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Family Friendly Legislation

21 March 2007

Changes coming into effect from 1 April 2007

Statutory Maternity and Adoption Pay and Leave; Statutory Paternity Leave

Several changes were introduced by the Work and Families Act 2006 (the "2006 Act") which changes apply where the expected week (starting on a Sunday) of childbirth (EWC) or date of adoption (DOA) falls on or after 1 April 2007.

Maternity

Whilst Ordinary Maternity Leave (OML) remains at 26 weeks the period of Statutory Maternity Pay (SMP) - where the EWC falls on or after 1 April 2007 - is extended from 26 weeks to 39 weeks.
To qualify for SMP an employee must have been continuously employed for at least 26 weeks by the end of the fifteenth week before her EWC.
There will no longer be a qualifying period for additional maternity leave (AML). All pregnant employees (whose EWC is on or after 1 April 2007) will qualify for a total of 12 months' maternity leave, regardless of length of service.
If she wishes to return early from AML the employee must give to her employer eight weeks' notice of her return.
The legislation removes the small employers' exemption in order to clarify that an employee has the right to return to the same or a similar job regardless of the size of the organisation.
The 2006 Act has introduced Keeping in Touch days (KIT days). Where employee and employer agree, the employee may return to work for up to 10 days during her maternity leave without losing the right to SMP. Employees who do not wish to undertake or consider undertaking KIT days will be protected from detriment or dismissal on those grounds.
The employer is entitled to make 'reasonable contact' with the employee while she is on maternity leave.
The 2006 Act requires that the employee must inform the employer by the end of the fifteenth week before her EWC that the employee is pregnant.

Adoption

The period of Statutory Adoption Pay (SAP) is extended from 26 weeks to 39 weeks
If she / he wishes to return early from Additional Adoption Leave (AAL) the employee must give to the employer eight weeks' notice of that return
KIT days (described at 6 above) apply also to those on Adoption Leave

Paternity

The 2006 Act has introduced new paternity leave provisions under which fathers and the partners of adopters are entitled to leave and - provided that the employee earns at least the lower earnings limits - statutory pay during the first year of the child’s life. To qualify the father or partner must:

Have 26 weeks' continuous employment at the end of the 15th week before the EWC
Inform the employer in writing by the end of the 15th week before the EWC
- when the baby is due
- whether the employee wants one or two weeks' leave
- when the employee wants the leave to start
The small employers' exemption is removed; the employee will have the right to return to the same or a similar job regardless of the size of the organisation.

Flexible Working

At present parents whose child is either under the age of six or, if the child is disabled, under the age of 18, are entitled to request flexible working. From 6 April 2007 carers of individuals over the age of 18 will also be entitled to request flexible working.

NOTE: The 2006 Act (or regulations made under the 2006 Act) also contain the power to:

Extend to one year the period of SMP and SAP. The Government has stated that this will occur before the end of this Parliament.
Introduce additional paternity leave;
Increase, on one occasion only, the maximum amount of a week's pay for the purposes of calculating statutory payments. It has been suggested, but not confirmed, that this increase may take effect on 6 April 2008.

Should you require further information or assistance on this or any other employment related matter please contact Nina Gurney on 01753 734 827 or ngurney@hclaw.co.uk