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You are in: Home Page | About Thompsons | Everyday Law | Extended paternity leave


March 2010

Extended paternity leave

Parents of children due on or after 3 April 2011 (and parents of adopted children matched on or after that date) will have the right from April this year to “share” the mother’s maternity leave.

The new right means that a mother can transfer the last six months of her 52-week maternity leave to the father if she decides to return to work before the end of her leave. As with current paternity leave (which only lasts for two weeks), additional paternity leave extends to partners and civil partners of mothers.

The Government says that the idea behind the new regulations is to enable parents to share a period of paid leave between them, giving families greater flexibility in how they choose to look after their children.

Among other things, the regulations state that:

• Fathers who have been continuously employed for at least 26 weeks will be entitled to up to six months extra leave, which can be taken once the mother has returned to work
• Some of the leave may be paid if taken during the mother’s 39 week maternity pay period at the same rate as Statutory Maternity Pay
• Parents will be required to “self certify” by providing details of their eligibility to their employer. Employers and HMRC will both be able to carry out further checks of entitlement if necessary
• The leave can start from 20 weeks after the baby’s birth (or adoption) and must end 12 months after the child is born (or adopted)
• The minimum period of leave is two consecutive weeks and a maximum of 26 consecutive weeks
• In order to be entitled to take the leave strict notice provisions will apply

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