What is the difference between Paternity Leave
(P.L.) and Additional Paternity Leave (A.P.L.)?
Paternity leave (P.L.) is either one or two full weeks
of paid leave taken after the birth of a child. However, from 3rd April 2011
eligible employees will also be able to take up to 26 weeks additional paternity
leave (APL) to enable them to care for a child under the age of one.
When will fathers be able to take additional
paternity leave?
Additional Paternity Leave (APL) can only be taken once the mother of the
child has returned to work i.e. the mother and father will not be able to
take maternity leave and APL at the same time.
APL cannot start before the child is 20 weeks old. It must have finished by
the child’s first birthday.
Who is eligible to take additional paternity
leave?
An eligible employee must have been continuously employed for 26 weeks
before the ‘relevant week’ which is the week immediately before
the 14th
week before the baby is due.
Is it just fathers who will be entitled to additional
paternity leave?
No. The new regulations will also apply to adoptive parents who have been
matched with a child after 3 April 2011 (the primary adopter will be entitled
to take adoption leave which mirrors maternity leave).
Where the employee is married to, or is the same sex civil partner of, the
child's mother but is not the child's father, they will also be entitled to
take leave if they expect to have the main responsibility for bringing up
the child.
How much notice must an employee give if they
wish to take additional paternity leave and pay?
An employee must give 8 weeks written notice before taking Additional Paternity
Leave. It is the same for Paternity Leave.
Does the leave have to be taken in one go?
Yes. The leave must be taken as one continuous period. The minimum period
is two consecutive weeks and the maximum period is 26 weeks.
What about Statutory Paternity Pay?
Statutory Paternity Pay is paid to those taking Additional Paternity Leave
(£128.73 a week from 3 April 2011) However, there are also other eligibility
requirements e.g. All additional Paternity leave taken after the end of your
partner’s 39 week Maternity Allowance, Statutory Maternity or Statutory
Adoption Pay period is unpaid.
Go to: www.direct.gov.uk
for more details.
How will A.P.L. be administered?
In the first instance an employee wishing to take APL will have to give at
least 8 weeks written notice to their employer along with a declaration from
the mother stating her name, address and National Insurance number and the
date on which she intends to return to work. The mother must also confirm
that the employee proposing to take APL is the only person exercising the
right to APL in respect of the child. Sometimes an employer will also ask
for a copy of the child's birth certificate and the name and address of the
mother's employer.
