Heard about the Latest Changes to Maternity Leave?
New regulations came into force on 1st October 2006 and begin to apply to employees whose expected week of childbirth begins on or after 1st April 2007.
What does this mean in practice?
There are a number of key changes that affect pregnant employees and their employers that you should be aware of:
- Currently, there is a 26 week service requirement in order to qualify for additional maternity leave (an additional 26 week period). Where the expected week of childbirth is on or after 1st April 2007 though, every pregnant employee, regardless of length of service, can take up to 26 weeks' additional leave after the period of ordinary maternity leave.
- This means that because all pregnant employees will be automatically entitled to additional maternity leave, if an employee chooses to only take ordinary maternity leave, she will have to comply with the notification arrangements for returning early from additional maternity leave.
- Currently, if an employee wishes to return to work before the end of the ordinary or additional maternity leave period, she must give 28 days notice of her return. If 28 days notice is not given, the employer may delay her return. However, if there is an expected week of childbirth on or after 1st April 2007, the employee must give the employer eight weeks' notice of her return to work, if this is before the end of additional maternity leave. If this period of notice is not given, the employer can delay the return. The employee can alter her return date by giving eight weeks' notice.
- 'Keeping in Touch Days' have been introduced for employees with an expected week of childbirth on or after 1st April 2007. This means that an employee on maternity leave can voluntarily (there is no obligation to), carry out up to 10 days' work for the employer, without this causing the maternity leave period to end. Examples of the type of work intended to be covered by this provision include attending training, meetings, or any other activities intended to keep the employee up to date. Regardless of the length of the work undertaken, any activity in a day will count as a whole day.
- A provision which has previously applied to small organisations of under 6 staff has been repealed for any maternity leave where there is an expected week of childbirth on or after 1st April 2007. This used to allow small organisations to justify a refusal to allow an employee to return to work after childbirth on the grounds that it was not reasonably practicable either for the employee to return to work in her original job or to offer her suitable alternative employment. This is now not the case.
If you have any questions about these changes, please contact Lisa Davies on 01494 478 801 or email lisa@hradvantage.co.uk
If you are an HR Advantage client, we will of course be providing you with further information and updates in due course.
December 2006
