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Small businesses should start preparing for changes in paternity laws, say legal experts.

This follows new legislation set to allow a father up to six months leave while the mother returns to work.

Angela Armar, employment solicitor at Davenport Lyons, says: ‘With maternity leave you need at least 15 weeks’ notice, but for paternity leave the father only has to give eight weeks’ notice, so there’s less time to make contingency plans.

‘Small businesses should review their policies now and make sure they have a good back-up system in place. They should also express that while eight weeks’ notice is the minimum requirement, they would encourage employees to let them know as soon as possible if they intend to take time off.

Armar expects the new laws to lead to more employment tribunals: 'Employers need to be very careful how they deal with employees and not be flippant because it’s the father who’s asking for leave instead of the mother.’

Under the new laws, a mother will be able to transfer the last three months of her paid maternity leave to the father, who after this period can then take an additional three months’ unpaid leave

David Price, head of employee relations at Peninsula, is concerned that the new system could be open to abuse. He says: ‘A number of our clients are concerned with the practicality of how it’s going to be transferred. It’s a self-certification system, so the male employee will not have to provide proof that he is a father to be.

‘Employers need to have clear rules and expectations. Small businesses are worried at the moment, as they’ve never had to factor in the possibility of male employees taking time off before.’

The law will come into force this April, but will only affect employees expecting a child after April 2011.

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