Employment Law update (Sept 2008)
Maternity Rights – changes from 5th October
Women taking maternity leave and parents taking adoption leave
will benefit from increased rights from 5th October
2008. The changes mean that they will have the right to full
contractual benefits (other than pay) during the whole of their
maternity or adoption leave, and not just for the first six months
as at present. Employers should ensure they understand the
implications of the changes and amend their procedures
accordingly.
One significant change will be that employees will continue to
earn their full contractual holiday entitlement during the whole of
the year's maternity or adoption leave. Currently, this can be
restricted to the statutory minimum entitlement during the second
six months of the leave, known as "Additional Maternity or Adoption
Leave". The change will also apply to other benefits such as
company cars and childcare vouchers. Again, employees on maternity
or adoption leave will retain the right to receive these benefits
for the full period of the leave. Employers will not be
permitted to deduct money from wages to cover the cost of providing
the benefits.
After these changes, there will be little practical difference
between the first six months' Ordinary Maternity Leave and the
second six months' Additional Maternity Leave. The right to
Statutory Maternity Pay is currently 9 months (39 weeks) and spans
the two leave periods.
Employers will have to operate two sets of rules for the next
year, as the current rules will continue to apply for employees
whose expected week of childbirth or due placement date for
adoption is before 5th October.
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Key Facts
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For Maternity Leave where the Expected week of Childbirth is
from 5th October 2008, contractual benefits (other than
pay) will apply throughout the full 12 months’ Maternity Leave.
The same rules apply in respect of adoption leave, where the
child is due to be placed for adoption from 5th October
2008.
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How Mentor will help
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Subscribers to the Mentor Employment Law service will be sent
updates to their Personnel Guidance System and Employee Handbook
manuals by the beginning of October.
Make use of the Telephone Advice Service if you need further
assistance.
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