Paternity Leave Regulations Published
The Government has published its response to its eight-week consultation on paternity leave and pay and at the same time has published six sets of draft regulations to enable the introduction of additional paternity pay and leave for Parliament to consider as soon as possible.
In September 2009, the Government launched a consultation on draft Regulations that will enable eligible fathers to take up to 26 weeks Additional Paternity Leave (APL). The Government has now published the responses, most of which were positive. Two thirds felt that the proposed scheme struck the right balance between the need for certainty of the entitlement and the need to keep administration simple.
The Regulations will mean that during the second six months of the child's life fathers will be entitled to up to six months extra leave, which they can take once the mother has returned to work – this gives parents the option of dividing a period of paid leave between them. If the leave is taken during the mother's 39 week maternity pay period the leave may be paid at the same rate as Statutory Maternity Pay (currently £124.88). Any leave taken after the mother's maternity pay period expires will be unpaid.
The Government intends the law to be in force by April 2010 but in order to give employers time to adjust to the changes, it will only affect the parents of children born on or after 3rd April 2011.