Most employers will be aware that the law on maternity rights has changed again. Since 6 April a woman bringing a sex discrimination claim on grounds of pregnancy, or for exercising the right to maternity leave, no longer needs to show that she was treated less favourably than she would have been treated had she not been pregnant or taken maternity leave. The need for a comparator is removed. However, of more practical significance for employers is the imminent change (taking effect where the expected week of childbirth begins on or after 5 October 2008) to rights during additional maternity leave. Affected employees will be entitled to the benefit of their non-remuneration terms during additional maternity leave as well as during ordinary maternity leave. See the latest series of XpertHR’s Topic of the Week (subscription required) for an overview, case studies and FAQs on the changes.
When it comes to maternity rights it is important not to be too distracted by the changes and to remember also the basics. So here is a reminder of some of those crucial facts, with some significant maternity numbers:
0 - No service is needed to qualify for maternity leave.
1 - Maternity leave may last for one year. Only one entitlement to maternity leave and pay applies for multiple births.
2 - Compulsory maternity leave after the birth is two weeks.
4 - Any maternity-related absence in the four weeks before the expected week of childbirth (EWC) will automatically trigger maternity leave and pay.
6 - The higher rate of statutory maternity pay (SMP) is paid for six weeks.
8 - Employees who wish to return from maternity leave early must give at least eight weeks’ notice. Earnings during the eight weeks prior to the end of the qualifying week are taken into account to establish eligibility for SMP and the amount of the higher rate of SMP.
10 - The maximum number of keeping-in-touch days is 10.
11 - Maternity leave can start no earlier than 11 weeks before the EWC, unless the baby is born early.
15 - The qualifying week for SMP purposes is the 15th week before the EWC.
26 - Ordinary maternity leave and additional maternity leave are both 26 weeks. The length of continuous service needed to qualify for SMP is 26 weeks into the qualifying week.
39 - SMP is payable for 39 weeks.
52 - Ordinary and additional maternity leave total 52 weeks. SMP is expected to increase to 52 weeks for babies due from April 2010.
See Pregnancy and maternity rights (subscription required) and Pay for employees not at work (subscription required) in the XpertHR employment law manual for more details on maternity leave and pay.
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