Employment Law Topics – Maternity & Paternity Rules

 

This page is meant to give business owners and managers an overview of some recent changes in maternity and paternity requirements.

 

If you would rather call for immediate help or have a question relating to maternity or paternity issues in relation to your employees call us on 01543 308642 or email us at info@creamhr.com and we’ll try to answer your specific question.

 

Maternity and Paternity rules seem to change more than almost any other area of employment law and even when they’re not changing it’s quite likely that somewhere, someone in a position of power (or at least relative power) is looking at maternity and paternity rights with a view to potential change.

 

From a simply operational point of view there a whole host of government web sites that ask you to enter the relevant data about your employee with regard to their basic entitlements.  If you need any advice regarding one of your employee’s entitlements and are struggling, please call us and we will be happy to help

 

What we really wanted to point out in this page was the significant changes that took place this year regarding additional paternity leave and pay.

 

From 3rd April 2011 mothers and fathers of children or adopted children are able to split or share up to 12 month’s leave between them.

The primary changes affect the father and relate to Additional Paternity Leave and Additional Paternity Pay. The changes can appear to be quite complicated and we thought that it might be useful to set out some simple guidelines in relation to the main changes.

Provided that your employee’s qualify for Statutory Maternity, Paternity or Adoption Leave and Pay the new regulations allow –

  • The father or partner of a mother or primary adopter to take Additional Paternity Leave of up to a maximum of 26 weeks, provided that the partner (the mother or primary adopter) has returned to work
  • This leave can be taken between 20 weeks and one year after the birth or adoption of the child
  • The payment of Additional Paternity Pay if paternity leave is taken during the mother’s or primary adopter’s 39 week maternity period – provided the mother/primary adopter has returned to work

 

There has been no (statutory) guidance issued regarding how much notice the father or partner needs to give regarding their intention to take this leave and we think it sensible that you should communicate a policy that asks for 4 weeks notice of their intention.

This entitlement is a statutory one and as such if the father or partner gives less notice and provided they are entitled to the Additional Paternity Leave and/or Pay then you will need to allow them to take it.

As part of this provision you will need to check with their partner’s employer that the partner (mother or primary adopter) has planned to return to work from the date of the intended leave and you can ask to see a copy of the child’s birth certificate.

We are not sure how great the uptake of this new entitlement will be, but it does have the potential to be a little awkward to manage!

If you have any questions regarding Statutory Maternity or Paternity provisions for your employees, call us on 01543 308642 or email us at info@creamhr.com and we’ll help to answer your specific question.

 

 

DISCLAIMER – should you decide to use any of the information provided on this site without our expert guidance, you do so at your own risk.  

Almost every employment/employee related situation is unique and as such it is always wise to seek specific expert advice before undertaking any action.