Employers need to be aware of changes to the rules which have boosted the rights of mothers and fathers. Some of the changes are good news for employers, however, because they make it easier for employees to continue making a contribution at work and keeping in touch with the workplace while on maternity leave.

Previously if an employee returned to work even for only a few days, then her remaining maternity leave and pay would fall away. However, from 1 April, employees can carry out 10 days' work without losing their right to any remaining maternity leave and pay. These are known as keeping-in-touch days.

In April 2007 maternity and parental rights changed significantly with amendments to the Employment Rights Act 1996.

Statutory Maternity Pay (SMP) has been increased from 26 to 39 weeks. Women that qualify for Ordinary Maternity Leave will also qualify for a further 13 weeks unpaid leave after the Ordinary Maternity Leave period.

The period of notice for returning to work from maternity leave has been extended to two months from 28 days, to make it easier for businesses to plan their staffing needs.

The right to request flexible working, previously limited to parents of young children, has been extended to carers of sick or disabled people.

Now's the time for employers to make sure their employment policies and contracts are up-to-date. The new legislation is complex in places, and there are still grey areas. So expert legal advice is essential.

The changes came into force on April 1 2007.

The changes apply to women whose Expected Week of Childbirth (EWC) was on or after 1 April 2007 or where a child was matched with adoptive parents on or after 1 April 2007.

SMP is paid at 90% of the woman's average earnings for the first six weeks and at the same rate, or else at £108.85 a week - which ever is the lower amount - for the remaining 20 weeks.

For the remaining 20 weeks, it falls to £108.85 a week - unless it is already below that figure, in which case it stays the same.

After 39 weeks, women meeting certain conditions are entitled to take a further 26 weeks of maternity leave - usually unpaid, unless their employer chooses to contribute. To be eligible, they must have completed 26 weeks continuous service with their employer by the beginning of the 14th week before their expected week of childbirth.

SMP is paid by employers and then reimbursed by the Treasury.

The Government has indicated its intention to increase paid maternity leave to 52 weeks by the end of this parliament (2009). Mothers will have the right to transfer a proportion of their paid maternity leave to the child’s father. It is not yet know when this provision will be introduced

For additional information please contact: Adam Marshall, on 01491 572138 or by
e-mail: amarshall@mercerslaw.co.uk