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Additional paternity leave may be available if:

• if the individual is the father of a child due on or after 3rd April 2011
• the wife, partner or civil partner is pregnant and due to give birth to a child on or after the 3rd April 2011
• the individual receives notification that they are matched with a child for adoption on or after 3rd April 2011
• the wife, partner or civil partner is adopting a child from overseas and the child enters Great Britain on or after 3rd April 2011
• the child's mother is entitled to statutory maternity leave, maternity pay or allowance or statutory adoption leave or pay

Additional paternity leave is for a maximum of 26 weeks.  Leave can be taken any time from 20 weeks after the child is born but it must have finished by the child's 1st birthday.  In the case of adoption it can start anytime between 20 weeks and 52 weeks after the child starts living with the adopter.

To qualify for additional paternity leave  and pay employers must receive notice in writing at least 8 weeks before the start of the leave.  This must include:

• the expected date of the baby's birth or date of notified of being matched for adoption
• the actual date of bay's birth, or placement of adoption
• the start date of the additional paternity leave and pay
• relationship to the mother and leave is taken to care for the child

For additional paternity leave to be taken the child's mother or adopter must have returned to work.  Periods of annual leave, sick leave or parental leave which directly follows maternity or adoption leave will not count as a return to work.