Buddy says:  Currently fathers (or partners/civil partners of mothers/adopters), subject to eligibility requirements, are entitled to take up to two weeks’ paid paternity leave (on statutory paternity pay). However, there are plans to introduce “additional paternity leave” (APL) of up to 26 weeks which must be offset against a mother’s statutory maternity leave. This entitlement will – at the very earliest – be introduced in respect of babies due in April 2010 or thereafter.

Employer information:  Under the new plans, once you have satisfied the eligibility criteria, you will be able to take leave (and pay), though only when your wife has ended her statutory maternity leave and pay and returned to work. In any event, you will not be able to take APL until the child is 20 weeks old.

This will allow for sharing of leave, and your wife may be more inclined to this to protect her own employment prospects – in spite of Government plans to increase the entitlement to statutory maternity pay from 39 weeks to 52 weeks. (Mothers/adopters have had the right to take up to 52 weeks’ maternity leave since April 2007).

The Paternity and Adoption Leave Regulations 2002 (PAL Regulations) came into force in 2003, entitling a father to take up to two weeks’ paternity leave within 56 days of the birth (or placement) of the child. In order to qualify for this right, the employee must:

• have been continuously employed for 26 weeks ending with the 15th week before the expected week of childbirth;
• be the father of the child or be married to, the civil partner or partner of the child’s mother; and
• have responsibility for the upbringing of the child.

(Regulation 4, PAL Regulations).

There are similar requirements in respect of employees who intend to adopt a child; the difference is that 15th week requirement is replaced with the date of notification of the match (Regulation 8, PAL Regulations).

The Statutory Paternity Pay and Adoption Pay (General) Regulations 2002 provide that statutory paternity pay (which also applies to adopters) is the lesser of: 

• £117.18 per week (for the 2008/9 tax year: this is a Government rate which increases every year); or
• 90% of the employee’s weekly earnings.