity leave with statutory paternity pay. New rules allow them to take additional paternity leave for a maximum of a further 26 weeks once the mother has gone back to work.

The general idea is that where parents of a child are both working, then once the mother goes back to work (a pre-condition of the new right) the father can then take up to 26 weeks of "additional paternity leave". This right to additional paternity leave is NOT a right to share the 52 weeks maternity leave available to mothers - in practice it may often have that result but in law the father's right to additional paternity leave is separate from the mother's right to maternity leave. The total, taking them both together, can exceed 52 weeks.

Partners and civil partners as well as husbands can have the right in appropriate circumstances. There are anti-fraud provisions built into the regulations.

To the extent that additional paternity leave is taken during the mother's 39 week maternity pay period it will be paid leave, paid at the same rate and in the same way as statutory maternity pay (''SMP'') (currently £124.88 per week, increasing to £128.73 as from 11th April 2011).

The regulations came into force on 6th April 2010 but have effect only in relation to children whose expected week of birth (or matching for adoption) begins on or after 3rd April 2011.