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ARTICLE · 13 JULY 2010

The New Right to Additional Paternity Leave – How Does it Operate?

Bird & Bird
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Fathers are currently entitled to a maximum of two weeks leave upon the birth or adoption of a child. The Work and Families Act 2006, however, has been amended to provide significantly enhanced new rights to additional paternity leave and pay.

United KingdomEmployment and HR
Bird & Bird'S Labour & Employment Group
Bird & Bird'S Labour & Employment Group

Introduction

Fathers are currently entitled to a maximum of two weeks leave upon the birth or adoption of a child. The Work and Families Act 2006, however, has been amended to provide significantly enhanced new rights to additional paternity leave and pay.  Fathers and co-adopters will soon be able to take up to 26 weeks' additional paternity leave provided their spouse, civil partner or partner has returned to work.  The new rights will apply from April next year.  

In this focus article we aim to provide useful guidance for employers on how these new rights will operate in practice.

Who is Eligible?

Employees whose babies are due on or after 3 April 2011, or who have been matched for adoption on or after that date, will be entitled to additional paternity leave (APL) provided they satisfy certain conditions.  These essentially mirror the requirements for the existing statutory paternity leave regime but also include (i) that the child's mother has been

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