Ask Marina: I have heard that fathers are now entitled to paternity leave and paternity pay. Is this right?

Since April 3, 2011, fathers have been entitled to Additional Paternity Leave (APL) and Additional Paternity Pay (APP). This is in addition to the existing right fathers have to two weeks Ordinary Paternity Leave and Pay. This gives fathers the financial opportunity to take time off work to be with their child during the first weeks after birth. However, it only applies if the mother returns to work.

To qualify for APL, a father must be an employee, employed for 26 weeks before the end of the 15th week before the baby is due. His partner must be entitled to one of the following; Maternity Leave, Statutory Maternity Pay or Maternity Allowance. She must have returned to work and the father must take the time off to care for his child.

APL can be for a maximum of 26 weeks, and can be taken between 20 weeks and one year after the birth of a child.

To qualify for APP, all the above must apply and a father must be earning at least the Lower Earnings Limit for National Insurance contributions. APP is only payable during the mother’s 39 weeks Maternity Allowance or Statutory Maternity Pay periods, and while there are at least two weeks of unexpired entitlement. The current rate for APP is £128.73 per week or 90 per cent of your average weekly earnings, whichever is less.

Similar rights apply to adopting fathers.

The provisions relating to APL and APP are complicated, and for further information you can visit the DirectGov website at www.direct.gov.uk and following the links for “Parents” and “Money and Working Entitlements”.

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