The government has published draft rules on how proposals for Additional Paternity Leave will work. It has also confirmed its intention to introduce the new rules for parents of babies born after 3rd April 2011.
The long-awaited changes will allow a father to take additional leave by transferring some of the mother's unused leave to him. However, further changes to extend the period of paid Maternity Leave from nine months to a year have been shelved.
What's happening?
The Government has long had the ambition to extend paid Maternity Leave for mothers to 12 months (up from the current 9 months) and to allow mothers to transfer up to 6 months' of the entitlement to fathers, to take as Additional Paternity Leave, in addition to the two weeks' Paternity Leave currently allowed.
The proposals have not been implemented as quickly as first expected – the changes were expected to be fully effective by April 2010. The delay has, at least in part, been due to the impact of the recession on employers and the government's recognition that introducing the changes might put additional burdens on employers at a difficult time.
The current proposals are:
One welcome part of the proposals from an employer's point of view is that a simple "self-certification" process has been proposed for parents to request the new leave.
The proposals are currently under consultation, so the final version of the regulations might be different, but it is not expected there will be significant changes at this stage.
Summary - how the new rules will work
How Mentor can help
Mentor will be providing updated guidance ahead of the rule changes in April 2011. However, the consultation on the draft regulations is still in progress, and any change of government in 2010 - following a general election - might mean further changes to the proposals.
If you need further help or clarification in the meantime, talk to our Employment Law Team.