The People Bulletin

Eighty-two per cent of employers are concerned that the new Additional Paternity Leave (APL) rules will negatively impact their companies, according to a survey of 97 employees by international law firm Davies Arnold Cooper. Although this qualitive research cannot be predictive of all employers, it is a useful barometer of attitudes.

However, the survey also finds that most employers (74%) believed that less than a quarter of eligible employees would take advantage of their new right to APL, which will enable new fathers to request up to six months paternity leave from April 2011 onwards. This is reinforced up by the surprising finding that 64% of companies say that at present less than a quarter of eligible employees in their organisations took any paternity leave.

The main employer concerns are:

• cost of providing cover (35%);
• possibility of too many employees being absent (8%);
• administration costs (2%);
• or all of the above (48%).

When respondents stated they expected APL to be taken, half (53%) believed that employees would take less than one month of leave, while a further 43% believed employees would take no more than between one and three months. Only 2% of respondents expect any of their employees to take the maximum six months available.

Self-certification

The self-certification process for the father concerned 76% of respondents, while 94% of respondants indicated they would prefer to be provided with information from the mother's employer and a copy of the birth/adoption certificate automatically. Whilst HMRC is going to undertake spot compliance checks, it does not seem that this sufficiently reassures employers. On a more positive note, 30% of respondents believed a benefit would be that mothers would return to work earlier and 42% also believed that greater flexibility in respect of childcare was advantageous to their organisation.

Despite the fact that there was extensive consultation undertaken by the government on the introduction of APL, employer opinion is divided and significant concerns remain. ‘We will have to wait and see how many fathers do take up this right, what the costs to employers ultimately are and if this has the adverse impacts feared,’said Wendy Trehy, employment law specialist at Davies Arnold Cooper.  ‘Carefully tailored policies can eliminate many areas of concern; however the cost to business will only be able to be assessed once we see how APL works with existing legislation.’ 

Key points about the new APL regulations

• The New APL regulations provide fathers and partners with the right to take additional paternity leave far beyond their current entitlement. At present, fathers are entitled to take a maximum of two weeks' leave following the birth of a child. Under the new regulations there will now be a right to Additional Paternity Leave (APL); which will be paid providing certain criteria are met.
• The new rights only relate to parents of children whose expected week of birth (or matching for adoption) is on or after 3 April 2011. Fathers will be entitled to up to six months' APL provided that the mother has returned to work and still has some of her entitlement to paid maternity leave left. APL cannot be taken until the child is 20 weeks old, or the adopted child has been placed for 20 weeks.
• APL will be paid where taken during the mother's 39 week- maternity pay period and at the same rate as Statutory Maternity Pay (currently £124.88). The limit on how much APL will be paid will depend on what proportion of the mother's maternity pay period remains.

One of the most controversial elements is that establishing entitlement to take APL will be a self-certification process. Employees will be required to provide a notice setting out the intended dates for taking APL, the expected week of birth of the child and the actual date of birth. In addition, they will need to provide a declaration that confirms they will have the main responsibility for the child (other than the mother) and that the purpose of the leave is to care for the child. A declaration from the mother to confirm that the father has the status asserted in his declaration and the date upon which she is to return to work from maternity leave must also be submitted.

See also ‘the family way’ by Deborah Nathan in The People Bulletin, 24 September 2009.