Date 11 February 2010
Nearly four years after it was initially contemplated, the Government has published a set of draft regulations to facilitate the introduction of Additional Paternity Leave (APL) and paternity pay for working fathers. It is intended that these regulations will come into force on 6 April 2010.
Fathers are currently entitled to take two week’s Statutory Paternity Leave (SPL) within the first eight weeks following the birth and to receive two weeks’ Statutory Paternity Pay (SPP).
Under the new regulations, fathers will have the right to take Additional Paternity Leave to care for a child and to receive Additional Statutory Paternity Pay (ASPP). The maximum period of APL that fathers would be entitled to take is 26 weeks. This is subject to the child’s mother (or in the case of adoptions, the primary adopter) returning to work after six months of maternity (or adoption leave), but before the end of her maternity (or adoption leave) period expires. Some of the APL will be paid if it is taken during the mother's maternity pay period (or for adopted children, during the primary adopter's adoption pay period). The standard weekly rate for ASSP from 6 April 2010 has been set at £124.88 a week or 90% of normal weekly earnings if lower.
The regulations will apply to parents of babies due on or after 3 April 2011 and for adoptive parents who are notified of having been matched with a child on or after that date.
Action Points
It is recommended that you amend your employment policies and procedures before 3 April 2011 to take into account the new rights and to obtain guidance on the new regulations to ensure that you are aware of the changes and have sufficient information about them prior to them being implemented.
If you have any queries as to the implications that this could have on you or your organisation, please contact Helen Varley on 01727 798021 or by email at helen.varley@salaw.com.
© SA Law 2010
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