Overview

New paternity leave regulations mean that fathers now have the right to take up to 26 weeks of additional paternity leave. This article, exclusive to Legal Week, explains that while this may be good news for would-be parents, it is likely to be problematic for employers.

To qualify, a father must have been in continuous employment for at least 26 weeks by the end of the 15th week before the week the baby is due. In addition, the mother must have returned to work and have some of her entitlement to statutory maternity leave and pay still available.

Norton Rose's Paul Griffin identifies a number of difficult questions these new rules raise. For example, a father will receive the statutory paternity pay amount even if the mother is entitled to enhanced contractual pay. Should the father therefore be equally entitled to enhanced pay, as well as other benefits?

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