Family friendly proposals for 2007

Important changes to maternity leave and pay take effect from 1 April 2007, in line with the Work and Families Act which became statute in October 2006. In brief these are:

• all pregnant employees will be entitled to 52 weeks’ maternity leave (26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave) irrespective of length of service
• pregnant employees who meet qualifying conditions based on their length of service and average earnings are entitled to up to 39 weeks Statutory Maternity Pay (SMP), which is paid by their employers and mostly or completely refunded by the government
• women who are not entitled to SMP but meet qualifying conditions based on their recent employment and earnings may claim up to 39 weeks’ Maternity Allowance, paid direct by Jobcentre Plus
• employers may make reasonable contact with a woman on maternity leave for a number of reasons, such as to discuss arrangements for her return to work
• if the employee wishes to return to work before the end of her full maternity leave period (this will normally be the end date the employer confirmed to her before she went on leave), she must give her employer eight weeks’ notice of her return to work. This notice requirement applies during both Ordinary and Additional Maternity Leave.
• those on maternity leave may by agreement with their employer, complete up to ten days paid work (for which the payment will include the SMP), known as “Keeping in Touch Days”.

In addition flexible working rights will be extended to carers of adults from April 2007 and it is anticipated that fathers will be entitled to Additional Paternity Leave of up to six months if the mother returns to work before her maternity leave is over, paid at the SMP rate. The government has consulted on the detail of the new rights although the final arrangements have yet to be announced. The new rights for fathers are likely to come into effect when SMP is further extended to 52 weeks ‘before the end of this Parliament’ but not before April 2008.