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.
XpertHR guidance
- Amended
documents on holiday and maternity/adoption leave XpertHR provides amended
model documents on holiday entitlement during maternity and adoption leave
that take account of changes to the law that 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.
- Review your
adoption documents prior to 5 October XpertHR provides amended model
adoption documents taking account of changes to the law that apply to
employees with a child expected to be placed with them for adoption on or
after 5 October 2008.
- Changes to maternity rights: overview; case study 1; case study 2; frequently asked questions Lewis Silkin provides a series of articles on changes to maternity rights.
- Company maternity policy (employees with an expected week of childbirth beginning on or after 5 October 2008) From XpertHR's policies and documents service.
- Sex discrimination: pregnancy
and maternity From XpertHR's employment law reference manual.
- Changes
to sex discrimination laws XpertHR rounds up the changes introduced
by the Sex Discrimination Act 1975 (Amendment) Regulations 2008.
- SDA amendment published Equal Opportunities Review reports.
Government guidance and documents
- Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008 and Maternity and Parental Leave etc and the Paternity and
Adoption Leave (Amendment) Regulations (Northern Ireland) 2008 The Regulations can be viewed on the OPSI website.
- Sex Discrimination Act 1975 (Amendment)
Regulations 2008 and Explanatory notes (PDF format, 212K) Read the
Regulations and explanatory notes in full on the OPSI website.
- Factsheet: Sex Discrimination Act 1975 (Amendment) Regulations 2008 (Microsoft Word format, 169K) The Women and Equality Unit website provides guidance on the amendments.