More new law

This article will be very interesting to some people and as dull as ditch water to others. Which camp you fall into probably depends on whether you, or anybody close to you, is affected by the changes in the law that the Work and Families Act 2006 will introduce.

The main beneficiaries of the changes are pregnant women. However, there are some winners and losers. If a woman is pregnant and her expected week of childbirth is before the 1 April 2007, she will be entitled to the current entitlement of 26 weeks’ statutory maternity pay or maternity allowance. If, on the other hand, the baby is due on or after 1 April 2007, she will be entitled to 39 weeks’ statutory maternity pay or maternity allowance. This will increase again as maternity pay will go up to 52 weeks during the life of this Parliament.

Currently all pregnant employees are entitled to 26 weeks’ ordinary maternity leave. Only employees who have worked for their employer for at least 26 weeks by the start of the 14th week before the baby is due are entitled to an additional 26 weeks’ leave, known as Additional Maternity Leave.

If your baby is due before 1 April 2007, this is the law that applies to you. If the baby is due on or after 1 April, you will be entitled to up to 12 months off (so ordinary and additional maternity leave combined), no matter how long you have been employed.

However, after 1 April 2007, when you want to return from additional maternity leave, you will have to give your employer 8 weeks’ notice rather than the current 28 days.

On a practical level, the introduction of Keeping in Touch (KIT) days is potentially a very good idea. If both parties agree, women on maternity or adoption leave can return to work during their leave for up to ten days without losing their rights to maternity pay or leave. Employees cannot be forced or bullied into working KIT days. On the other hand, employers will be entitled to make “reasonable contact” with employees on maternity leave. This is an improvement over the current system where employers are often stuck between a rock and a hard place; if they do contact a woman on maternity leave, it’s harassing her, and if they don’t, it’s because they don’t care!

On 6 April 2007, employees who care for adults will be able to request flexible working. At present only parents of children under the age of six can request flexible working.

For the time being, the advice for all employers and all women who are either pregnant or thinking about having a baby, is make sure you know exactly what the law is now, as well as exactly what it will be after April of next year.