RIGHTS FOR NEW FATHERS

With the Additional Paternity Leave Regulations coming into force in April, what are the essential facts you need to know? What are the changes and how will they affect your business? Tom Woodward, Employment Law Solicitor at Mowbray Woodwards explains...

Around 700,000 babies are born every year in the UK, the majority of whom are to working parents. So if you are an employer, the changes to paternity leave rules will inevitably, at some point, have an impact on your business. Additional paternity leave is available to fathers for a maximum of 26 weeks, in addition to two weeks of ordinary paternity leave.To qualify for additional paternity leave, fathers must have been working for their employer for at least 26 weeks by the qualifying week which is the 15th week before the baby is due. In addition, fathers will need to provide their employer with notification of their intention to take paternity leave and to provide certification that they qualify under the rules.Employers will need to ensure that they have appropriate notification forms available and that employees have been made aware of changes to policies for parental leave.

An important rule is that fathers are only entitled to receive additional paternity pay during their partner’s statutory 39-week maternity period. Paternity leave can be taken at any time between 20 weeks and one year after the child is born, but it must have finished before the child’s first birthday. In the case of adoption, it can be taken any time between 20 weeks and 52 weeks after the child starts living with the adopter. Fathers must take the time off to care for the child, and the child’s mother must have been entitled to maternity leave/pay, have returned to work and ceased claiming maternity pay – only one parent may be on parental leave at any one time.

The current rate of additional statutory paternity pay is £128.73 per week or 90 per cent of average weekly earnings, whichever is less. Given the present squeeze on household income generally, the modest levels of paternity pay would seem likely to discourage many from taking full entitlement. It is also noteworthy that the Office of National Statistics found that in 2010, women in fulltime work were, on average, paid over 10 per cent less than their male counterparts – a disappointing fact given that the Equal Pay Act came in over 40 years ago – and one which will further restrict the take-up of additional leave by new fathers.

While many commentators are pointing to the apparent discrepancy between the government’s promise to cut red tape around employment law and recent legislation which in effect adds to the administrative burden, the Trade Unions have lauded the change  as an important development towards true work place equality. It is important to note that plans to provide exemptions to small firms and start-up businesses that apply to some employment law provisions will not attach to the paternity rules.

Whatever one’s philosophical standpoint, all employers need to ensure that their policies are updated to comply fully with the new changes. It will in any event be good practice for 2015 when the coalition intends to bring in a more pervasive, fully flexible system of shared parental leave. BL
For further information, contact Tom Woodward, employment law solicitor 01225 485700 or via email at: thw@mowbraywoodwards.co.uk