New Paternity Rights Apply From 3rd April 2011

New paternity rights will apply where a child is due on or after 3rd April 2011.

Under existing law, fathers are entitled to take up to two weeks’ paid paternity leave on the birth of a child. The underlying purpose of the new paternity rights is to allow a mother of a newborn child to transfer part of her right to maternity leave and statutory maternity pay to the father of the child or her husband, partner or civil partner.

An employee is entitled to additional paternity leave (APL) if:

• The employee has been continuously employed by his present employer for at least 26 weeks' by the end of the 15th week before the start of the week when the baby is due;
• He is the father of the child or married to, or the civil partner or partner of, the child’s mother;
• He has the main responsibility (alongside the mother) for the upbringing of the child; and
• The child’s mother has returned to work.

APL must be taken:
• in one block;
• for a minimum of two weeks;
• for a maximum of twenty six weeks;
• So as to start no earlier that twenty weeks after the date of the child’s birth; and
• So as to end no later than the child’s first birthday.

The child’s mother will normally entitled to 39 weeks’ statutory maternity pay (SMP). Under the new rules, if the mother returns to work at least two weeks before the end of the SMP period, an employee who is taking APL in order to care for a child and who satisfies a number of other conditions will be entitled to receive additional statutory paternity pay (ASPP) for the balance of the SMP Period. Payment of ASPP will be the responsibility of employers but they will be entitled to claim reimbursement of 92% of the payments (100% in the case of small employers) from HMRC.

Similar rights will apply in relation to a child placed for adoption on or after 3rd April 2011.

The above is no more than a summary of some of the main points relating to additional paternity leave and additional statutory paternity pay. The detailed rules are complex. If you would like to know more, please contact Nick Crook or Gareth Pobjoy.

Filed: 04/02/2011 12:20:02