With regard to the changes to paternity leave laws, how will I know that the father is genuinely ‘sharing’ the maternity leave of the mother of their child?
From this month, men with parental responsibilities who meet certain eligibility requirements can take up to 26 weeks additional paternity leave (APL). They may also receive additional statutory paternity pay if the mother has not exhausted her statutory maternity pay entitlements.
The rationale behind APL is that rather than a mother taking her full 52 weeks maternity leave, she may return to work early and the father can then take leave as APL.
This can only be taken once the mother has returned to work, so how can employers be satisfied about the father’s eligibility?
“Employees seeking to take APL must provide their employer with a written declaration that covers their own eligibility in terms of their relationship to and responsibility for the child and the purpose of the leave,” says Charles Rae, senior associate at law firm Pinsent Masons LLP.
“Employees must provide a written declaration that covers their own eligibility”
Charles Rae, Pinsent Masons LLP
If employers are unable to prove that APL is being properly claimed, the mother must sign a declaration that includes details of the date she is to return to work. “The employer of the father may request the name and address of the mother’s employer and the father must respond in 28 days,” says Rae.
However, the rules are not watertight. “There is no sanction if the father does not provide this information. Also, there is no obligation on the mother’s employer to give any information to the father’s employer, so employers may be unable to ascertain that the mother has actually returned to work,” he adds.
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