Parents are now legally entitled to share time off work during the first year after childbirth. The right also extends to adoptive parents-to-be.
Fathers to be will qualify for these new rights if:-
• They are the father of a child due on or after 3rd April 2011;
• The person’s wife/partner/civil partner is pregnant and due to give birth on or after 3rd April 2011;
• The father-to-be receives notification of being matched with a child for adoption on or after 3rd April 2011;
• If the father and his partner are adopting a child from overseas, the child enters Great Britain on or after 3rd April 2011
The father-to-be must also:-
• Be an employee of the company he seeks paternity leave from;
• Have worked for his employer continuously for 26 weeks by the end of the 15th week before the baby is due to be born;
• Have/expect to have responsibility for the upbringing of the child to be born;
• Be the biological father or the mother’s husband or partner
What will the new rules entitle the father-to-be to?
Fathers-to-be who qualify for extended paternity leave will now be entitled to a maximum of 26 weeks’ leave, on top of the 2 weeks already allowed. This additional 26 week period can be taken from 20 weeks after the date of birth of the child, and must end by the child’s first birthday.
In the case of adoptive fathers-to-be, leave can be taken from 20 weeks after the birth of the child, and must end by the end of the 52nd week after the child starts living with the adoptive parents.
Paternity pay is the same as maternity pay, and is currently (as from April 2011) £128.73 per week, or 90% of the father-to-be’s average weekly earnings, whichever is the lesser amount.
How to claim
Fathers-to-be must give their employers notice (in writing) of their intention to take paternity leave at least 8 weeks before the intended start of this leave. Within this notice, fathers-to-be need to state the following:-
• The expected date of birth, or the expected date of being matched for adoption;
• The actual date of birth, or the date of the adoption placement;
• The intended start date of the additional paternity leave;
• Their relationship to the mother of the child