legal updates
Thursday, 08 Feb 2007
in the family way
CCW's Legal Update 8th January 2007
From 1st April 2007 maternity, adoption and flexible working rights will change significantly:
- The right for all employees to take a total of 52 weeks’ maternity leave and adoption leave regardless of length of service.
- An extension of Statutory Maternity Pay (SMP), Maternity Allowance (MA) and Statutory Adoption Pay (SAP) from 26 weeks to 39 weeks.
- Arrangements for employees and employers to keep in contact including 10 optional Keeping in Touch days.
- Employees will be required to give 8 weeks’ notice if intending to return to work early.
- A new right for employees to request a flexible working pattern if they are carers of adults.
This will almost certainly result in a greater number of employees choosing to take longer periods of leave and more requests for flexible working with as many as 3 million carers in the UK combining work with caring responsibilities. In addition, employers will have to get to grips with the important implications of the changes and explain them to employees. For example, did you know:
- Employees must still satisfy the qualifying period of service in order to receive SMP, MA and SAP?
- Unlike ordinary maternity leave and adoption leave, employees won’t keep all of their contractual rights during additional maternity leave and adoption leave?
- Employees have the right to return to the same job after a period of ordinary maternity leave and adoption leave but not additional maternity leave and adoption leave if it is not ‘reasonably practicable’?
- Only ‘reasonable contact’ can be maintained with the employee during periods of maternity or adoption leave?
- Mothers will soon have a right to transfer a portion of their paid leave to their partner?
Did you also know that many of an employer’s existing obligations remain unaffected, including carrying out full risk assessments and suspension on full pay to protect a woman’s health and safety?
It’s never too soon to review your policies and procedures and these changes are a great opportunity to clarify employee rights and obligations. If you would like further information about your obligations as an employer, or how we can help you review your existing employment practices and roll-out new ones, please contact Donna Reynolds.