Paternity Leave and Pay – Additional paternity leave and pay will come into force from 3rd April 2011.

Introduction of additional paternity leave and pay

Additional paternity leave and pay will come into force from 3 April 2011, eligible employees will gain the right to additional paternity leave and pay (APL&P).

The right will apply where:

• their partner is due to give birth on or after 3 April 2011
• they and/or the other adoptive parent receive notification on or after 3 April 2011 that they have been matched with a child for adoption

Additional paternity leave (APL) will allow an employee to take up to 26 weeks’ leave to care for the child.

The employee will only be able to start their APL:

• 20 or more weeks after the child’s birth or placement for adoption
• once their partner has returned to work from statutory maternity leave or statutory adoption leave and/or ended their entitlement to statutory maternity or adoption pay, or maternity allowance

The employee’s APL will have to have ended by the end of the 52nd week after the child’s actual birth or placement for adoption.

The employee will only receive additional statutory paternity pay (ASPP) during the time their partner would have been receiving statutory maternity or adoption pay, or maternity allowance.

The eligibility criteria for APL&P are the same as they are for ordinary statutory paternity leave.

However, there will be additional notification requirements for employees wishing to take APL&P.

These are that, eight weeks before they wish their APL to start, the employee will have to give you:

• notice of when they wish their leave to start
• a declaration stating that they are taking the leave to care for the child
• a declaration from the mother or other adoptive parent stating certain information

If they are also eligible for ASPP, the employee will also have to state when they expect their ASPP period to begin and end.

• For an overview of current law in this area, see Business Link’s guide: Additional paternity leave entitlement

Full title of regulation
Additional Paternity Leave Regulations 2010 (SI 2010/1055); Additional Statutory Paternity Pay (General) Regulations 2010 (SI 2010/1056); Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010 (SI 2010/1060); Employment Rights Act 1996 (Application of Section 80BB to Adoptions from Overseas) Regulations 2010 (SI 2010/1058)