In this article we discuss additional paternity leave, when it can be taken and who out of your employees is eligible to take it.
Additional paternity leave (APL) is a right available to parents of a baby due on or after 3 April 2011 and to adoptive parents who were notified that they have been matched with a child on or after that date. APL introduces a way that a parent can take time off work to care for their child during its first year. It's available to employees if their partner returns to work before the end of their maternity (adoption) leave.
APL is for a maximum of 26 weeks.
To be eligible to take APL, the child’s mother/adopter must have been entitled to:
And have returned to work.
APL can be taken by the spouse/civil partner/partner between 20 weeks and one year after the employee’s child is born or placed for adoption.
At least 8 weeks before starting additional paternity leave the employee must give notice. This includes:
During APL, the employee is entitled to all benefits that they would have received had they not been on paternity leave, except wages and salary (but including benefits in kind). This means that the employment contract continues and the period on paternity leave counts towards the employee’s continuity of employment.
Additional statutory paternity pay (SPP) is paid at £138.18 per week or 90 per cent of the employee’s average weekly earnings (whichever is lower). It's payable only during what would have been the employee’s spouse/partner/civil partner’s statutory maternity pay (SMP), maternity allowance or statutory adoption pay (SAP) period.
Employees are protected from detrimental treatment and dismissal for reasons connected with their rights to ordinary paternity leave (OPL) and APL.
Shared parental leave is due to be introduced in December. It's a new right that will allow eligible employees - who are mothers, fathers, partners and adopters - to choose how they share time off from work after their child is born or adopted. To take shared parental leave, the baby must be due to be born - or placed for adoption - on or after 5 April 2015.
If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.
Download our solicitor-approved Paternity Leave Policy to protect your business and comply with employment law.
Published on: August 8, 2014