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Important changes to maternity (and adoption) leave entitlements were introduced under the provisions of the Work and Families Act 2006. These changes came into force in October of last year, and apply to women with babies that are due on or after 1 April 2007 (or to adopters when the child is due to be placed for adoption on or after that date). Accordingly, this bulletin takes the opportunity to remind readers of the key changes to rights and responsibilities in this field.
Maternity and Adoption Leave
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All pregnant employees are entitled to a maximum of 12 months’ maternity (or adoption) leave, without any minimum period of qualifying service. This will still be split into two distinct periods of leave: 26 weeks of “ordinary maternity leave” and 26 weeks of “additional maternity leave”. Different contractual rights apply to each period of leave. |
Statutory Maternity Pay (SMP)
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The period for which SMP is payable is extended to 39 weeks (from 26 weeks). The first six weeks will still be paid at 90% of the employee’s average weekly earnings, with the remaining 33 weeks paid at the statutory rate (£112.75 per week from 1 April 2007). |
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The Work and Families Act also makes provision for the full 12 months of maternity leave to be paid, and this is likely to take effect from April 2009, although this date has not yet been confirmed. |
“Keeping in touch” days
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Employees on maternity or adoption leave are able to work for up to 10 mutually agreed “keeping in touch” (KIT) days during their period of leave, without losing any entitlement to SMP. |
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On KIT days, employees will be able to carry out their normal working activities, although it is envisaged that KIT days will be used mainly so as to allow employees to attend training events, team meetings or conferences, which will help them to keep abreast of developments in the workplace. |
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An employer cannot insist on the employee’s attendance, nor can the employee insist on attending on any particular day. |
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The employee is entitled to be paid for any days worked at a rate to be agreed with the employer, which would generally be the employee’s normal rate of pay. Whether the amount of SMP paid to the employee is deducted from the normal rate of pay for any KIT day or in addition to it, will be up to the parties to agree. |
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In addition, the law now makes it clear that an employer is entitled to make “reasonable contact” with an employee during maternity or adoption leave. The nature and frequency of any contact will depend on the individual circumstance and contact can be made in any suitable way (letter, email or telephone, for example). |
Returning to work
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Employees must provide a minimum of eight week’s notice (extended from four weeks) to their employer if they intend to return to work from maternity or adoption leave earlier or later than previously agreed or notified. | Nick Tsatsas
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Simkins' early warning bulletins are for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to Court decisions facts referred to are those reported as found by the Court. Please note that past bulletins included in the Archive have not been updated by any subsequent changes in statute or case law.
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