- Work and Families Act 200619 April 2007
In April 2007 the new Work and Families Act 2006 will come into force changing maternity, paternity and adoption leave, pay and flexible working.
Maternity leave and pay
The new Act extends the current period of Statutory Maternity pay from 26 weeks to 39 weeks from 1 April 2007. Qualifying adopting parents will also be entitled Statutory Adoption Pay for the additional weeks.
All mothers will be entitled to take 12 months leave. Currently all pregnant employees are entitled to 26 weeks ordinary maternity leave and qualifying employees can take a further 26 weeks additional maternity leave. The length of service requirement for additional maternity leave has been removed meaning all pregnant employees can choose to take up to 12 months leave, if they wish.There is no change for additional adoption leave.
Paternity leave and pay
The Act gives an employed father an entitlement to a further 26 weeks leave, in addition to the current entitlement to paternity leave and unpaid parental leave.
The first six months leave will be preserved for the mother but the father will then be able to take additional paternity leave if the mother has returned to work. This additional leave may also be paid leave if the mother chooses to return to work while entitled to Statutory Maternity Pay.
Keeping in contact with Employers/Employees
Employers may make reasonable contact with an employee during their maternity leave. The Act also provides for optional ‘keeping in touch’ days which enable an employee to attend work for a few days without losing their maternity pay, for example, to attend training days.
Any Employee wishing to return from maternity leave early will have to give their employers eight weeks notice of their proposed date of return, rather than the current 28 days notice.
Flexible working
All employers must currently seriously consider any request for flexible working arrangements from parents with children under 6 years of age or disabled children under 18 years of age. Note; this is not an automatic right to have such arrangement provided. The Work and Families Act 2006 extends these provisions to employees who care for adults.
It is important for employers to keep their policies relating to maternity and paternity leave and pay under review and make employee aware of their rights.
If you have any questions about maternity or paternity rights or require more information please contact Martin Stevens on mds@hallettandco.co.uk or Darren Thorneycroft on dct@hallettandco.co.uk or telephone 01233 625711.
Skip to Main Content