This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.

These websites for each chapter update the 3rd edition of The Russell-Cooke Voluntary Sector Legal Handbook by James Sinclair Taylor and the Charity Team at Russell-Cooke Solicitors, edited by Sandy Adirondack (Directory of Social Change, 2009). The websites are not intended as a comprehensive update and should not be treated as such.

To order a copy of The Russell-Cooke Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking . It costs £60 for voluntary organisations or £90 for others, plus 10% p&p.

Chapter 32
RIGHTS OF PARENTS AND CARERS

ADDITIONAL PATERNITY LEAVE AND PAY

Updated 11/3/12. This information updates ss.32.3.3 & 32.3.4 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
The Additional Paternity Leave Regulations 2010 gave a new right to additional paternity leave (birth) in relation to babies expected on or after 3 April 2011. To be eligible the person must be the child's father or the husband/civil partner of the mother, must have or expect to have the main responsibility (apart from any responsibility of the mother) for bringing up the child, and must have been entitled to ordinary paternity leave from the employer (see below). The term 'fathers' as used below therefore refers to anyone eligible for the new leave and pay, regardless of their gender or whether they are actually the father.

Where a couple who are married or civil partners are notified that they are matched with a child for adoption, and one person in the couple is entitled to statutory adoption leave, the other is entitled to additional paternity leave (adoption) if they were entitled to ordinary paternity leave.

• Fathers/the second adopter in a couple continue to be entitled to ordinary paternity leave and statutory paternity pay [see above] for two weeks at or around the time of the birth or adoption, provided they have 26 weeks' continuous employment with the employer by the end of the 15th week before the expected week of childbirth or by the end of the week before being matched with a child for adoption, are still employed at the time of the leave, and have average earnings of at least the national insurance lower earning limit (£107 per week from 6 April 2012).



• All mothers remain entitled to 52 weeks statutory maternity leave (SML). One person (either male or female) in an adopting couple remain entitled to 52 weeks statutory adoption leave (SAL) provided they have 26 weeks' continuous employment by the end of the week before being matched for adoption. But if the mother or adopter returns to work without taking their full 52 weeks leave, a father/adopter who was entitled to ordinary paternity leave becomes entitled to the mother's/adopter's remaining leave as additional paternity leave (birth) or additional paternity leave (adoption).



• The maximum entitlement to additional paternity leave is six months. It cannot be taken until at least 20 weeks after the birth or placement for adoption, and cannot last beyond 12 months from the date of birth or placement.



• A mother on statutory maternity leave or adoptive parent on statutory adoption leave is entitled to 39 weeks statutory maternity pay (SMP) or statutory adoption pay (SAP) is s/he has the necessary 26 weeks of continuous employment and average earnings above the national insurance lower earnings limit. But if the mother or adopter returns to work without using their full entitlement to SMP or SAP, the father/other adopter is entitled to the remainder as additional statutory paternity pay, paid at the same rate as SMP/SAP.



• There are special rules for adoptions from overseas.



• Parents must "self-certify" entitlement to additional paternity leave and pay by providing details of their eligibility to their employer. Employers and HM Revenue & Customs may, if they consider it necessary, carry out further checks on entitlement.



• The right of all parents with at least one year's employment to 13 weeks unpaid parental leave before the child's fifth birthday (or 18th if the child is disabled) remains unchanged. So also does the right of parents with at least 26 weeks continuous employment and a child under 17 (or under 18 if the child is disabled) to request flexible working.

SANDY ADIRONDACK
Governance and legal training and consultancy
for the voluntary sector
39 Gabriel House, 10 Odessa Street, London SE16 7HQ
Tel 020 7232 0726; fax 020 7237 8117
Email:
Web: www.sandy-a.co.uk