Maternity/Paternity Update
The laws governing maternity leave and pay are already a potential minefield for employers and in the future promise to be even more complex. Set out below is an overview of developments proposed by the government.
Extension to Maternity and Adoption Leave
From April 2007 the ´Maternity and Parental Leave (Amendment) Regulations 2006´ will extend maternity leave entitlement from six months to twelve months for all employed women. Similar provisions apply to adoption.
Extension to Paternity Leave
It is proposed that men be entitled to six months unpaid leave within a year of the child´s birth. This leave would be in addition to the two weeks paternity leave currently available. The leave would start when the mother or adopter returned to work but could not be earlier than 20 weeks following the birth or adoption of the child.
Increase in Statutory Maternity Pay (SMP)
Only women or adopters who have been employed for six months at the end of the fifteenth week before the child is expected to be born qualify for SMP.
Currently women and adopters receive SMP for the first six months of their maternity leave but it is proposed from April 2007 to make pay available for nine months, eventually extending to a full year. This increase will obviously place an increased burden upon employers.
Keep in Touch
´Keeping in touch days´ will be introduced to allow women to work for a limited number of days during maternity leave without losing their entitlement to maternity pay. Employers will also be able to maintain reasonable contact with their employees during maternity leave to keep them up to date with what is happening in the workplace.
Case Law Developments
The importance of keeping in touch was highlighted in the case of Visa International Service Association v Paul [2004] in which it was held that employers have a duty to keep employees on maternity leave informed of new job vacancies. Failure to do so was a breach of contract even though the employee was not qualified for the post, they would be entitled to resign and claim constructive dismissal.
What this Means for Employers?
There is a danger however in attempting to retain contact with employees on maternity leave that it may be construed as victimisation, harassment and/or discrimination.
In order to get around this issue employers are recommended to ensure that they reserve the right in their contracts of employment to contact employees absent on maternity leave and arrange for them to attend work on an occasional basis. An ´out of sight, out of mind´ attitude must not be taken towards employees on maternity leave.
For Further Help
Keoghs are holding a FREE seminar entitled “Taking Time Out” which will explain this and other legislation relating to an employee’s right to time off, exploring its application in a practical context and demonstrating ways to ensure compliance in company policies and procedures. This event will be taking place from 4.30pm onwards on Thursday 19th October at Keoghs´ offices in Bolton. For further information contact Joanne Wootton at jwootton@keoghs.co.uk or on 01204 677330
For more information this topic contact: Lindsey McCulloch, Solicitor at Keoghs
lmcculloch@keoghs.co.uk or (T) 01204 677242
Disclaimer of Liability: Nothing in this document constitutes legal advice. You should always consult a suitably qualified lawyer about any specific legal matter. Keoghs assumes no responsibility for the information in this document and disclaims all liability relating to such information.
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