One of Shropshire’s most experience employment experts believes the impact of new paternity laws has been ‘over-egged’ and SMEs need not worry about a surge of men applying for extended leave.
William Lamplugh, from Hatchers Solicitors, said not only was there great scepticism that men would take advantage of the new legislation but employers were also within the law to veto a request by a male worker for good business reasons.
With effect from 3 April, the Additional Paternity Leave (APL) scheme allows new mothers to transfer a portion of their 12 months’ maternity leave to their partner.
At present, men can take only two weeks statutory paternity leave; under the new legislation they will be able to take up to six months.
But Mr Lamplugh explained: “I foresee that the main benefactors of the shared time off work post the birth of a child will be couples where the mother is the main bread winner in the relationship.
“Surveys have shown that despite improvements in women's pay, many men still earn more than women, so it will make financial sense for them to continue getting their full pay. In addition, many women will still want to take the full extended leave available following the birth of a child.
“One thing that is certain is that companies will need to have clear, up-to-date paternity policies in place, and will need to consider paternity leave in their strategic planning. This new legislation has the potential to significantly alter the dynamics of the workplace and HR will have an important role to play.”
Mr Lamplugh explained that public sector is expected to lead the way in this new era of parental leave.
He added: “It is anticipated that the public sector will be more flexible, will pay
above statutory rates and will foster a more encouraging culture around paternity leave. This is an area to watch – the public sector might become a new and attractive proposition for couples wanting to start a family.”
The following is a summary of the changes:
How long can fathers take off work?
Fathers can take a maximum of 26 weeks' additional paternity leave – or APL. This is on top of the two weeks' paid leave they get following the birth of a baby.
Will this leave be paid?
Currently fathers get paid for the fortnight's leave they take following the birth of a child. This is at the statutory rate, which has just been raised to £128.73 a week (it was previously £124.33, but is raised in line with inflation each year). Some workplaces though will pay more – often giving two weeks' pay at full or 90pc salary.
However this new additional leave will either be at the statutory level, or unpaid – depending how soon the mother returns to work.
Can't we both take this leave?
Not at the same time. These regulations are designed to let parents share the time-off that is granted during the first year of their baby's life. So if it makes sense for the mother to return to work earlier – perhaps because she gets paid more – the father should be able to take over any paid or unpaid maternity leave left. Of course. due to the existing paternity leave arrangements both parents will be off in the first two weeks after the birth of their child.
So how much of this time off can fathers take?
If a women decides to go back to work sooner, then her partner can take up the remainder of her paid and unpaid leave – provided he is taking no more than 26 weeks off in total. However, the earliest he can start to take this leave is from 20 weeks. In other words, it will be the mother who is off with the child for the first four months.
If she returns to work at this 20 week period, this means the father will get paternity pay at the statutory level of £128.73 for the next 19 weeks, and will then be entitled to a further seven weeks unpaid leave. If the mother goes back at 24 weeks, the father would collect 15 weeks of paid paternity leave and would then have a further 11 weeks of unpaid leave – which would ensure the child was looked after by one of its parents for its first year.
Will there be further changes in future?
These changes are just an interim measure. The Government has committed to setting up a farmore flexible system of shared parental leave. It plans to launch new rules in 2015
Do all fathers qualify for this additional leave?
To qualify a father must have been on a continuous contract with his employer for at least 26 weeks by the end of the 15th week before the baby is due. So those who self-employed, freelancers, or on short-term contracts won't be able to get this leave.
