Maternity Leave and Maternity Rights
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There were significant changes made to the law governing maternity and pregnancy leave concerning mothers of children born on or after 1st April 2007, which included the extension of the right to Additional Maternity Leave (AML) and an increase to the time period for which Statutory Maternity Pay is payable.
The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 have since further extended maternity rights. All expecting mothers whose expected week of confinement commences on or after 5th October 2008 will now be entitled to receive the full range of benefits under their employment contract (excluding remuneration) during AML as well as OML. This would cover benefits such as gym membership. It would also cover company cars and mobile phones which are allowed for personal use as well as business. It would not cover however company cars or mobile phones which are solely for business use.
From beginning to end, the process of arranging a pregnant employee's maternity leave, organising a pregnancy risk assessment, maintaining contact during that leave, and aiding the employee's smooth return to work can be a complex process. Simply-docs has produced a number of documents to deal with each and every stage of the new laws covering pregnancy leave, both for employers and employees.
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Maternity Leave
All female employees are now entitled to a total of 52 weeks' maternity leave. This is divided up into Ordinary Maternity Leave and Additional Maternity Leave; each of 26 weeks. The employer must also carry out a pregnancy risk assessment.
Statutory Maternity Pay and Maternity Allowance
For 39 weeks of their leave, it's an employee's maternity leave right to receive either Statutory Maternity Pay or Maternity Allowance. An employee's length of service with the employer will determine which of these she qualifies for.
Working During Maternity Leave & KIT Days
Employees on maternity leave are entitled, subject to employer's approval, to return to work during maternity leave for a maximum of 10 days. This may be for a day of work or to attend training or other events. Such days are normally known as Keeping In Touch Days.
Returning to Work
It's an employee's maternity leave right to return to work at the end of their maternity leave. To facilitate a smooth transition from maternity leave to work and to assist new mothers in balancing priorities, flexible working may be applied for.
Maternity Policy
The simply-docs Maternity Policy has been drafted so as to cover all of these points, setting out the rights and responsibilities of your employees. It has recently been updated in order to reflect the change in rights for mothers with an expectant week of childbirth commencing on or after 5th October 2008, who will now be entitled to their non-pay contractual benefits during AML as well as OML.
Future Changes
The Government has a goal to extend Statutory Minimum Pay to 52 weeks, up from the current 39 weeks. This would have the effect of ensuring SMP was payable for entire length of both OML and AML combined. This is unlikely to take effect before April 2010 however. Watch this space for any developments on SMP and any other aspect of maternity rights.
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