Statutory maternity leave and pay

STATUTORY MATERNITY LEAVE AND PAY

Every pregnant employee, regardless of her length of service, has the right to take up to 26 weeks' ordinary maternity leave.

A pregnant employee who has been continuously employed for 26 weeks or more at the beginning of the 14th week before her expected week of childbirth has the right to take up to 26 weeks' additional maternity leave.

Ordinary maternity leave period

Commencement date

Notes

The date that she has notified her employer as being the date on which she intends her maternity leave to start

This must be no earlier than the beginning of the 11th week before the expected week of childbirth

Where this is earlier, the day following the first day after the beginning of the fourth week before the expected week of childbirth on which she is absent from work wholly or partly because of pregnancy

-

Otherwise, the day following the one on which childbirth occurred

This will be relevant where childbirth occurs prematurely

Additional maternity leave period

Commencement date

Notes

The day after the last day of her ordinary maternity leave period

Additional maternity leave is limited to employees with 26 weeks' continuous employment at the beginning of the 14th week before the expected week of childbirth

Compulsory maternity leave

Individual

Period of leave

Employee entitled to ordinary maternity leave

Two weeks commencing on the day on which childbirth occurs

Employee who works in a factory

Four weeks commencing on the day on which childbirth occurs

Statutory maternity pay from 2 April 2006

The first six weeks of payment

90% of the employee's average weekly earnings

The next 20 weeks of payment

£1 08.851 (or 90% of average weekly earnings if this figure is less than £108.85)

The standard rate for statutory maternity pay increased from £1 06.00 on 2 April 2006.

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LEGAL TIMETABLE

Forthcoming law

Coming into force

Age discrimination legislation

1 October 2006

The Employment Equality (Age) Regulations 2006, now published in their final form, will prohibit direct and indirect discrimination, harassment and victimisation on the grounds of age. They will also provide for a national default retirement age of 65, although employees will have the right to request to work beyond this age.

National minimum wage is increased

1 October 2006

The main adult rate of the national minimum wage will increase to £5.35 per hour, the youth development rate to £4.45 per hour and the minimum wage for 16- and 1 7-year-olds to £3.30 per hour.

Public sector duty to promote equality for disabled people

4 December 2006

The Disability Discrimination Act 2005 will place a duty on public bodies to promote equal opportunities for disabled people. Public authorities will be required to have due regard to the need to eliminate unlawful discrimination against disabled people and promote equality of opportunity for them.

Open consultations

Closing date

Duty to notify secretary of state on collective redundancies

9 June 2006


The Department of Trade and Industry is consulting on proposals to amend s.193 of the Trade Union and Labour Relations (Consolidation) Act 1992 to make it clear that notification to the secretary of state of proposed collective redundancies should take place before notices of dismissal are issued.

Available at: www.dti.gov.uk/files/file281 63.pdf?pubpdfdload=06/905.

Extension of jurisdictions affected by dispute resolution procedures

11 August 2006

The Department of Trade and Industry is consulting on whether the jurisdictions affected by the statutory dispute resolution procedures should be extended to cover three new employment rights, including rights under the Information and Consultation of Employees Regulations 2004.

Available at: www.dti.gov.uk/consultations/page29153.html.

Improving worker involvement in health and safety

8 September 2006

The Health and Safety Commission is consulting on the legislative and voluntary measures that could be taken to improve worker involvement in health and safety management. Changes to the law could include the introduction of a new duty on employers to consult safety representatives on risk assessments and to respond to representations made by them.

Available at: www.hse.gov.uk/consult/condocs/cd207.htm.

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CASES ON APPEAL

Majrowski v Guy's and St Thomas's NHS Trust
This case was heard by the House of Lords on 10 May 2006. It concerns an employer's vicarious liability for a statutory duty placed on an employee under the Protection from Harassment Act 1997.

Sharp v Caledonia Group Services Ltd
The Court of Appeal is expected to hear this case in summer 2006. The main issue is whether a material factor that is not discriminatory has to be objectively justified to provide a defence to an equal pay claim.

HM Revenue and Customs v Stringer and others (previously known as Commissioners of Inland Revenue v Ainsworth and others)
This appeal, unlikely to be heard before late 2006, is against the Court of Appeal's ruling that workers on long-term sick leave who have exhausted their occupational sick pay entitlement cannot take four weeks' paid holiday under the Working Time Regulations.