Author: Kate Dodsworth

Issue: May 2010

Publication: EADT

At present, new mothers are entitled to 52 weeks of maternity leave regardless of length of service and new fathers can take up to two weeks’ paternity leave once they have chalked up 26 weeks’ continuous employment.  A similar regime applies to adoptive parents.

Most of us are used to mothers taking up to 12 months away from work to care for a new arrival. For babies born or matched for adoption on or after 3rd April 2011, however, life may become quite different. From this point on, fathers will have the option of taking up to 26 weeks’ Additional Paternity Leave (“APL”). In doing so, qualifying fathers use a share of their partner’s remaining leave entitlement, in order to look after the child after she returns to work.

Once a couple has agreed that a father would like to take advantage of APL, the additional leave can start anytime from 20 weeks following the child’s birth, although it must coincide with the mother going back to work. Although 26 weeks are available, couples should keep on eye on when the leave is due to start and finish, as the overall leave taken by both parents must not exceed 52 weeks.

As with maternity leave, there are a number of procedural hoops to jump through for both men and women in this position. Whilst the eligibility criteria are the same as ‘ordinary’ paternity leave, there are additional notification requirements for employees wishing to take APL, which must be fulfilled eight weeks before the leave is about to start, including a declaration from the mother confirming either that the employee is the baby’s father, adoptive father or her partner or husband and that he has responsibility for the baby’s upbringing.

Fathers on APL will receive additional statutory paternity leave pay (“ASPLP”) but only during the time their partner would have received statutory maternity or adoption pay (“SMP”). ASPLP will be paid at the same rate as SMP, which is currently £124.88 per week.

Although 3rd April 2011 seems a long way off, the Regulations are already in force and the new rights will apply to couples who become pregnant in the next few months onwards. This is, therefore, the ideal time for the employers amongst you to dig out your maternity and paternity policies and take advice to make sure they comply with the Regulations, or risk being caught out when your employee notifies you of his intention to take APL next year!


This article is for general information purposes only and does not constitute legal or other professional advice. You should not act or rely upon this information.

Kate Dodsworth
Solicitor, Employment Department

Tel: 01473 232425
Email: kate.dodsworth@ashtonkcj.co.uk

This article is for general information purposes only and does not constitute legal or other professional advice. You should not act or rely upon this information.

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