Q&A: Maternity and paternity leave

Since 1 October, as part of the Work and Families Act 2006, new laws have allowed greater rights to workers expecting children due on or after 1 April 2007. As a manager, it is important that you are aware of the implications, explains Afsheen Latif
Steve Williams (SW), head of equality services at Acas, explains what the recent changes to maternity pay and leave mean for employers.

How much time off is allowed for maternity leave?

SW: Employees will be entitled to 52 weeks of maternity leave, which consists of 26 weeks' 'Ordinary Maternity Leave' and 26 weeks' 'Additional Maternity Leave'. Employees cannot work in the two weeks after giving birth (four weeks for those who work in a factory).

What length of time do employers contribute to Statutory Maternity Pay (SMP)?

SW: The length of time has been extended to 39 weeks (nine months). Employers can get further information about SMP from HM Revenue & Customs' (HMRC) Employer Helpline on 08457 143 143 or by visiting their website (www.hmrc.gov.uk/employers/index.shtml).

How much is SMP currently?

SW: For the first six weeks, employers pay 90 per cent of the employee's average weekly earnings. The remaining 33 weeks are paid at the standard rate of SMP, currently, £108.85 a week or 90 per cent of the woman's average weekly earnings if it is less than this figure. The rate is reviewed annually. Details of current rates are available from HMRC.

What is the length-of-service requirement for SMP?

SW: This is unchanged. Your employee must have worked for you continuously for at least 26 weeks by the 15th week before the baby is due.

What about the flexibility of SMP?

SW: The changes now make it possible for SMP to start on any day of the week. Employers will be able to calculate SMP as a daily rate if it makes administration easier for them. Details of the flexibility of SMP are available from HMRC.

How much notice should an employee give when returning to work from maternity leave?

SW: You are entitled to at least eight weeks' notice from an employee who wishes to return before the end of her maternity leave. You are entitled to postpone your employee's return until you have eight weeks' notice, but you cannot postpone it beyond the end of the 52-week period or if you did not inform her of the date she was due to return to work. Your employee is entitled to change her mind about her return date but should tell you the new, later date at least eight weeks before the earlier date.

Will an employee be able to work ad hoc during maternity leave? SW: You can agree up to ten 'Keeping in Touch Days' with an employee during the maternity leave. These are not limited to her usual job and could include training. You should agree working arrangements for these days with your employee, including what she will be doing and what she will be paid. Employers cannot insist that employees work Keeping in Touch Days nor are they obliged to offer them.

How much time is allowed for paternity leave?

SW: This is unchanged. Eligible employees can take one or two consecutive weeks' leave, which can be taken at the time of birth or within 56 days. As an employer you are entitled to certain notice and evidence from the employee of their entitlement. The 'SC3 Becoming a Parent' form can be used for this.

How long must an employee have worked to be eligible for Statutory Paternity Pay?

SW: An employee must have worked continuously for you for 26 weeks by the 15th week before the baby is due.