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How to manage additional statutory paternity leave and pay (birth)

Author: Jo Plumstead

NOTE: The right to additional paternity leave and pay is set to be abolished and is available only to fathers and partners of mothers of children due on or before 4 April 2015, or adoptive parents of children placed for adoption (or in the case of overseas adoptions whose child enters Great Britain) on or before 4 April 2015. Following the abolition of additional paternity leave, parents may be eligible to take shared parental leave instead.

Summary

Click on any of the hyperlinks to go to more detailed guidance below.

  • Be aware that additional paternity leave and additional paternity pay are available to qualifying employees.
  • Ensure that line managers are aware of where to find detailed information on the rights.
  • Inform employees of their right to take additional paternity leave and of the eligibility and notification requirements.
  • Consider whether or not to offer enhanced contractual paternity pay, especially if enhanced maternity pay is already available to women.
  • On receipt of an application, check the employee's eligibility for additional paternity leave and additional paternity pay.
  • Check that the employee has given notification at least eight weeks before the leave is due to start.
  • Check that the employee's notification and the mother's declaration are signed and contain all the prescribed information.
  • Consider whether or not to request a copy of the child's birth certificate and the name and address of the mother's employer (or her business address if she is self-employed).
  • Ensure that you confirm the dates of additional paternity leave and additional paternity pay within 28 days of receiving notification of leave.
  • Respond to any notice to change leave dates within 28 days with details of when additional paternity leave and (if applicable) additional paternity pay will start and end. Check that the variation does not affect the employee's entitlement to additional paternity pay.
  • Be aware that different rules apply in the event of the death of the child's mother.
  • If a redundancy situation arises while an employee is on additional paternity leave, check whether or not there is any suitable alternative employment available, and if there is offer it to him.
  • Discuss with the employee whether or not there is any scope for him to work any keeping-in-touch days and agree how these will be arranged.
  • Be aware of the employee's right to return to the same job, except in limited circumstances.