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Up until now, fathers have only been able to take two weeks off as paternity leave. However, male employees with babies born on the 3rd of April 2011 and onwards will now be entitled to 26 weeks of paternity [link widoczny dla zalogowanych] leave on top of the two already granted.
A summary
The father or the [link widoczny dla zalogowanych] partner of the mother is entitled to take out APL, and this included adoptive parents and civil partners.
The entitlement is to one period of APL, which must last between 2 weeks and 26 weeks. The leave must be taken [link widoczny dla zalogowanych] only to care for the child. There is a window of opportunity for APL to be taken, which starts 20 weeks after the birth of the child and ends 12 months after the [link widoczny dla zalogowanych] birth of the child.
There are requirements to fulfil when considering taking a leave of absence on APL. As with any prolonged absence, 8 weeks' notice must be given to the employer, [link widoczny dla zalogowanych] who must then confirm start and end dates of [link widoczny dla zalogowanych] the absence within 28 days of notice being given.
Additional statutory paternity pay will be given to the employee on APL, if the mother has not already exhausted her statutory maternity pay entitlement. As with maternity leave, the employee can return to work for keeping in touch days, and will be able to [link widoczny dla zalogowanych] receive all of the employment benefits while on APL, except entitlement to salary.
Once the APL leave has been completed, the employee is eligible to return to the same job he originally had, with the same benefits. If this is not possible, he or she is should be allocated in an equally appropriate and suitable alternative.
Dismissal and Detriment
Partners who wish to take APL [link widoczny dla zalogowanych] or OPL should not [link widoczny dla zalogowanych] be subject to detriment due to their choice to take the leave, attend or refuse keeping in touch [link widoczny dla zalogowanych] days or because their employer or colleagues believe they are planning to take APL, in the same way mothers who take maternity leave are not vindicated.
If an [link widoczny dla zalogowanych] employee is dismissed for one of the reasons outlined above then that dismissal will be automatically unfair. To bring such a claim the employee does not need one year's continuous service.
How to manage APL
1. When preparing for an employee taking APL, you should update and amend any policies you have regarding personal matters, including paternity leave and adoption policies. To help cooperation, it [link widoczny dla zalogowanych] may help for both the employer and the employee to have written down how the procedure will work, and it may be useful for the employer to make some forms to deal with APL requests and contact for keeping in touch days.
2. Control and manage requirements for self-certification. Employees should be aware of what is required, so it is a good management strategy to have a procedure in place to inform them of what certifies them for eligibility. The employer has a right to correspond and check information with the mother's employer, so it is important to know how you are going to do this.
3. Update your redundancy policy, and be aware of redundancy dismissals. When the employee returns, they are entitled the [link widoczny dla zalogowanych] same job back, or one [link widoczny dla zalogowanych] with equal work, pay and benefits, as long as they remain in your contract.
4. In order to avoid possible gender discrimination cases in the future, you may wish to grant any additional benefits mothers on maternity leave may get to the fathers on APL too. The law is not clear on this matter at present, but may become more defined on its position in the [link widoczny dla zalogowanych] future.
To ask any questions, or for help and assistance in issues surrounding APL, please contact Marsha Robinson on 01245 495111 or [link widoczny dla zalogowanych].