Due notice to the employer must be in writing and must be given at least forty-five (45) days before the end of the female worker's maternity leave. The Employment Appeal Tribunal (EAT) has ruled that the rate of pay for a male employee taking shared parental leave cannot be compared to a female employee on maternity leave pay because the purpose of the leave arrangement is different.. The maximum amount of leave that you could take is 50 weeks because your partner’s entitlement to maternity leave is 52 weeks and two of those weeks are compulsory so cannot be converted into SPL. This would expand fathers' paid paternity leave to 14 days. The mother can remain on maternity leave while the partner is, at the same time, on shared parental leave. Of the 105 days paid maternity leave, the female worker can transfer seven days to the child’s father, whether or not he is married to the child’s mother. The length of parental leave varies from country to country, from as little as the EU directive’s eighteen weeks (Ireland, Belgium), to the European average of twenty-six weeks … Additionally, fathers are able to use the remaining time to stay at home with the mother during her recovery. Richard Raralio, acting branch head of the Social Security System explains in a media interview the salient features of the Expanded Maternity Leave Act. Client Case: Paternity Leave in … The mother must let the employer know that she wants to return to work at least 7 days in advance. The seven-day leave transferred to the child's father or alternate caregiver can be used in consecutive days or intermittently, but not after the new mom's maternity leave period has ended. Like a Maternity leave, a Paternity leave provides parents a period of paid absence from work shortly before and after the birth of their child. Parents to share maternity leave under new plans. Parental leave is generally taken after maternity and paternity leave although in Portugal and the UK paid parental leave can be now transferred to the father when a mother shortens her maternity leave. 8187, or the Paternity Leave Act of 1996. Portugal There is no maternity or paternity leave, only parental leave. Employers have welcomed government plans to come up with a simple system of transferring maternity leave to fathers.. Last week, the government launched a consultation on new paternity leave proposals.The scheme would allow mothers to pass some of their statutory maternity leave (and pay) to fathers if they returned to work. Parents will be able to share maternity leave and pay under family-friendly laws to be announced by David Cameron and Nick Clegg this month. Maternity leave passes to the father. Additional Paternity Leave Regulations 2010 now allow fathers of babies born on or after 3 April 2011 (or adoptive parents who are notified of being matched with a child for adoption on or after 3 April) additional paternity rights. It covers fathers of new-born children and mothers of children born through surrogacy. The additional paid leave would have cost £500m and given up to £1,600 to eligible families. You and your partner cannot have more than 39 weeks of pay between you, made up of Maternity Allowance and Statutory Shared Parental Pay. •particularly its implementation in the public sector, please contact: Option to allocate up to seven (7) days of the maternity leave to the child’s father or the alternate caregiver *Extended maternity leave with pay is allowed, chargeable against the female employee’s sick leave credits, and vacation leave credits in case her sick leave credits have been exhausted. Related Resources. 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