Work and Families Update

The Work and Families Act 2006 has received Royal Assent and will come into force on the 1st October 2006 through the following legislation:

- Maternity and Parental Leave (Amendment) Regulations 2006.

- The Paternity and Adoption Leave (Amendment) Regulations 2006.

- The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006.

The new Regulations will introduce the following additional rights for employees:-

• The current requirement for an employee to have a period of qualifying service for entitlement to Additional Maternity Leave will be abolished. The term Statutory Maternity Leave will be introduced which will encompass ordinary maternity leave and additional maternity leave.

• The return to work exemption for small employers will be removed which will mean that the right to return to the same or similar job will apply to all employees following maternity leave / adoption leave, irrespective of the size of the employer.

• Mothers and those who adopt children will be eligible to receive Statutory Maternity Pay / Statutory Adoption Pay for 9 months instead of the current 6 months.

• "Keeping In Touch Days" will be introduced to allow mothers and those who adopt children to work for up to 10 days during their maternity / adoption leave without the risk of losing their entitlement to statutory pay or ending their leave.

• Statutory Maternity Pay and Maternity Allowance periods will be able to start on any day of the week in accordance with the date the employee gives her notice.

• The notice to return to work by those on maternity/adoption leave is to be extended from 28 days to 8 weeks.

• The employer's entitlement to make reasonable contact with employees on maternity / adoption leave to help plan the employee's return to work will be clarified.

• Those defined as ‘Carers’ within the Regulations with qualifying service of 26 weeks will be entitled to request flexible working arrangements under the Flexible Working
(Eligibility, Complaints and Remedies) (Amendment) Regulations 2006.

• Working fathers with qualifying service will also be entitled to additional paternity leave, over and above the current 2 weeks, by the mother transferring unused maternity leave to the father if the mother of their child returns to work after six months, but before the end, of her maternity leave entitlement. Up to 3 months of additional paternity leave will be paid with the remainder being unpaid. Additional paternity leave will only be able to be taken by the father if the mother has returned to work.

All of the above provisions will take effect in relation to employees whose expected week of childbirth (or expected date of adoption) is on or after 1st April 2007. If you would like further guidance on any of the above legislative changes, please contact the Support Line.