News : Valerie Moore
Work & Families Act 2006
04 December 2006
The new legislation affect any employee whose expected week of childbirth is on or after 1st April 2007, (or an employee whose child is expected to be placed with him for adoption by that date)
Additional Maternity Leave no longer has a qualifying period
For mothers expecting a baby due on or after 6 April 2007 statutory maternity leave increases from the current 6 months to 9 months. (The same leave is available to adoptive parents). Removed will be the additional length of service requirement for additional maternity leave. An employee who qualifies for ordinary maternity leave will now also qualify for additional maternity leave.
Working for the employer during maternity leave to keep in touch and uptodate.
An employee on maternity leave can agree with her employer to work for up to 10 days during the statutory maternity leave period without bringing that period to an end as a result of carrying out the work. For the purposes of the new provision, "work" may include training or any other activity undertaken to assist the employee in keeping in touch with the workplace. The new provision also sets out that reasonable contact which employers and employees are entitled to have with each other during the maternity leave period does not bring that period to an end.
Any such work must be by agreement between the parties and there is no right for an employer to demand that an employee undertake any such work, nor for an employee to do such work.
Right to Return to the Same or a Similar Job
Removed is the small employers' exemption - the employee has a right to return to the same or a similar job regardless of the size of the organisation. If the employee is prevented from so doing in these circumstances the dismissal will be automatically unfair.
Notice of Returning to Work
Those on maternity leave who wish to return early from the additional maternity leave then they must give the employer at least 8 weeks notice of the date on which she wishes to return.
For more information and useful links go to
www.dti.gov.uk/employment/employment-legislation/workandfamiliesact/index.html
www.dti.gov.uk/files/file34286.pdf
Paternity Leave and Pay
The right to Paternity Leave and Pay allows eligible employees to take paid leave during the first 2 months of the child’s life to care for their baby or to support the mother following birth. Employees can take either one week’s, or two consecutive weeks’ paternity leave and during this time may be entitled to Paternity Pay (payable as the same rates as maternity pay)
When there is a further extension of statutory maternity leave from 9 months to 12 months (although this will not be until April 2008 at the earliest) fathers will have a new right to upto 26 weeks Additional Paternity Leave, some of which could be paid, if the mother returns to work (the leave/payment being split between them).
For further information and useful links
www.dti.gov.uk/employment/workandfamilies/paternity-leave/index.html
Additional Maternity Leave no longer has a qualifying period
For mothers expecting a baby due on or after 6 April 2007 statutory maternity leave increases from the current 6 months to 9 months. (The same leave is available to adoptive parents). Removed will be the additional length of service requirement for additional maternity leave. An employee who qualifies for ordinary maternity leave will now also qualify for additional maternity leave.
Working for the employer during maternity leave to keep in touch and uptodate.
An employee on maternity leave can agree with her employer to work for up to 10 days during the statutory maternity leave period without bringing that period to an end as a result of carrying out the work. For the purposes of the new provision, "work" may include training or any other activity undertaken to assist the employee in keeping in touch with the workplace. The new provision also sets out that reasonable contact which employers and employees are entitled to have with each other during the maternity leave period does not bring that period to an end.
Any such work must be by agreement between the parties and there is no right for an employer to demand that an employee undertake any such work, nor for an employee to do such work.
Right to Return to the Same or a Similar Job
Removed is the small employers' exemption - the employee has a right to return to the same or a similar job regardless of the size of the organisation. If the employee is prevented from so doing in these circumstances the dismissal will be automatically unfair.
Notice of Returning to Work
Those on maternity leave who wish to return early from the additional maternity leave then they must give the employer at least 8 weeks notice of the date on which she wishes to return.
For more information and useful links go to
www.dti.gov.uk/employment/employment-legislation/workandfamiliesact/index.html
www.dti.gov.uk/files/file34286.pdf
Paternity Leave and Pay
The right to Paternity Leave and Pay allows eligible employees to take paid leave during the first 2 months of the child’s life to care for their baby or to support the mother following birth. Employees can take either one week’s, or two consecutive weeks’ paternity leave and during this time may be entitled to Paternity Pay (payable as the same rates as maternity pay)
When there is a further extension of statutory maternity leave from 9 months to 12 months (although this will not be until April 2008 at the earliest) fathers will have a new right to upto 26 weeks Additional Paternity Leave, some of which could be paid, if the mother returns to work (the leave/payment being split between them).
For further information and useful links
www.dti.gov.uk/employment/workandfamilies/paternity-leave/index.html