Legislation to give parents more choice and flexibility in how they use maternity and paternity leave is to be introduced under new Government plans. 

New fathers can take advantage of additional paternity leave and pay during the second six months of a child's life if the mother wishes to return to work with maternity leave outstanding. This, the Government says, will enable parents to share a period of paid leave between them, giving families greater flexibility in how they choose to look after their children. 

In order to give employers time to adjust, the changes will be introduced for parents of children due on or after 3 April 2011. 

The move comes as the Government publishes its response to a consultation on the subject held at the end of 2009.

 Key points of the new regulations: 

• Fathers will be entitled to up to six months' extra leave, which can be taken once the mother has returned to work
• The new provision will be available during the second six months of the child's life, giving parents the option of dividing a period of paid leave entitlement between them
• Some of the leave may be paid if taken during the mother's 39-week maternity pay period. This would be paid at the same rate as Statutory Maternity Pay (currently £123.06)
• Parents will be required to 'self certify' by providing details of their eligibility to their employer. Employers and HMRC will both be able to carry out further checks of entitlement if necessary

The Government has tabled the regulations for Parliament to consider as soon as possible. They will need to be debated and approved by each House before they can be implemented. Subject to this, the Government intends that the law be in force by April 2010 and have effect for parents of children due on or after 3 April 2011.