New paternity rules could leave partners holding the baby

There has been a vast amount of discussion this week about the changes to paternity rules that are due to come into force in April of this year.
By: Andrew Patterson
 
Jan. 25, 2011 - PRLog -- Currently Mothers are entitled to 39 weeks paid Maternity Leave and 13 weeks of additional, unpaid Maternity Leave, and partners are entitled to two weeks paternity leave at the statutory rate of pay (currently £124.88).

The new rules would mean that, if their baby is due on or after the 3rd April 2011, a partner may take up to an additional twenty-six weeks additional paternity leave, on top of their current two week entitlement, if the mother returns to work during her maternity leave entitlement. The current “take it or leave it” system for maternity leave will no longer be the case as any unused leave may be taken by the partner.

The additional paternity leave may start at any point after the baby is 20 weeks old and when the mother returns to work, but must be taken within the first year of birth. The purpose of the change is to allow parents to share the responsibility of raising the child.

The calculation for eligibility for Paternity leave remains the same as for Maternity pay, although the additional Paternity pay can only be paid once the mother has returned to work.

Throughout the Additional Paternity Leave, a parent will still accrue holiday entitlement. They can also add holiday to the beginning or end of your Additional Paternity Leave. They may not be able to carry over untaken holiday entitlement if your Additional Paternity Leave spans two different holiday years. If this is the case it should be discussed with the employer, as carrying holiday entitlement from one year to the next is more of a contractual matter.

You can work up to ten days during your Additional Paternity Leave without ending your entitlement to Additional Statutory Paternity Pay or Leave. These keeping in touch days (KIT days) may only be worked if both the partner and your employer agree. The employer does not have to allow you to work during your Additional Paternity Leave period and the employee does not have to accept any work offered. The employee will also need to agree with your employer what work is to be done on keeping in touch days and how much pay you will receive, as KIT days are not necessarily paid at the same rate as normal employment.

They must tell your employer in writing at least eight weeks before you want to start your Additional Paternity leave, using form SC7. They will need to know the actual date of the baby’s birth, along with when they want to start and finish Additional Paternity Leave and Pay (the leave and pay dates may be different if taking some unpaid leave).

The form must also include that they are either the father of the child, the spouse, civil partner or partner (including same-sex relationships) of the mother. They must also confirm your relationship with the child.

If you want to apply for extended paternity leave, please download the SC7 form from HMRC.

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Source:Andrew Patterson
Email:***@ekwgroup.co.uk Email Verified
Zip:BL5 3AJ
Tags:Paternity Leave, New Rules, Extended Paternity
Industry:Business, Home business, Health
Location:England
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