With effect from 3rd April 2011 there are going to be changes to the current legislation surrounding paternity leave. After much debate, the laws regarding paternity leave are being amended to incorporate a fairer and more consistent approach to family friendly policies such as this.
Currently, ordinary paternity leave is taken by an employee over a 2 week consecutive period following the birth of the child. To qualify for ordinary paternity leave an employee must have at least 26 weeks continuous service by the end of the 15th week before the baby is due. The changes incorporating additional paternity pay apply to employees who qualify for ordinary paternity pay and who's child is due on or after the 3rd April 2011.
Additional paternity leave can be taken for a maximum of 26 weeks and be taken anytime between the 20 week mark and the one year mark. APL allows the child's father / mothers partner to share the mothers maternity leave following the birth of the child making this a very positive development for many relationships.
However, APL cannot be taken unless the child's mother has returned to work following her shortened period of maternity leave. Both parents cannot be receiving maternity and paternity pay at the same time.
These Employment Law changes take effect from 3rd April 2011 and it is important that employers incorporate these changes in their current policies and procedures to ensure their employees have access to the correct information and statutory benefits. Organisations should seek professional advice is they are unsure as how to proceed in these circumstances or require any additional information.