Vicky Schollar, a solicitor in Blake Lapthorn's Employment team, examines how the new additional paternity leave legislation operates

Fathers of babies born, or matched for adoption, on or after April 3 will have the right to additional paternity leave (APL) subject to certain eligibility requirements.

This is a new right and can be taken in addition to an employee's existing right to two weeks ordinary paternity leave (OPL).

A minimum of two and a maximum of 26 weeks APL can be taken, provided the mother/adopter returns to work before their statutory maternity or adoption leave ends.

Leave must be taken in one week blocks, all in one go and only once the child is 20 weeks old — but before their first birthday.

The eligibility requirements are very similar to those who wish to take OPL. The right applies not only to fathers, but also to a spouse, partner or civil partner of the baby's mother. To claim APL the employee needs to: n Be continuously employed by the same employer for at least 26 weeks before the end of the 15th week prior to the expected week of childbirth n Still be employed by the same employer at the start of APL n Have, or expect to have, main responsibility for the upbringing of the child (apart from the mother).

Also, for the employee to be eligible, the child's mother must have been entitled to statutory maternity leave, maternity pay or maternity allowance and have returned to work.

Once APL has begun, the mother will not be entitled to any further statutory maternity leave or pay.

Those employees who wish to apply for APL need to notify their employer in writing of the following, at least eight weeks before their leave starts: n The fact they wish to take APL n The proposed start and end dates for APL n The expected week of childbirth and the actual birth date The employee must also sign a declaration confirming their eligibility, their relationship with the mother and child, and when their leave will start.

The mother should also provide a signed declaration to include information such as when she intends to return to work, and that the employee applying for APL is the father/partner.

Standard forms for making the required declarations are available from Her Majesty’s Revenue and Customs. Alternatively, employers can develop their own standard forms.

Once a request for APL is received, the employer must write to the employee within 28 days confirming the start and end date of APL. Any further information the employer requires must be requested within 28 days of the original notice.

The employee can change the proposed dates of APL, or cancel their APL, provided they give their employer at least six weeks prior written notice, unless this is not reasonably practicable.

The employer must again, within 28 days, notify the employee of their APL end and start dates. If notice is not given within the six week time limit, and it is not reasonably practicable for the employer to incorporate the change, then the employer may require the employee to still take a period of APL.

This right applies even if APL has not yet begun.

Employees may also be entitled to additional statutory paternity pay (SPP) if they meet the eligibility requirements for APL and ordinary SPP.

At the time the mother returns to work she must have at least two weeks statutory maternity pay, maternity allowance or statutory adoption pay remaining.

Any remaining statutory pay may be transferred to the father/partner at the same rate. Payment will only be made for the balance of the 39-week payment period to which the mother is entitled.

During APL, all of the employee's terms and conditions, save for those relating to pay, will remain in force.

The employee will also be entitled to ten ‘keeping in touch days.’ Those employees on APL will also have similar rights to employees on maternity leave if their role is put at risk of redundancy.

On their return to work, the employee will usually be entitled to return to the same job they were employed in before their APL started.

Also, employees have the right not to be subjected to a detriment, or dismissed for having taken or sought to take a period of APL.

n Contact: Vicky Schollar, 01865 258 040.

Web: www.bllaw.co.uk