Left Holding the Baby (June 2010)

This may be the case for many more fathers as from April 2011 when statutory paternity leave increases to 6 months.

As a result of the new legislation, fathers of babies due on or after 3^rd April 2011 will be entitled to take up to 26 weeks paternity leave by effectively sharing the mother's statutory maternity leave. This additional paternity leave can only be taken when the mother has returned to work without having taken her full statutory maternity leave.

The right to additional paternity leave accrues in the same way as the right to current statutory paternity leave. In order to qualify, the father must have worked for his current employer for at least 26 weeks by 14 weeks before the due date.

The rights of the father whilst on this statutory paternity leave remain the same e.g all his terms and conditions of employment continue except for the right to pay and the father has the right to return to the same job on the same terms and conditions at the end of his paternity leave.

The right to statutory paternity pay has also been increased and fathers will be entitled to up to 19 weeks statutory paternity pay provided that the mother has not exhausted her right to statutory maternity pay before she returned to work.

There are conditions as to how a father can exercise the right to take additional paternity leave. Generally, leave cannot be taken until the baby is at least 20 weeks, it must be taken in one block of up to 26 weeks and must be completed by the baby's first birthday.

It will be interesting to see how many fathers take up this right, recent surveys indicate that it will be less than 6% of new fathers. However in the meantime, businesses need to get ready for the introduction of additional paternity leave by:-

1. Training HR/Personnel staff as to the new rights and how they can be exercised;
2. Reviewing and amending any current staff handbook and maternity/paternity policies;
3. Considering whether enhanced paternity pay should be offered where a business currently offers enhanced maternity pay to its female employees.

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