New leave rights will give more choice and flexibility to parents as to how they use maternity and paternity leave

The government is proposing to change the law so that employed mothers will be able to transfer all or part of the last 26 weeks of their maternity leave to the father.  To the extent that this “additional paternity leave” is taken during the mother’s 39 week maternity pay period, it would be paid at the same rate as Statutory Maternity Pay (currently £123.06).

Existing rights will not be affected (employed fathers are currently entitled to two weeks paid paternity leave and mothers to 52 weeks maternity leave, of which up to 39 weeks are paid. Employed parents are also entitled to a total of 13 weeks unpaid parental leave until the child’s fifth birthday. Parents of children aged 16 and under have the right to request flexible working).

A consultation on draft regulations is to be launched soon. Subject to consultation and parliamentary procedure, the Government intends that the law be in force by April 2010 and have effect for parents of children due on or after 3 April 2011.

At the same time, the government is abandoning its previously promised extension of maternity pay from nine months to a year (see notes “Labour drops maternity leave pledge“, The Guardian 14th September 2009, in the Newspapers and BBC section of this webupdater).

See also BBC notes 15th September 2009 “Dads ‘to share maternity leave “.

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