New legislation granting three days' statutory paternity leave will take effect from around March 2015
Last week, lawmakers passed the Employment (Amendment) Bill which grants three days' paternity leave to male employees who are employed under a continuous contract in respect of the birth of each child of which he is the father.
To be eligible for statutory paternity leave, the employee must give advance notice to his employer of his intention to take paternity leave and the dates of his leave. If the employee gives notice of his intention at least three months before the expected date of delivery of the child, he can give only two days' notice of the intended dates of leave. If he does not notify the employer of his intention to take leave, then at least five days' notice of the dates of the leave must be given.
Provided the employee has been employed under a continuous contract for a period of not less than 40 weeks immediately before the period of paternity leave, the leave will be paid at four-fifths of the employee's average daily wages. To be entitled to paternity leave pay, the employee must comply with various documentary requirements including an obligation to provide the birth certificate for the child (with the employee's name entered as the child's father).
Statutory paternity leave can be taken at any time during the period of four weeks prior to the expected date of delivery and up to 10 weeks after the actual birth. The leave can be taken consecutively or separately.
It is expected that the new legislation will take effect from March 2015 at the earliest. Employers should therefore immediately start reviewing their employment contracts, policies and handbooks and internal procedures to ensure that they include provisions for paternity leave once the legislation comes into force.
Paul Arkwright
Publisher
