Changes to maternity leave and pay . . .

Regulations that make changes to maternity leave and pay came into force on 1 October 2006 and apply to employees with an expected week of childbirth beginning on or after 1 April 2007.

The Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006 clarify that employers are allowed to have reasonable contact with employees on maternity leave. They also provide that a woman on maternity leave is able to agree with her employer that she will work for up to 10 "keeping-in-touch" days during her maternity leave.

The Regulations also remove the service requirement for additional maternity leave. An employee who qualifies for ordinary maternity leave now also qualifies for additional maternity leave. In addition, they extend the notice that an employee must give in order to return early from maternity leave from 28 days to eight weeks.

The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006 increase the entitlement to statutory maternity pay from 26 weeks to 39 weeks. The first six weeks is payable at 90% of the employee's average weekly earnings and the next 33 weeks of payment at the standard rate set by the government for the relevant tax year (or 90% of her average weekly earnings if this figure is less than the standard rate).

  • Company maternity policy (employees with an expected week of childbirth beginning on or after 1 April 2007)  Claire Birkinshaw of Abbey Legal Services provides a model maternity policy that complies with the new legislation.
  • Line manager briefing on basic maternity rights   HR & Compliance Centre's line manager briefing provides a overview of the changes to maternity legislation, focusing on areas that are likely to be of direct relevance to line managers. 

  • Maternity leave; statutory maternity pay; and maternity allowance  HR & Compliance Centre's statutory rates section provides an overview of the changes to maternity rights.
  •  Pregnancy and work: What you need to know as an employer (babies due on or after 1 April 2007) (PDF format, 338K) and Pregnancy and work: What you need to know as an employee (babies due on or after 1 April 2007) (PDF format, 472K)   The Department of Trade and Industry website has guidance on the changes.

    Also

    Letter from employer to employee on maternity leave asking her to attend a keeping-in-touch day and Letter from employer to employee on maternity leave responding to employee's request to attend a keeping-in-touch day  From HR & Compliance Centre's policies and documents service.

    Guidance on changes to maternity and adoption leave   IRS Employment Review examines the changes to maternity leave and pay that apply to employees with an expected week of childbirth beginning on or after 1 April 2007.

    New maternity leave and pay regime in focus   Personnel Today looks at the changes to maternity leave and pay which came into force on 1 October 2006 and apply to employees with an expected week of childbirth beginning on or after 1 April 2007.

    Work and Families Act 2006: what employers need to know  Michael Rubenstein, co-editor of IRS journal Equal Opportunities Review, provides guidance on the Work and Families Act 2006, which includes provisions to extend paid maternity and adoption leave and give carers of adults the right to request flexible working.