Parental rights
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From 1 April, the Work and Families Act gives greater pay and leave entitlement to new parents and pregnant women. Tom Whitney brings you up to date with the key changes
"You need to ensure you are up to date with parental rights," says Alan Phillips, employment helpline manager at Croner Consulting. "Employment tribunals make large awards against employers who ignore the rules. You cannot afford to be ignorant."
New and expectant mothers are presently allowed to take six months' paid maternity leave, regardless of their length of service. If they have worked for their employer for at least six months, they qualify for an extra six months' unpaid leave. Under the new regulations, however, all new and expectant mothers will be entitled to a full year's leave, regardless of length of service, if the baby is due on or after 1 April. "Changes to paternity leave have also been proposed," notes Phillips. "At present, fathers are entitled to two weeks' paid paternity leave, but by 2008 they will be able to claim a proportion of any unused maternity leave." Paid leave The period for which employees can receive statutory maternity pay (SMP) or statutory adoption pay (SAP) is being extended from six to nine months, if they become a parent on or after 1 April. In 2008, the period for maternity pay will be extended to one year. "Don't be concerned by the extended period of maternity pay," advises Phillips. "While it may cause some extra paperwork, you can continue to reclaim statutory maternity pay from HM Revenue & Customs. "You should also be aware that the weekly rate of SMP and SAP is being increased from £108.85 to £112.75," he adds. Keeping in touch Staff on maternity and adoption leave will be allowed to take up to ten 'keep in touch' days to attend work for training and to catch up with projects, clients, colleagues and anything else that will ease their return. "Employers are not obliged to offer these days, but if you do you should agree with your employees what they will be doing and how much they will be paid," recommends Phillips. Employers are also being given the right to make 'reasonable contact' with employees on maternity or adoption leave. "This increased communication should make it easier for you to manage the administration of leave and pay, and plan ahead with greater certainty," explains Phillips. Returning to work Women who want to return to work before the end of their maternity leave currently have to give their employer 28 days' notice. This is now being doubled. You can postpone your employee's return until they have given you eight weeks' notice. "You don't need to be concerned about this change," assures Phillips. "It will give you more time to prepare and manage your staff more effectively."
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