Paternity leave and pay


Currently, provided certain conditions are met, a father may take up to two weeks paternity leave.  However, on 6 April 2010, the length of paid paternity leave was extended in respect of babies due on or after 3 April 2011.

Fathers will have the right to a maximum of 26 weeks leave which can be taken at any time between the baby being 20 weeks and 1 year old.  The leave must be taken in periods of complete weeks and as a continuous block (subject to a minimum duration of two consecutive weeks).  Additionally, although there is no requirement for the leave to begin directly after the mother returns to work, the mother must have returned for the father’s leave to begin.

In order to minimise disruption to employers, the Government has aimed to keep the administration of additional paternity leave to a minimum.  To achieve this, fathers will be required to self-certify their entitlement to additional paternity leave and to provide their employers with certain information (such as the expected week of child birth and the date the employee wishes to start his leave).

It is intended that fathers will have broadly the same employment rights as mothers on additional maternity leave during and after additional paternity leave, for example, after a single period of additional paternity leave, an entitlement to return to the same job.

Any period of paid additional paternity leave will be pensionable.  As is the case for additional maternity leave, an employer will be required to continue to provide pension benefits on the basis that the father is still working normally, but if the scheme is contributory, he will contribute on the basis of the pay he actually receives.

Changes on the horizon?

Employment Relations Minister, Edward Davey, has confirmed that the Additional Paternity Leave Regulations will remain in force as an interim measure, but the Government intends to launch a consultation later this year to investigate how to extend the right to request flexible working to all employees and the design of a new system of flexible parental leave.

Author: Ian D’Costa