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Burton & Dyson advises on new paternity leave rules

Gainsborough-based solicitors firm Burton & Dyson is advising that fathers can now take up to six months' additional paternity leave under new laws which have just come into effect.

Previously, fathers were entitled to just two weeks of 'ordinary' paternity leave. However, new rules, which apply to parents of babies born on or after 3 April 2011, mean they can now use up any remaining maternity leave if the mother has returned to work, as long as this period does not exceed 26 weeks.

Women are currently entitled to up to 52 weeks' statutory maternity leave, consisting of 26 weeks of 'ordinary' maternity leave and a further 26 weeks of 'additional' maternity leave available to those who have completed at least six months' continuous service with their employer.

To qualify to use up any of their partner's remaining maternity leave, a father must have been with their current employer for at least 26 weeks.

The additional paternity leave can be taken any time from 20 weeks after the child's birth, but must be finished by the child's first birthday. Where a child is adopted, the additional paternity leave can be taken any time between 20 weeks and 52 weeks after the child starts living with the adopter.

Lisa Whitelam, a partner at Burton & Dyson and a specialist in employment law, said: "These new rules are designed to make things fairer for both parents, with the mother having the option to return to work earlier and the father being able to spend more time at home caring for the child.

"However, this also means that employers need to be up to speed with what their employees are entitled to and ensure they comply with the new rules - or they could find themselves facing potentially costly accusations of discrimination."

For further information, please contact 01427 610761, or visit www.burtondyson.com.

 

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Article published by Midlands Business News on 11 May, 2011

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