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12-July-2007
Family friendly maternity rights
Employers have been getting to grips with the new family-friendly provisions that came into force on 1 April 2007 under the provisions of the Work and Families Act 2006. Many employers remain unaware of the new provisions so here is a brief reminder of the basic points:
Q - How much maternity leave are employees now entitled to and how much money will they be paid?
A - All employees are now entitled to six months ordinary maternity leave and six months additional maternity leave. If the baby is born after 1 April 2007, employees also qualify for an extended period of 39 weeks’ Statutory Maternity Pay (SMP) at 90 percent for the first six weeks followed by the lesser of 90 percent of the employee’s normal weekly earnings or the statutory rate (currently £112.75).
Q - Can employees on maternity leave come back and do some work for us?
A - Yes. Keeping in Touch (KIT) days have been introduced to allow employees to work for up to ten days at any time during their maternity leave (except during the compulsory two or four week period). An employee will not lose her SMP if she undertakes some work during her leave. Both parties must agree to the arrangement and the practical arrangements for KIT days are up for negotiation between the parties. However, an employee is not under an obligation to carry out work and an employer is not obliged to offer such work.
Q - What rights does an employee have who is adopting a child?
A - As with maternity leave, adoption leave has been extended to 12 months and Statutory Adoption Pay (SAP) is payable to qualifying employees for up to 39 weeks.
Q - Do fathers receive enhanced paternity leave and paternity pay under the Work and Families Act?
A - The provisions to give new fathers an entitlement of up to six months’ paid additional paternity leave (APL) did not commence on 1 April. A Department for Trade and Industry consultation is currently being undertaken to establish how APL will be administered.
Q - Have the flexible working provisions changed?
A - Yes. From the 6 April 2007, employees can make a request for flexible working if they are or expect to be caring for a person who is over the age of 18 and in need of care, and who are either married to or the partner (including civil partner) of the employee; a relative of the employee; or living at the same address as the employee. An employee must have 26 weeks’ continuous employment to qualify for this right.
ENDS
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