Amendments to law on terms and conditions of employment during maternity and adoption leave

Employees on additional maternity or adoption leave are entitled, like employees taking ordinary leave, to the benefit of all the non-remuneration terms and conditions of employment that would have applied if they had not been absent. The amendments apply to employees with an expected week of childbirth on or after 5 October 2008, and those with a child expected to be placed with them for adoption on or after this date.

The amendments affect the Maternity and Parental Leave etc Regulations 1999 and the Paternity and Adoption Leave Regulations 2002. They were necessitated by changes to the Sex Discrimination Act 1975 that came into force on 6 April 2008 and amended the exceptions to the right to claim discrimination in relation to terms and conditions during maternity leave.

Corresponding changes are made in relation to adoption leave so that the adoption leave regime is consistent with the maternity leave regime.

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