There’s been a lot of talk this week about the changes to paternity rules that will come into force in April of this year.

Some reports have argued it will be bad for businesses, while others see it as a win-win situation for both parents and employers. But what exactly are the changes to the paternity rules – and, more importantly,  how could they affect you?

Firstly, the new paternity rules will only affect those whose children are due, or matched for adoption, on or after April 3rd 2011.

In a nutshell, the changes will mean that a partner can take between two and 26 weeks ‘Additional Paternity Leave‘ (APL). The APL can only be taken once the child is 20 months old and the mother has returned to work. In addition, the APL must have ended by the baby’s first birthday or 12 months after the placement for adoption.

This means that where a mother has started her maternity leave before the baby is born (which can be up to 11 weeks before the expected week of birth), her maternity leave would be due to end around two months before her child’s first birthday.

In this case, the partner can take APL that can extend beyond the end of the mother’s maximum maternity leave and up to the child’s first birthday. Partners may also be eligible to receive Statutory Paternity Pay for some or all of their APL, depending on when they take the APL and for how long.

The current rate of APL payments is £124.88 a week or 90 per cent of your average weekly earnings, if that is less.

Why paternity rules have changed

Previously, partners were only entitled to two weeks’ statutory paternity leave.  This is now known as ‘Ordinary Paternity Leave‘ (OPL) and this right still exists. Partners can take their two weeks’ OPL up to 56 days after the baby is born or after the expected week of childbirth.

The purpose of the changes is to allow new parents to split the responsibility of a new child more equally. This might be to allow a partner to spend time bonding with the child. Or it could be that the mother wants to return to work before her maternity leave is finished, without leaving her child with someone else.

Whatever the reason, the change in paternity rules parents will have greater flexibility over how they decide to care for their child during its first year and these changes are potentially good news for both parents.

Many sex discrimination cases in the workplace are cited as being caused by maternity leave and this legislation will make both parents more equal in that respect. The partner will also have the option to spend time with their new baby, an option that they could not extend easily beyond two weeks in the past.

How the new partnity rules can affect your business

If you own a business, however, there may be things you need to think about putting in place to prepare for the changes. You will need to update your company’s existing paternity leave policy to include the new rules and ensure that you are fully aware of the new rights.

Equality and diversity policies will also need to be updated to take into account this new right. It may be worth seeking advice from a solicitor when doing this as it is important that all company policies are inclusive and coherent.

By Sarah Calderwood, employment law specialist at Slater Heelis, www.slaterheelis.co.uk/employment