Draft Regulations amending maternity and adoption leave provisions published

The Government has published draft Regulations amending the provisions in relation to statutory maternity and adoption leave.

The amendments affect the Maternity and Parental Leave etc Regulations 1999 and the Paternity and Adoption Leave Regulations 2002 in relation 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. 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.

Under the new provisions, employees taking 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 seniority, pension rights and similar rights of employees returning from additional maternity or adoption leave are now unaffected by their absence in the same way as the rights of those returning from ordinary leave.

Rights under pension schemes governed by the Social Security Act 1989 are not affected by the amendments.

Also

Pregnancy and maternity rights and Paternity and adoption rights The XpertHR employment law manual sets out employees' rights in relation to maternity and adoption leave.