Additional paternity leave and pay

Until recently, fathers or partners of adopters have been able to take up to two weeks’ paid paternity leave.

However, the Additional Paternity Leave Regulations 2010 introduced the concept of additional paternity leave (“APL”) and additional statutory paternity pay. Essentially this permits an eligible employee to take a maximum of 26 weeks’ APL before the child’s first birthday.

These rights will affect parents whose babies are due on or after 3 April 2011, or in the case of adoption, who are notified of having been matched on or after 3 April 2011.

For a father/partner to be able to take APL, the mother or adopter must return to work having not exhausted their entitlement to statutory maternity or adoption leave (i.e. a mother and father/partner will not be able to take maternity leave and APL at the same time).

The earliest a father/partner will be able to take APL is 20 weeks from the date of birth of the child or placement for adoption. The minimum period of APL is 2 weeks and the maximum is 26 weeks. APL must be taken in multiples of complete weeks and as one period.

Something else for all family businesses to bear in mind...

Sarah-Jane Walsh, Solicitor, Farrer & Co
For more information please visit www.farrer.co.uk