With significant changes to legislation around paternity leave
coming into force this week, employers need to ensure they don't
fall foul of the new laws, says Birmingham law firm The Wilkes
Partnership.
New paternity rights allow fathers to take up to six months of
their partner's maternity leave if their child is due on or after 3
April 2011, in addition to the two weeks' statutory leave they
receive following the birth of a baby.
Stephen Hopkins, employment partner at The Wilkes Partnership,
said: "With research showing that many employers are unprepared for
the changes to paternity leave regulations, it's of vital
importance that firms update their written employment policies and
that bosses ensure they have a good working knowledge of the
procedures that they, and their employees, should follow when
dealing with paternity leave requests.
"Although many businesses are likely to see the new laws as an
inconvenience, as men are now able to take a considerable length of
time off work in the year following the birth of a baby, it now
means that men and women of child-bearing age will be on a far more
even footing in the workplace.
"Employers must be careful not to impose any detriment to men
requesting to take paternity leave or they could risk facing
discrimination claims. Additionally, if an employer already pays an
enhanced maternity package to new mothers they may face claims if
they only pay the statutory amount and do not extend the enhanced
package to new fathers."
However, changes to paternity rights may not mean substantial
extra costs for businesses. Stephen Hopkins continues, "Most
employers will be entitled to claim back 92 per cent of statutory
paternity pay by offsetting through tax. The Government has
acknowledged that this will impact more significantly on small
businesses so they are entitled to claim 103 per cent of statutory
paternity pay to cover any costs involved.
"If an employer is at all uncertain about the changes they
should be making to follow the new paternity leave laws, we
recommend they seek professional legal advice as any mistakes in
this area could be costly."