Legal Ease
ADDITIONAL PATERNITY LEAVE FOR BABIES DUE ON OR AFTER 3 APRIL 2011
ADDITIONAL PATERNITY LEAVE COMES INTO FORCE
FOR BABIES DUE ON OR AFTER 3RD APRIL 2011
Additional paternity leave is a new and separate right for parents, which comes into force for babies due on or after 3rd April this year.
Qualifying fathers of babies will be able to take:
· Paternity leave entitlement of up to 2 weeks, which must be taken within 56 days following the birth of the child or the child’s placement for adoption;
AND
· Additional paternity leave entitlement of between 2 and 26 weeks’ additional leave in the period that begins 20 weeks after the child’s birth date or the child’s placement for adoption.
The employee must provide their employer with at least eight weeks’ notice that the employee wishes to take the additional paternity leave.
An employee’s additional paternity leave must end by the end of the 52nd week after the child's birth or placement for adoption. However, in order to qualify for the leave, either the child’s mother’s period of maternity leave or the employee’s partner’s statutory adoption leave must have come to an end.
Additional paternity leave must be taken in multiples of complete weeks and as one continuous period.
Employees’ who qualify for additional statutory paternity pay will only receive payment during the time their partner is eligible for statutory maternity or adoption pay, or maternity allowance.
Gaps between the end of maternity leave and the beginning of additional paternity leave will be permitted, although in practice, the father's leave is likely to be taken immediately after the mother returns to work.
Employees taking additional paternity leave can work up to 10 ‘keeping in touch days’ on the same terms and conditions as a mother on maternity leave.
Additional paternity leave does not work by transferring leave between both the parents. Therefore, a couple could have a combined maternity leave and additional paternity leave period that lasts longer than the 52 week maternity leave entitlement. For example:
If maternity leave starts 11 weeks before the expected week of confinement (the earliest time maternity leave can start); the baby arrives on time and maternity leave continues for 20 weeks, the employee will have taken 31 weeks maternity leave. Additional paternity leave is then able to begin and can continue for 26 weeks, giving the couple 57 weeks combined leave rather than the maternity cover of 52 weeks.
BRIBERY ACT DELAYED FOR A SECOND TIME
The implementation of the Bribery Act has now been delayed for a second time while the government clarifies guidance for businesses.The Ministry of Justice are working on the guidance to make it practical and comprehensive for business to adhere to. When the guidance is published, it will be followed by a three-month notice period before the Act is implemented.
EMPLOYEES RIGHT TO REQUEST 'TIME TO TRAIN'
From 6th April 2011, all Employers are obliged to consider seriously any training requests that they receive from qualifying employees and respond within the statutory process and timescales. Employers can refuse a request where there is a good business reason for doing so.
IF YOU NEED ASSISTANCE WITH INTRODUCING A
FOR BABIES DUE ON OR AFTER 3RD APRIL 2011
Additional paternity leave is a new and separate right for parents, which comes into force for babies due on or after 3rd April this year.
Qualifying fathers of babies will be able to take:
· Paternity leave entitlement of up to 2 weeks, which must be taken within 56 days following the birth of the child or the child’s placement for adoption;
AND
· Additional paternity leave entitlement of between 2 and 26 weeks’ additional leave in the period that begins 20 weeks after the child’s birth date or the child’s placement for adoption.
The employee must provide their employer with at least eight weeks’ notice that the employee wishes to take the additional paternity leave.
An employee’s additional paternity leave must end by the end of the 52nd week after the child's birth or placement for adoption. However, in order to qualify for the leave, either the child’s mother’s period of maternity leave or the employee’s partner’s statutory adoption leave must have come to an end.
Additional paternity leave must be taken in multiples of complete weeks and as one continuous period.
Employees’ who qualify for additional statutory paternity pay will only receive payment during the time their partner is eligible for statutory maternity or adoption pay, or maternity allowance.
Gaps between the end of maternity leave and the beginning of additional paternity leave will be permitted, although in practice, the father's leave is likely to be taken immediately after the mother returns to work.
Employees taking additional paternity leave can work up to 10 ‘keeping in touch days’ on the same terms and conditions as a mother on maternity leave.
Additional paternity leave does not work by transferring leave between both the parents. Therefore, a couple could have a combined maternity leave and additional paternity leave period that lasts longer than the 52 week maternity leave entitlement. For example:
If maternity leave starts 11 weeks before the expected week of confinement (the earliest time maternity leave can start); the baby arrives on time and maternity leave continues for 20 weeks, the employee will have taken 31 weeks maternity leave. Additional paternity leave is then able to begin and can continue for 26 weeks, giving the couple 57 weeks combined leave rather than the maternity cover of 52 weeks.
BRIBERY ACT DELAYED FOR A SECOND TIME
The implementation of the Bribery Act has now been delayed for a second time while the government clarifies guidance for businesses.The Ministry of Justice are working on the guidance to make it practical and comprehensive for business to adhere to. When the guidance is published, it will be followed by a three-month notice period before the Act is implemented.
EMPLOYEES RIGHT TO REQUEST 'TIME TO TRAIN'
From 6th April 2011, all Employers are obliged to consider seriously any training requests that they receive from qualifying employees and respond within the statutory process and timescales. Employers can refuse a request where there is a good business reason for doing so.
IF YOU NEED ASSISTANCE WITH INTRODUCING A
POLICY FOR ANY OF THE ABOVE THEN PLEASE
CONTACT US ON 0845 450 0898.
Labels: Additional Paternity Leave, Bribery Act, Time to Train
You should seek specific advice before taking any action based on the information contained in this document.While every care has been taken in compiling these notes, FirstHR cannot be held responsible for any errors or omissions; the notes are not intended to be a substitute for specific legal advice.
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