Equal Opportunities
Maternity Rights and Other Changes Under the Work and Families Act 2006
22 September 2006
The first set of changes in parental rights and other matters as a result of the Work and Families Act 2006 have now been legally enacted.
Changes to the rules affecting working during pregnancy, maternity leave, maternity pay, and return to work, for parents whose expected week of childbirth begins on or after 1st April 2007 or in respect of adoption where for workers with whom a child is expected to be placed for adoption, where the placement is expected to occur on or after 1st April 2007.
For all pregnant women
- All will be entitled to both 26 weeks ordinary maternity and, if they want, a further 26 weeks additional maternity leave regardless of length of service,
- The payment period for Statutory Maternity Pay (SMP) and Maternity Allowance (MA) will be extended to 39 weeks,
- The notice a woman must give if she is changing her date of return from maternity leave will be increased from 28 days to 8 weeks,
- Optional keeping in touch days will be introduced enabling a woman to work for up to 10 days during her maternity leave period without losing their entitlement to SMP or MA.
The women who will be affected by these changes may already be pregnant.
Adoption Changes
- The adoption pay equivalent of Statutory Maternity Pay will also be extended to 39 weeks from April 1 2007.
Other Planned Changes
The Government has announced:
- That the right to apply for flexible working can be extended to carers of adults. This is due in April 2007 but the detailed provisions have not been published yet.
- That they intend to move to a full year Statutory Maternity Pay by the end of this Parliament.
- That when they introduce the full year payment of SMP the partner of the person entitled to the full year will be eligible for up to 26 weeks paternity leave and pay if their partner surrenders some of their entitlement to them.
- That the statutory right (under the Working Time Directive of the European Union) to 20 days holiday with pay will be extended to 28 days (5.6 weeks) in two phases. The consultation proposes bringing this in two stages; 24 days from 1 October 2007 and the other four days at a further date to be announced.
The improved elements in these changes are largely brought in as the result of the CWU and other unions work in the Labour Party to include a number of commitments in the 2005 General Election manifesto.