Work and Families Act 2006 comes into effect on 1 April 2007
05 Feb 2007
Below are a summary of the changes:
From 1 October 2006 when the law came into force, statutory maternity pay, maternity allowance and statutory adoption pay increased from 26 weeks to 39 weeks for babies due on or after 1 April 2007, or adoption placements from that date. These mothers will also become entitled to a total of 52 weeks maternity leave. This is regardless of the length of service with the employer.
Women returning from maternity leave and who want to change their return-to-work dates are now required to give 2 months (8 weeks) notice – this represents a 100% increase, previously women needed only to give 1 month (4 weeks) notice.
Any woman on paid maternity leave (statutory maternity pay or otherwise) is entitled to certain employment related benefits. When statutory maternity leave increases to 39 weeks in April (52 weeks in 2009-10 is planned) employers will be obliged to continue to pay employment related benefits, such as pension contributions, into the additional leave period for as long as the woman is receiving pay.
Up to 10 ‘keeping in touch’ days will be introduced to allow mothers to go into work and stay in touch with developments and training there, without bringing their leave to an end or losing out on maternity pay.
Legally, an employee on a ‘keeping in touch’ day will be working and therefore should be paid her usual rate (failing to do so would be a breach of contract unless the employee agrees to forgo pay or accepts a reduced amount. Even if the employee does, it will be breach of the Equal Pay Act 1970 not to pay her the appropriate rate. It may also breach national minimum wage legislation).
The administration of maternity payments will be simplified and allow employers to adjust them in line with their normal payroll procedures.
There are provisions to introduce further parental rights within the current Parliament, which would extend maternity pay and adoption pay to 52 weeks and allow mothers to ‘pass on’ to fathers up to 26 weeks of their paid leave entitlement.
More information can be found on the DTI website www.dti.gov.uk . Specifically there are two separate guides, one for the employer and one for the employee – www.dti.gov.uk/files/file34286.pdf and www.dti.gov.uk/files/file34285.pdf respectively.
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