Date 25 March 2011
Changes relating to the way in which maternity and paternity leave can be taken by employees came into force last April, with the introduction of additional paternity leave (“APL”). This will affect parents of babies due on or after 3 April 2011, and adoptive parents who are matched with a child for adoption after this date.
To prepare for the change, here are a few points to be aware of regarding APL, and what your obligations are towards employees requesting this new type of leave:-
- Fathers and adoptive fathers will have the right to take between 2 and 26 weeks APL. This is in addition to the 2 weeks of ordinary paternity leave (“OPL”) which employees are already (and will remain) entitled to take, subject to fulfilling eligibility requirements
- The APL will be available to the father, on the basis that the mother, or adoptive partner has returned to work. The employee will be expected to provide information to their employer, to confirm that this is the case
- Fathers will be eligible to take APL if they have the requisite length of service, are the spouse, partner or civil partner of the other parent, and have, or expect to have responsibility for caring for the child
- Employees are entitled to return to work on the same terms upon which they were employed immediately prior to taking the period of APL
- The employee should provide the employer with 8 weeks’ notice of their intention to take APL
For practical hints and tips of how to handle the changes to paternity leave, please click here.
© SA LAW 2011
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