WE’RE having more babies, The latest Office of National Statistics figures show a 2.4 per cent increase in the number of live births in England and Wales from 706,248 in 2009 to 723,165 in 2010 – the biggest increase in almost 40 years.

In addition to standard paternity leave, parents of babies due on or after April 3, 2011 or who have received notification that they have been matched with a child for adoption have a right to extra paternity leave provided they meet the eligibility criteria.

The full impact of the introduction of this legislation and the ongoing trend towards an increase in the birth rate has yet to be felt by many businesses.

So who is eligible for additional paternity leave? Here’s a rough guide: To claim the leave an employee must –

• Have been continuously employed for 26 weeks before the end of the 15th week before the expected week of confinement and be either the biological father of the child, the mother’s husband, civil partner or partner, or;

• Have been continuously employed for 26 weeks ending with the week in which the adoptive parent is notified of being matched for adoption, be either married to or the civil partner or partner of the adoptive parent and

• Have or be expected to have the responsibility for the upbringing of the child where the employee is the child’s father. Where the spouse, civil partner or partner of the adoptive parent is not the child’s father, the employee must have or be expected to have the main responsibility along with the mother or adoptive parent.

Additional Paternity leave is for a maximum of 26 weeks to be taken 20 or more weeks after the child’s birth or placement and after their partner has returned to work from statutory maternity or adoption leave. Minimum additional paternity leave? Two weeks.

Maximum? 26 weeks. It can only be taken as one continuous period. Additional paternity leave must have ended by the child’s first birthday or in the case of adoption no later than 52 weeks after the child starts living with the adopter.

Employees must give employers notice in writing at least eight weeks before the start of the leave. This must include the expected date of the baby's birth or date of being notified of being matched for adoption; the actual date of baby's birth, or placement of adoption; the start date of the additional paternity leave and pay; relationship to the mother, and leave to be taken to care for the child Should you be faced with a request for additional paternity leave and are unsure how to proceed then seek independent legal advice. I strongly recommend that businesses review their family friendly policies now to avoid any difficulties in the future.