The Additional Paternity Leave Regulations 2010 will take effect in respect of employees whose expected week of childbirth, or notification of being matched with a child for adoption, occurs on or after 3 April 2011.

Under the regulations, new fathers will be able to take between 2 weeks and 6 months additional paternity leave in circumstances where the mother of the child has returned to work before the end of her statutory maternity leave period. The same right will apply to employees whose partner, whether of the same or opposite sex, has taken adoption leave and returned to work before its expiry. The existing provision under which eligible employees may take two weeks paternity leave will remain unchanged, but will be renamed ordinary paternity leave. Additional paternity leave will have to be taken in a single block between the time the child is 20 weeks and one year old.

Because an employee will only be able to take additional paternity leave if his spouse / partner has returned to work, it will not be possible for both parents to be on maternity / paternity leave at the same time. Nevertheless, the father’s leave does not need to start immediately when his spouse / partner returns to work, and the right is to take up to 26 weeks additional paternity leave even if this extends beyond the latest date the mother’s maternity leave would have ended.

Business owners will need to ensure they speak to their HR advisors and put in place the necessary provisions. This may require workloads and tasks to be reallocated or temporary staff being required, so planning is important to avoid any nasty surprises when the new provisions are used by an employee for the fist time.