Understanding Additional Paternity Leave

Principal Legislation

• • • • • The Additional Statutory Paternity Leave Regulations (Northern Ireland) 2010 The Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 The Additional Statutory Paternity Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2010 The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2010 The Additional Statutory Paternity Pay (Weekly Rates) Regulations (Northern Ireland) 2010

Two types of paternity leave: ordinary and additional – must be • • • Father of child or married to, or civil partner or partner of the mother and expect to have responsibility for upbringing Where jointly adopting, is the spouse, civil partner or partner of the individual who is taking adoption leave and have been matched to the child for adoption Minimum 26 weeks service at the end of the 15 been matched for adoption th week before week baby due or notified of having

Additional Paternity Leave (APL) for child due or notified for adoption on or after 3 April 2011 • • • Eligible employees can take a minimum 2 and maximum 26 consecutive weeks leave Must be taken within the first year of child’s life or within 1 year of placement for adoption Child’s mother or the primary adopter must have returned to work before using up full entitlement to maternity or adoption leave

• • • The earliest APL can start is 20 weeks after child is born or 20 weeks after placement for adoption Employee must remain in continuous employment before APL commences The mother must be entitled to maternity leave, SMP or maternity allowance or the primary adopter must be entitled to adoption leave or statutory adoption pay

Notice and Evidential Requirements

• • • • • Not less than 8 weeks before start date for APL must serve Leave Notice Employee Declaration Mother’s declaration or Adopter’s declaration

Leave Notice – APL (birth)

• • • The week which was child’s expected birth Child’s date of birth Start and end dates of chosen APL

Leave Notice (Adoption)

• • • Date on which notified of matching Date on which child was placed Dates of start and end of APL

Employee Written Declaration

• • That the purpose of the leave will be to care for the child That he/she satisfies the conditions for APL (ie father, partner etc and expects to have main responsibility for upbringing)

Mother’s Declaration

• • • • • • Mother’s name and address Date mother intends to return to work Mother’s national insurance number Declaration that person applying for APL satisfies the conditions (ie father, partner etc and expects to have main responsibility for upbringing etc) That person applying for APL is the only one doing so That the mother consents to processing of her data

Adopter’s Declaration

• • • • • • Child’s principal adopter A’s name and address Date A intends to return to work A’s national insurance number Declaration that person applying for APL satisfies the conditions (ie father, partner etc and expects to have main responsibility for upbringing etc) That person applying for APL is the only one doing so That A consents to processing of his/her data

Employer’s request for evidence Discretionary

• • Copy of child’s birth certificate Name and address of mother’s employer (or if self employed – mother’s business address)

Additional Provisions - A

• • • Withdrawal Notice – can refuse if less than 6 weeks and not reasonably practicable to change Variation or cancellation before leave begins Special arrangements in respect of death or mother or adopter

Additional Provisions B

• • • • • Death of child or child returned to adoption agency Right to carry out up to 10 days work during APL Redundancy during APL Early return – 6 weeks notice Right to return to job (similar to maternity leave)

Additional Provisions C

• • • Protection from detriment Employment terms protected eg pension contributions, holiday entitlement – annual leave accrues Unfair Dismissal

Overseas Adoptions

• Separate Rules Apply

Paternity Pay

• • • Must be an employed earner and meet the criteria for APL Current rate £124.88 a week or 90% of average weekly earnings, if that is less Can take APL if you meet the eligibility criteria for leave but not pay

Future Developments

• • • Consultation on new flexible system of shared parenting from the earliest stages of maternity leave.

Extend the right to request flexible work to all employees Aim for introduction in 2015

Action Sheet

• • • Devise a Paternity Leave Policy Encourage employees to give as much notice as possible Draw up standard forms for completion now – see HMRC forms eg SC7 – 9; SC10; ASPP 2