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At the time of the 2004 Pre-Budget Report, the Government published Choice for parents, the best start for children: a ten year strategy for children. It included a series of new commitments and goals to improve further maternity leave and family friendly working. A subsequent consultation document, published by the DTI in February 2005, asked for comments on how best to allow a mother to transfer some leave and pay entitlement to the father.
Most of the related proposals, e.g. a 13-week increase in the period for which Statutory Maternity Pay (SMP), Statutory Adoption Pay (SAP) and Maternity Allowance (MA) are paid and the introduction of "Keeping in Touch" days, are being introduced from April 2007. Further changes are planned, starting either April 2009 or April 2010, and these include a new right to paid Additional Paternity Leave (APL), to be known as Additional Statutory Paternity Pay" (ASPP), for fathers if the mother or other adopter returns to work before taking the full entitlement to SMP or SAP. Under these new arrangements, the existing right to two weeks' Paternity Leave will be known as "Ordinary Paternity Leave" (OPL) and the payment for that period will be called "Ordinary Statutory Paternity Pay" (OSPP).
A further consultation document was published in March 2006 and, in August 2006, the Government published many of the responses received from organisations and individuals with an interest in the subject.
The Government's decisions, in the light of the responses received, have now been published and are summarised below. The term "father", where it appears, must be read to include adopters, partners of birth mothers and partners of adopters, as appropriate. The "father" could therefore be a woman.
- To qualify for APL and ASPP, an employee must
- in the case of a birth, be either the father of the child, the spouse or civil partner or the partner of the child's mother, and be responsible for the upbringing of the child.
- in the case of adoption, be the member of a jointly adopting couple who has chosen not to take adoption leave and SAP or the spouse or civil partner or partner of the adopter.
- A father is eligible for APL if he was eligible for OPL with the same employer and is still in employment with that employer. The normal average earnings requirement applies, using the same average earnings that were used to determine entitlement to OSPP - even though the level of the father's earnings may change by the time ASPP is paid. As a result, entitlement to APL and the rate at which ASPP is paid is determined at the same time that entitlement to OPL is established.
- Additional Statutory Paternity Pay is paid at the lower (1) of the standard rate of SMP/SAP, and (2) 90% of the father's average earnings.
- The father cannot start APL until the mother/adopter has returned to work. The mother/adopter is treated as having returned to work when maternity or adoption leave has ended and payment of SMP or SAP has stopped. It is not necessary for the mother/adopter to physically return to work.
- The earliest date from which the father may start APL and receive ASPP is 20 weeks from
- in the case of a birth, the actual date of the birth.
- in the case of adoption, the actual date of placement.
However, APL may start earlier if the mother dies during or shortly after childbirth, or if the adopter dies shortly after placement.
- There is no requirement for APL to start immediately after maternity or adoption leave ends. A gap is permitted to allow, for example, the mother to take paid holiday leave after her maternity leave ends, or the father to delay the start of his APL.
- The minimum duration of APL is two weeks and it must be taken in one continuous block.
- The father is entitled to up to 10 Keeping in Touch days during the period of APL, however long it is, under the same rules that apply for maternity and adoption leave.
- During APL, the father is entitled to the benefit of his terms and conditions equivalent to a woman taking Ordinary Maternity Leave. On return from leave, the father has the same right of return to his original job as a woman returning from Ordinary Maternity Leave.
Further decisions have yet to be made in areas of administration, e.g. length of notice periods, format of application, routing of information, sanctions and evidence of eligibility. The Government's intention is, where possible, to keep administrative rules straightforward and consistent with existing arrangements for the other statutory payments.
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Further information:
Additional Paternity leave and Pay consultation - Summary of responses to consultation - August 2006
Additional Paternity Leave and Pay - Government response to consultation - November 2006 |
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