Legal framework
Prior to the introduction of the statutory right to paternity leave, the only legal requirement on employers to offer paternity leave was through the right for time off for a dependant, which includes when a spouse or partner gives birth, but is unpaid. As part of the Government’s plan to increase family friendly laws, a new right for employees to take up to two weeks paternity leave, paid at a statutory rate of pay, was introduced under provisions outlined in the Employment Act 2002. These were implemented by the Paternity and Adoption Leave Regulations 2002 and came into force in relation to children born or adopted from 6th April 2003. The corresponding rules relating to Statutory Paternity Pay are set out in the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002.
The above basic entitlement is now named ordinary paternity leave and pay following provisions made under the Work and Families Act 2006, which introduced an entitlement to additional paternity leave and pay where the child’s mother or adopter returns to work earlier than their statutory entitlement. This separate right was brought into force by the Additional Paternity Leave Regulations 2010 and the Additional Statutory Paternity Pay (General) Regulations 2010 and applies where the expected week of childbirth, or the beginning of the week of notification of an approved match for adoption, is on or after 3 April 2011.
The combined effect of the legislation is that, subject to meeting the criteria set out in this policy, employees will have a right to two periods of non-consecutive paternity leave, ordinary and additional.