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Additional Paternity Leave

Below is not new in the sense that it has been in force for nearly a year, but a few recent enquiries have led
to this short note.

On 6 April 2010 the Additional Paternity Leave Regulations 2010 came into force. Provisions relating to
additional paternity leave (birth) have effect only in relation to children whose expected week of birth begins
on or after 3 April 2011 and provisions to such leave pertaining to adoption have effect only in relation to
children matched with a person who is notified of having been matched on or after 3 April 2011.

Amongst other things, the regulation provides that an employee (“P”) is entitled to be absent from work for
the purpose of caring for a child (“C”) if: (a) P has been continuously employed with an employer (“E”) for a
period of not less than 26 weeks ending with the relevant week; (b) remains in continuous employment with
E until the week before the first week of P's additional paternity leave; (c) is either (i) C's father, or (ii)
married to or the partner or civil partner of mother (“M”), but not C's father; and (d) has, or expects to have,
the main responsibility (apart from any responsibility of M) for the upbringing of C.

Amongst other things, P must, not less than 8 weeks before the start date chosen by P for the period of
leave, give E (a) a leave notice; (b) an employee declaration; and (c) a mother declaration, stating,
amongst other things, that the date M intends to return to work and that, as referred to above, P is C's father
or (ii) married to or the partner or civil partner of M etc.

Note that P is entitled not to be subjected to any detriment by any act, or any deliberate failure to act, by E
because of specified reasons and, in a case where P is dismissed for specified reasons, P may be
entitled to bring a claim for unfair dismissal.

-- Ryan Clement is a practising barrister at Conference Chambers: www.conferencechambers.com. He
specialises primarily in general commercial, construction and employment law. He accepts instructions
from both solicitors and the general public through the Bar Public Access Scheme. He provides training to
companies on all aspects of employment and some commercial law. To instruct Ryan or obtain further
information on his full areas of work please contact Conference Chambers.

Conference Chambers