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The Additional Paternity Leave (and pay) Regulations, which will allow fathers to take a longer period of paternity leave, could be amended or even now shelved by the Coalition Government.
The new paternity leave rules, due to come into force in April 2011, will give a father whose baby is due on or after 3 April 2011 the right to take up to 26 weeks’ of paternity leave by swapping leave with the mother but only when she has returned to work, and then not before the baby is 20 weeks old.
However, commentators believe the Government is now looking at a different system of parental leave.
Recently, when asked in Parliament about the planned implementation of the 2010 Regulations, Theresa May, Minister for Women and Equalities, said:
“We are looking into how we can avoid constantly requiring businesses to effect innovations, and we are examining the timetabling of the additional paternity leave and flexible parental leave regulations.”
The Coalition Government is thought to favour instead a more radical approach and could be preparing to drop the approaching additional paternity leave scheme for a more far-reaching scheme offering parents greater flexibility over how and when they should share parental leave.
Susan Mayall, Employment Solicitor at Pearson Hinchliffe, commented:
“Many employers have been preparing themselves for the new maternity and paternity leave rights in terms of pay and planning additional resource to cover absences. Given the Minister’s recent statement I would suggest greater caution until clearer more decisive guidance is issued by the Government as to its plans. In the interim period employers should get advice from an employment law specialist on what their own position ought to be.”
For further information on employment law issues, please contact Employment Solicitor, Susan Mayall, using the details below.
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