Newsbank
Extra leave given to new mothers
New legislation due to be enacted will have major implications for employers. Rules governing maternity pay, flexibility at work, and length of holidays are all set to change under The Work and Families Act 2006 and in all three cases the changes will benefit employees more than the companies they work for.
Virginia Mark, a specialist in employment law at Barr Ellison, takes up the story: "For babies due after April 1 this year, all mothers will be now entitled to 12 months maternity leave rather than six. Additionally, statutory maternity pay (SMP) will be paid for nine months rather than six. The principles of this won't change, with 90% of salary being paid for the first six weeks and basic SMP for the remaining seven and a half months.
"The intention is to increase the length of time SMP is paid to 12 months by the end of this government. Additionally, employees who have just joined companies won't have to serve a qualifying period before they are entitled to the longer maternity leave. Theoretically, someone who was already pregnant when they joined a firm would be entitled to a year's maternity leave straight away. Another important change is that employers with five or less employees will no longer be exempt. Employers should also note that these provisions for maternity leave apply to adoption as well.
"It is proposed that by the end of this parliament, fathers may be entitled to take any unused leave which the mother hasn't taken."
"But employers needs have also been recognized. At the moment, it's frowned upon to contact people who are on leave, but Keeping In Touch days will be introduced, where mothers can come back to work for up to 10 days during their leave. Employers will also be able to make reasonable contact with the mother while she's away.
"Another benefit to the employer is that if the mother wants to come back sooner, she's now going to have to give eight weeks' notice, rather than the current four. This at least gives the employer a chance to sort out the job situation in plenty of time.
"Away from maternity rights, flexible working is also being extended. At the moment, you can ask to work flexibly if you have responsibility for a child under six or a disabled child under 18. Employers must have sound business reasons to refuse.
"From April 1, this flexible working is being extended to adult dependants so that carers can also benefit.
"Current Working Time regulations give 20 days holiday per year if the employee works full-time. This has often been interpreted quite meanly, because it includes bank holidays.
"Part of the Act effectively adds bank holidays to the existing 20 days leave. Although still under consultation, it is proposed that the legislation is phased in over the next two Octobers, so by 2008 all employees should have an extra eight days."
For further information contact Virginia Mark.
The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.
