What to expect from the arrival of paternity leave law

Draft legislation has been proposed to introduce paternity leave and paternity leave pay. This means that every employee who is hired under a "continuous contract" will be entitled to three days' leave for the birth of each child of which he claims to be the father, with twins treated as one child for this purpose.

The three days can be taken consecutively or separately at any time between four weeks prior to the expected delivery date and up to 10 weeks after the actual birth.

The father has to give his employer notice of his intention to take paternity leave on a particular day. The length of notice is two days if he has informed his employer of the impending birth at least three months ahead of the expected date of delivery, and five days if he has not done so.

In addition, the employer may also require the father to provide a signed statement setting out: (i) the name of the child's mother; (ii) that he is the child's father; and (iii) the expected or actual delivery date of the child. That is all the father needs to provide to be entitled to the leave; proof of pregnancy or paternity is not required.

The father may be entitled to paternity leave pay if he has been employed continuously for at least 40 weeks before any day of the leave. He would have to provide proof of fatherhood, normally the birth certificate.

The amount of pay is calculated as for maternity leave pay - that is, 80 per cent of daily average wages.

Paternity leave pay need not be paid until the employee has provided the necessary proof of fatherhood. This will, for obvious reasons, be available only after the birth. As such, paternity leave taken before the birth will become payable only some time after the birth.