Extension of Paternity Leave 6/10/09
The Government has announced that fathers will have the right to take up to six full months of paternity leave. In essence, the father will be allowed to share maternity leave with the mother, who will be able to return to work anytime after six months, leaving the father to take what is left of the remaining 12 months of the maternity leave period.
The current position
Currently, employed fathers are entitled to take two weeks paid paternity leave on the birth or adoption of a child for which they have parental responsibility.
Mothers are currently entitled to fifty two weeks maternity leave, thirty nine weeks of which are paid. Where a couple adopt a child, one may take adoption leave (a period of fifty two weeks) and the other may take paternity leave. This also applies to couples of the same sex living together.
The new position
The Government’s announcement will give mothers who wish to return to work during the last six months of their maternity leave the right to convey the remainder of their outstanding leave to their partner. This would now mean that fathers should be entitled under statute to a maximum of three months paid leave (at the flat rate of Statutory Maternity Pay) and three months unpaid leave. This new entitlement to share maternity leave will also be available to same sex couples.
The principle of self-certification will apply, meaning that parents will be required to prove to their employers that they are eligible. The changes are intended to come into force by April 2010 for the benefit of parents of children due on or after 3 April 2011.
Implications for employers
The extension of paternity leave will obviously be of benefit to families in that it gives parents more choice as to how they use their statutory leave. Allowing parents this greater degree of flexibility will bring this area of the law more into line with flexible working practices.
Many employers will no doubt have concerns over the additional administrative burdens this change may bring, particularly in these uncertain economic times. The Government claims that in view of the low uptake of parental leave by fathers to date (the 13 weeks’ unpaid leave currently available to many fathers), only a small proportion of businesses will be affected.
It remains to be seen how popular the uptake of additional paternity leave will be but it is likely to herald a cultural change in many workplaces if men start to seek 6 months leave.
Further information
For further information on this or any employment-related issue, please contact Alun Thomas, or your usual contact within the Employment Unit.
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