DTI Consultation on Additional Paternity Leave

Responses have been published to the DTI consultation on the plans to introduce Additional Paternity Leave (APL) for 'fathers'. The plans, likely to be introduced alongside the increase of maternity pay and adoption to 52 weeks (possibly April 2009) will allow those 'fathers' eligible for APL to take up to 26 weeks Additional Paid Statutory Paternity leave (ASPP) whereby the mother/adopter transfers some leave and maternity/ adoption pay entitlement to the 'father'. The term "father" includes adopters, partners of birth mothers and partners of adopters.

To qualify for APL a 'father' must have qualified for Ordinary Paternity Leave (OPL) and continued in employment with the same employer up to the intended date of taking APL and ASPP - a minimum of 60 weeks. ASPP will be paid at the same rate as Ordinary Statutory Paternity Pay (OSPP). It will be paid by the employer with recovery as with existing provisions. Average weekly earnings will be calculated over an 8 week period immediately preceding the 15th week before the Expected Week of Childbirth. In cases of adoption, the period will be linked to the week of notification of matching for adoption.

The 'father' cannot start APL until the mother/adopter has returned to work. S/he is deemed as having returned to work when maternity or adoption leave has ended and payment of Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay has ceased. S/he does not have to have physically returned to work. The earliest date from which the 'father' can start APL and receive ASPP is 20 weeks from the actual birth date or actual date of adoption placement. There is no requirement for APL to start immediately after maternity/adoption leave ends.

A gap is permitted to allow holiday leave to be taken following maternity leave or for the father to delay the start of APL. The minimum duration of APL is two weeks and it must be taken in one continuous block. During APL the 'father' is entitled to up to 10 "Keeping in Touch" (KIT) days, under the same rules that will apply from April 2007 for maternity and adoption leave. During APL, the 'father' is entitled to the benefit of contractual terms and conditions equivalent to a woman taking Ordinary Maternity Leave. On return from leave, the father has the same right of return to his original job as a woman returning from Ordinary Maternity Leave.