Compensation & Benefits: Extension to paternity leave revisited – employers fear administrative burdens and scope for fraud

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The government will shortly be consulting on proposals to allow fathers to “share” some of a mother’s maternity leave entitlement.

Currently fathers are entitled to 2 weeks paid paternity leave whereas mothers are entitled to 52 weeks maternity leave of which up to 39 weeks are paid.  The UK government recently rejected proposals to provide fathers with a separate right to paternity leave of up to six months.  (See Related Article link below).

The proposals will only apply to parents with children due on or after 3 April 2011.  The proposals include:

• giving parents the choice to transfer up to 6 months maternity leave to the father which he can take after the mother returns to work.
• some of the father's leave may be paid at the same rate as lower rate of Statutory Maternity Pay (currently £123.06 per week), if taken during the mother's maternity pay period.
• parents will have to self-certify by providing details of their eligibility to the father's employer.
• HMRC and employers may carry out further checks, although data protection laws may limit the ability of employers to obtain relevant information.

The intention is to give parents greater choice and flexibility regarding use of maternity and paternity leave while minimising the administrative burden on employers.  However, in previous consultation employers raised concerns about the administrative burdens, and the scope for fraud arising from the father’s ability to self-certify their entitlement to the extended leave.  So far, the government has given no indication of how it intends to address those concerns.

Related article

Paternity extension shelved 22 July 2009

For further information or to discuss the issues raised, please contact Colina Greenway (colina.greenway@abbisscadres.com) on +44 (0) 203 051 5711.

Disclaimer

Content is for general information purposes only.  The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice.  If you require assistance in relation to any issue, please seek specific advice relevant to your particular circumstances.