Under new Government plans, due to take effect for babies born after 3rd April 2011, fathers will be able to take up to six months’ paternity leave while their child’s mother returns to work. This is in addition to the current paternity leave legislation which gives fathers 2 weeks paternity leave but offers more flexibility for the last 6 months of maternity leave as under the new plans, parents can transfer the second half of the mother’s maternity leave to the father.

So will it be paid? Yes but not full pay. During the paid element, the fathers would be eligible for statutory government pay of £123 a week. They would then be allowed to take an additional unpaid three months off, which would effectively allow couples to have a total of 12 months’ leave between them (6 for the mother, 6 for the father).

Whilst these measures allow for more flexibility, particularly for families where the mother is the higher earner, there has been criticism from many sectors that these plans put more pressure on businesses in an already difficult economic climate. It is difficult to predict how many families will take up this alternative, however, ministers estimate that between 4% and 8% of those eligible for the new leave will take it, with only 1% of small businesses expected to be affected.

There is also a question over whether this scheme is open to fraudulent claims. Official documents reveal there will be no eligibility checks by the Government when fathers have the right to extended leave. Fathers are only entitled to take the leave if their wife or partner has gone back to work but Government papers suggest that employees will be able to ’self-certify’ that they are eligible, prompting concerns that businesses could be de-frauded by men whose partners have not really returned to work.

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The information contained above is for guidance only and represents our understanding of employment law and employee relations issues as at 1st February 2010. VizualHR cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be sought on any individual matter.