New regulations will alter rights on maternity leave

New regulations are to come into force this Sunday (5 October), removing almost entirely the different terms of employment on ‘ordinary’ and ‘additional’ maternity and adoption leave.

First published on 30 July, the Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008 will bring about changes relating to removing distinctions – relating in particular to non-paid employment rights – from between certain employees.

The changes will affect women whose expected week of childbirth begins on or after Sunday, as well as employees whose child is expected to be placed with them for adoption on or after that date.

The amended regulations will provide that an employee taking additional maternity leave (AML) – that is, a second 26 weeks of absence – will now be entitled to the same terms and conditions of employment as had she just taken an initial 26 weeks’ leave of ordinary maternity leave (OML).

The new legislation will mean that both employees taking AML and OML are now entitled to the benefit of all the terms and conditions of employment which would have applied had they not been absent.

When returning to work after OML, employees are entitled to return to the same job they held prior to maternity leave, on their old terms and conditions. However, where an employee returns from AML, the employer must make all attempts to return the worker to the same job held prior to maternity leave – and if this is not reasonably practicable, a suitable job must be offered by the employer on similar terms and conditions.

Seniority, pension and similar rights of an employee returning from AML leave, like those of an employee returning from OML, will be unaffected by her absence.