Maternity Matters Summer 2008

• Citi rolls out innovative Maternity Matters programme
• Fathers’ experiences of paternity in an organisational context
• A Change in Additional Maternity Leave Rights
• Update on the Flexible Working Review

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A Change in Additional Maternity Leave Rights

Here is a summary of important changes in rights during Additional Maternity Leave, contributed by Esther Smith, Partner at Thomas Eggar LLP www.thomaseggar.com

Esther Smith’s article below highlights a little-discussed change in legislation meaning that, for women giving birth from October 2008, most contractual rights will continue into Additional Maternity Leave, not only Ordinary Maternity Leave

On 6 April 2008 the Sex Discrimination Act 1975 (Amendment) Regulations 2008 (the “Regulations”) came into force bringing the Sex Discrimination Act 1975 in line with the Equal Treatment Directive (76/207/EEC). The move comes after the High Court ruled that the distinction between the benefits women could preserve during Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML) were not adequate to comply with EU law (1).

One of the main changes implemented by the Regulations is the distinction between OML and AML will cease in relation to a claim for pregnancy or maternity discrimination. However this right will only be available to those employees whose Expected Week of Confinement (EWC) starts on or after 5 October 2008.

Although the Maternity and Paternity Leave Regulations 1999 (MPL) (which currently sets out those benefits women are entitled to enforce during OML and AML) have not yet been updated, the Government proposes such update will be made to take effect from 1 October 2008. Once in force, women (again whose EWC is on or after 5 October 2008) will be entitled to enforce their right to benefit from the terms and conditions which would apply to them if they were at work except, as before, remuneration of wages or salary. For AML this will now include things such as health club membership, company car use, pensions and so on. Previously women on AML only enjoyed the benefit of terms such as the implied obligations of trust and confidence.

Following the changes detailed above there will no longer be a distinction between OML and AML in the future, with one possible exception. Currently women on OML have the right to return to the same job in which they were employed before their absence. Women on AML however have the same right but, if this is not practicable, they have the right to return to another job which is both suitable and appropriate in the circumstances. It is not yet clear if the Regulations will specifically amend the AML rights on this point in line with OML and we wait to see whether the MPL will be drafted to cover this point.

(1). Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] IRLR 327 (Admin)