05 September 2010

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This website contains a summary of various aspects of employment law. It is not intended to provide legal advice for specific cases. No liability is accepted for reliance on any of the information on this website. If advice is required please contact the firm.

Julian Taylor Solicitors is the trading name of Julian Taylor Solicitors Limited, a company registered in England and Wales with registration number 0717586.
Julian Taylor Solicitors Limited is recognised and regulated by the Solicitors Regulation Authority and all of its directors and members are solicitors of England and Wales.

The Government has recently published draft regulations to facilitate the introduction of additional paternity leave ("APL") and additional statutory paternity pay ("ASPP") on top of the current entitlement to up to two weeks paternity leave and pay within the first 56 days of a child's life (or a child's placement for adoption). The regulations are set to come into force on 6th April 2010 and shall apply to parents of babies due on or after 3rd April 2011 (or who are notified of having been matched with a child for adoption on or after that date).

It is intended that the regulations will allow eligible employees (ordinarily fathers) between 2 and 26 weeks APL to care for a child over 20 weeks old (or who has been placed for adoption for 20 weeks) up to the child's first birthday. APL will have to be taken as one period and in complete weeks. The right will only crystallise if and when the mother (or adopter) returns to work without exhausting her statutory right to maternity or adoption leave. Maternity (or adoption) leave and APL cannot be taken together, but there may be a gap between the end of maternity (or adoption) leave and the start of APL. To be eligible for APL, the person applying for the leave will have to:

• have 26 weeks continuous employment with the employer up to and including the 15th week before the expected week of childbirth (the "EWC") (or the date on which the adopter is notified of having been matched with a child for adoption) and must have continued in employment with the same employer up to the date on which they intend to take APL; and
• be the father of the child, or be married to or be the (civil) partner of the mother; and
• have (main) responsibility for the child's upbringing; and
• take the leave for the purpose of caring for the child or supporting the child's mother; and
• satisfy the notification and evidentiary requirements.

The regulations will also allow for these employees to be paid ASPP if the mother (or adopter) was entitled to statutory maternity allowance, statutory maternity pay or statutory adoption pay. The eligibility criteria are largely the same as for APL. It is intended that the number of weeks for which ASPP is payable shall depend on the number of weeks that the mother (or adopter) has left of her statutory pay entitlement. The standard weekly rate for ASPP is to be set at £124.88 per week or 90% of normal weekly earnings if lower.