The Additional Paternity Leave Regulations 2010 give those new fathers who qualify the right to take additional paternity leave during the period which begins 20 weeks after the child’s date of birth and ends 12 months after this date if the mother chooses to return to work with maternity leave outstanding and the father has the main responsibility for caring for the child. Some of the father’s leave may be paid if it is taken during the mother’s 39-week maternity pay period. The period of leave must be continuous; the minimum allowed is two weeks and the maximum 26 weeks. The changes also apply to spouses, partners and civil partners of a child’s mother or of an adoptive parent who has elected to take adoption leave.
An employee wishing to take additional paternity leave must give notice to their employer not less than eight weeks before the start date chosen for the period of leave. This notice must include:
- a declaration by the employee requesting leave confirming that he is either the child’s father, is married to or the partner or civil partner of the mother and that the reason for the leave is that the employee expects to have the main responsibility for caring for the child;
- a declaration from the mother, which must include her name and address, the date on which she intends to return to work, her National Insurance number, confirmation of the information contained in the statement made by the employee requesting paternity leave and a statement that to the best of her knowledge the employee requesting leave is the only person exercising the entitlement to additional paternity leave in respect of the child and consenting to the employer processing the information given in her declaration.
Employers and HM Revenue and Customs have the power to carry out checks on the information provided where necessary. However, business leaders have expressed fears that allowing new fathers to self-certify that they are eligible for leave increases the risk of fraud.
