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Proposed Changes Regarding Additional Paternity & Flexible Leave |
Additional Paternity Leave –v- Flexible Working
The Government are currently considering proposals to put in place a new system of flexible parental leave to help parents balance their work and family commitments. At this stage, these proposals are simply in consultation and therefore subject to change. The proposals include:-
- Extending the right to flexible working to all employees;
- Designing a new system of flexible parental leave;
- A flexible system of shared parental leave (which the Government aims to introduce in 2015)
Additional Paternity LeaveThe Government has confirmed that the Additional Paternity Leave Regulations will remain in force, which means that fathers of children born on or after 3rd April 2011 (or matched with a child for adoption on or after 3rd April 2011) will be entitled to a maximum of 26 weeks additional paternity leave. This is provided the employee’s partner has returned to work. The additional paternity leave can then be taken between 20 weeks and 1 year after the child is born or placed for adoption.
Employees may also be entitled to receive additional statutory paternity pay (ASPP) during their partner’s statutory maternity pay, adoption pay or maternity allowance period, provided their partner has returned to work with at least 2 weeks of their pay period remaining. The total number of weeks of ASPP paid will depend on the number of unused weeks of their partner’s maternity allowance, SMP or SAP left when their partner returned to work.
In order to qualify, the employee and their partner, must meet certain criteria. The employee must have completed at least 26 weeks’ employment ending with the relevant week (15th week before the expected week of childbirth); to have remained working for a continuous period between the relevant week and the period in respect of which ASPP is payable; satisfy the lower earnings limit; satisfy the relationship with the child/child’s mother/adopter; comply with notice requirements. The rate of pay will be the same as ordinary statutory paternity pay.
CommentEmployers should take care that they do not confuse the consultation on flexible working and parental leave with the current additional paternity leave legislation that is in place and make sure they have updated paternity leave policies prepared.
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