DLA Piper’s Stephen Robinson says changes to paternity leave could be confusing
LEGISLATION coming into force in April on Additional Paternity Leave (APL) will see new fathers get an extra 26 weeks leave in addition to the original two weeks.
It was estimated by the previous Government that only between 4% and 8% of eligible employees will actually apply for APL and for every father taking leave, a mother will have returned to work, so we are unlikely to see a problem around rising numbers of employees on leave.
In fact, a commitment to increasing the amount of leave available seems out of kilter with the likely requirement.
However, the Government is planning a new “properly flexible system of shared parental leave” which will come into force in 2015 – changes above and beyond the legislation in April 2011.
The potential impact of the proposed new system on small businesses will emerge when more details are announced.
A more immediate difficulty could come from the confusion and increased administrative burden of the expected second rule change.
While the Government plans to consult on further potential changes shortly, in the meantime the new regulations will remain in force leaving employers in a position which could see them implement two new regimes, one after the other, in a relatively short space of time – an approach which could lead to uncertainty for businesses at a time when few firms can afford it.
