New Paternity Leave Proposals - June 07
The Government has published a consultation document on its proposals to extend fathers' rights to paternity leave.
The proposals aim to give fathers (which may include partners and civil partners as well as adoptive parents) the right to take up to 26 weeks paid additional paternity leave, during the second six months of a child's life. Currently fathers are only entitled to take two weeks ordinary paternity leave, which must be taken within 56 days of the birth.
The Government intends to introduce this right at the same time as extending the paid maternity leave period to 52 weeks.
In practice this is intended to give parents the opportunity to divide childcare responsibilities and take an equal period of paid leave following the birth of their child, should they choose to do so. The combined leave period will total 52 weeks with the father's right to leave being reliant on the mother returning to work.
The earliest date that these changes are likely to take place is 5 April 2009, but there is no definitive implementation date as yet.
To qualify for the additional paternity leave fathers will need 26 weeks service 15 weeks before the expected week of childbirth (the same requirement as currently applies for ordinary paternity leave). They will receive pay during the leave period at a rate equivalent to the statutory maternity pay flat rate, providing they earn over the national earnings limit. It is proposed that employers rely on a self-certificate signed by both parents to confirm that a father is eligible to paternity leave.
It is also proposed that fathers will have to notify their employer that they wish to take this additional paternity leave a minimum of 8 weeks beforehand, at the same time as mothers advise their employer that they wish to return to work before the end of their 52 week entitlement.
When implemented these proposals will give parents far more flexibility to choose how they manage their childcare arrangements following the birth of their child but are likely to present a significant challenge for employers.
The consultation remains open until 3 August 2007 and is available on the DTI website (http://www.dti.gov.uk/).
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