New Paternity Allowance

bubblybee

Hi All,

I am a bit confused with the new paternity allowance that will begin in April 2011. I have been on the direct.gov website and whilst I think I am reading it correctly, I can't be sure.

My understanding is that if I go on maternity leave and get paid SMP - I can do 20 weeks and then for the remaining 19 weeks (up to 39) the father can get paid the same allowance (£125 a week) if I go back to work.

Have I understood it correctly? I can't find any other threads or articles on the MSE website about it.

Thank you in advance for your answers and sorry for sounding so stupid.

tizerbelle

Simple answer is yes, you are correct ...

But (and there's always a but with employment law) it depends on a whole host of eligibility criteria.

Firstly, it only applies where the baby is due to be born on or after 3 April 2011. If baby is due 2 April 2011, there is no eligibility to additional paternity leave or pay. But if baby is due 4 April and is born before the 3 April, then you are still eligible !!

The £124.88 (as it is at present) only applies if this is less than 90% of the fathers average weekly earnings.

To be eligible for the additional paternity leave and the additional paternity pay, the "father" must meet certain eligibility criteria and the mother must have physically returned to work - if she takes annual leave; sick leave or parental leave after her period of maternity leave then she is not classed as having returned to work and until she does, the additional paternity leave can't start or be paid.

And as well as the host of eligibility criteria (they are on the direct.gov website) the "father" must notify the employer in writing at least 8 weeks before they want the leave to start. Some employers will create a form to use; some will say use the HMRC's SC7 form and some won't provide anything. This has to be countersigned by the mother as well.

As usual it's all as clear as mud

onlyroz

I'd suggest you get your partner to discuss it with his HR department, because they're likely to not have a clue and will need a heads-up.