Draft additional paternity leave and pay Regulations published

The Government has published draft Regulations that will allow qualifying employees to benefit from up to 26 weeks' additional paternity leave and receive additional paternity pay at the same rate as statutory maternity pay. In a birth situation, the child's father or the partner (of either sex) of the mother will be entitled to the additional leave and pay. In the case of adopted children, the spouse or partner (of either sex) of the adopting partner will qualify. 

The additional leave must be taken during the first year of the child's life and after the mother or adopter has returned to work, and can begin no earlier than five months after the child's birth or adoption. The leave may be paid if taken during the mother or adopter's statutory maternity or adoption pay period. The legislation is due to come into force in April 2010, with effect for parents of babies due from 3 April 2011, and for adoptive parents notified of having been matched for adoption on or after 3 April 2011. 

The new rights are contained in three sets of draft Regulations, which can be viewed on the OPSI website:

Also

XpertHR's forthcoming law section provides guidance, commentary, resources and links on impending changes to employment law, including the new right to additional paternity leave and pay. 

Legal Q&A: additional paternity leave Kate Holbrook, associate, Dechert, addresses the legal issues of the extension of paternity leave. 

Work and Families Act 2006: a guide Michael Rubenstein, co-editor of Equal Opportunities Review, provides detailed guidance on the Work and Families Act 2006, which allows for the introduction of the additional paternity leave and pay Regulations.