Member Article

By your leave ? Reform of maternity leave

With Watson Burton LLP Law Firm

Important changes to the law on family related leave came into force on 1st October 2006. The new Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006 (“the Regulations”) implement certain provisions of the Work and Families Act 2006 (“the Act”). The changes made by the Regulations affect children born or adopted on or after 1st April 2007. The main provisions in the Regulations are as follows:

• The removal of the 6 months’ service requirement for a woman to qualify for Additional Maternity Leave (“AML”). Consequently, all female employees will automatically be eligible for AML.
• The introduction of keeping in touch days. This will allow employees on maternity or adoption leave to work for up to 10 days without ending that leave or affecting their right to Statutory Maternity or Adoption Pay. There is no obligation on either employer or employee to participate. Employees will be protected from detriment and dismissal in relation to those days and can bring a tribunal claim if this occurs.
• Reasonable contact between the employer and employee during maternity or adoption leave is not deemed to bring the leave to an end.
• The Regulations remove the exemption that had applied to very small firms so that all employees are now protected from dismissal after a period of maternity or adoption leave.
• The doubling of the amount of notice an employee intending to return early from AML or additional adoption leave must give her employer from 4 to 8 weeks.

In addition to the above changes further entitlements will be introduced under the Act which include:

• Extending the period of statutory maternity or adoption pay initially from 26 to 39 weeks by 2007 and subsequently to 52 weeks by the end of the next Parliament. The extra 3 months are to paid at the flat rate, currently £108.85 per week.
• Extending the right to request flexible working to carers of adults.
• The extension of paternity leave and pay. A right to additional paternity leave will allow fathers and partners to benefit from leave and statutory pay if the mother returns to work after 6 months but before the end of the maternity leave period and the father takes over the child care duties.

The Regulations represent important changes to the law and employers should be aware of the changes when advising employees. Employers should review their current policies and note that further changes are expected. If you have any queries relating to this article please contact Nicholas Gemmell at Watson Burton LLP at nicholas.gemmell@watsonburton.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .