Under Government proposals announced this month, fathers will be able to take up to six months’ paternity leave with three of those months paid at the statutory rate. The proposals, which are due to be implemented in April 2011, aim to provide parents with greater flexibility by allowing them to share the existing 39 week paid leave entitlement.

A Government consultation in 2007 first proposed the introduction of this right and its implementation was provisionally timetabled for April 2010. Due to the recession, introduction of the entitlement was postponed in order to give businesses more time to prepare for the changes. The Government also initially planned to extend the total period of statutory maternity pay from 39 weeks to 52 weeks; however, a date for implementation of this extension is yet to be set. 

Currently, fathers are entitled to two weeks paid leave with mothers entitled to 52 weeks maternity leave, of which 39 are paid.  Under the new proposals parents will be entitled to transfer the second 6 months of the mother’s maternity leave to the father, provided the mother returns to work. The father will receive the statutory payment up to the 39 week cut-off point and the remainder of the leave will be unpaid.

Concern has been raised as to the effect that the implementation of these changes will have on small businesses who are struggling to cope with the economic downturn. Under the proposals parents would ‘self-certify’ their eligibility to the employer. An employer who was not satisfied with the self-certification would be responsible for carrying out any further checks it deemed necessary. Small firms will be able to claim back 100 per cent of the money they pay to fathers on paternity leave, with larger firms getting 92% back

Due to the associated pay-drop, less than 1 in 16 fathers are expected to leave work for the period of full-time child care. The Department for Business, Innovation and Skills have estimated that take up of the right will affect 0.7%, or 1 in every 137, of all small businesses. 

Should you have any queries regarding paternity leave or indeed any other related matter, please contact Ryan Openshaw of our Court Department on 01224 581581 or by email This email address is being protected from spambots. You need JavaScript enabled to view it.