New legislation, introduced in April 2011, introduced the right to Additional Paternity Leave (APL). Here’s some guidance on how you can now handle requests for paternity leave.
An employee is eligible for paternity leave if he or she has been employed by your organisation for 26 continuous weeks by the end of the 15th week before the expected week of childbirth. Or, for adoption paternity leave, by the end of the week in which the child’s adopter is notified of being matched with a child.
An employee who meets these requirements is also eligible for additional paternity leave (up to 26 weeks) if the baby is due on or after 3 April 2011, or is placed for adoption on or after this date.
The employee must also have (or expect to have) responsibility for the upbringing of the child (if the father), or the main responsibility (if the mother’s husband or partner – including same-sex couples).
Notice requirements for employees wishing to take paternity leave (birth):
The employee must notify you of his or her intention to take paternity leave in or before the 15th week before the expected week of childbirth, unless this is not reasonably practicable.
The employee must inform you in writing of:
- the week the baby is expected
- whether they wish to take one or two weeks’ leave
- and when they want the leave to start
The employee is entitled to change the start date of the leave, provided he or she gives 28 day’s notice before the new leave period starts.
The employee must give at least 8 weeks’ notice of the intention to take additional paternity leave.
Notice requirements for employees wishing to take paternity leave (adoption):
The employee must notify you of his or her intention to take paternity leave no more than seven days after the date on which the adopter is notified of being matched with the child, or if that is not possible, as soon as is reasonably practicable.
The employee must inform you in writing of:
- the date on which the adopter was notified of being matched
- the date on which the child is expected to be placed with the adopter
- whether they wish to take one or two weeks’ leave
- and when they want the leave to start.
The employee must give at least 8 weeks’ notice of the intention to take additional paternity leave.
You should ask the employee for a signed declaration confirming that they meet the qualifying criteria shown above.
Paternity Leave (adoption)
If the employee is eligible for paternity leave, then grant them one or two weeks’ consecutive paternity leave. The employee can choose to start the leave on (a) the date on which the child is placed for adoption, (b) from a chosen date which falls on a specified number of days after the date on which the child is placed for adoption, or (c) on a predetermined date that is later than the date on which the child is expected to be placed with the adopter.
If the employee wishes to take additional paternity leave agree start dates, and the length of the leave to be taken.
Paternity Leave (birth)
If the employee is eligible for paternity leave, then grant them one or two weeks’ consecutive paternity leave. The employee can choose to start the leave on (a) the date of the child’s birth (whether earlier or later than expected), (b) on a chosen day after the date of the child’s birth (whether earlier or later than expected), or (c) from a chosen date which is later than the first day of the EWC. The leave must be taken within the period from the date of childbirth up to eight weeks after the EWC. No extra leave is available due to multiple births.
If the employee wishes to take additional paternity leave agree start dates, and the length of the leave to be taken.
Talk to the employee about their rights to paternity leave and pay, the right to return to work after the end of their leave, keeping-in-touch during leave, notice periods for a change in date of the start of paternity leave, as well as opportunities for flexible working.
If the employee is taking additional paternity leave determine whether there will be any outstanding statutory maternity pay or statutory adoption pay to transfer from the partner.
Cover the employee’s job during the paternity leave period (eg temporary cover by another employee, fixed-term appointment or agency worker) and inform the employee of these arrangements.
Pay the employee Statutory Paternity Pay (SPP) during statutory paternity leave. This will be paid at the statutory rate in force at that time, or 90% of the employee’s average weekly earnings. For purposes of simplicity it may be more manageable to calculate this on a daily basis.
During Additional Paternity Leave pay any outstanding statutory maternity pay or statutory adoption pay which the partner did not take.
Stay in contact with the employee on paternity leave (where considered necessary), including providing him or her with information about job and promotion opportunities, training opportunities and changes to work or the organisation.
Permit the employee to return to work following the end of their statutory paternity leave to their old job, with seniority, pension and other rights unaffected. If this is not possible following additional paternity leave, ensure the employee returns to a job of the same seniority with the same terms and conditions as the old job.
If the employee is granted additional statutory leave (eg additional adoption leave or parental leave of more than four weeks) allow the employee to return to the job in which they were employed before they took leave. If that is not reasonably practicable, they will be entitled to return to another job which is both suitable and appropriate in the circumstances, and on terms and conditions which are no less favourable had they not taken leave. Seniority, pension and other rights will be unaffected.
