Maternity, Paternity and Adoption - Employment Law News Spring 2003

01 April 2003

The Employment Act 2002 paved the way for a significant extension of rights in this area, as a much heralded part of the Government's introduction of family-friendly policies in the workplace. Now that subsequent regulation has developed the detail of these new and extended rights, employers will be keen to check that the HR processes they have in place are adequate to ensure compliance. Here is a brief update on some of the rights coming into effect from 6th April 2003.

Maternity

Ordinary maternity leave will be extended from 18 to 26 weeks for women with an expected week of childbirth on or after 6 April 2003. There will be no qualifying service requirement for entitlement to ordinary maternity leave.

Employees with 26 weeks of continuous employment by the 15th week before the expected week of childbirth will be entitled to a further 26 weeks of "additional maternity leave" at the end of their 26 weeks ordinary maternity leave.

Statutory Maternity Pay (SMP), where relevant, will become payable for a period of 26 weeks, in line with the extended period of ordinary maternity leave. Standard rate SMP increases to £100 per week (or 90% of the woman's average weekly earnings if less than £100 per week).

Paternity

An employee whose wife/partner is expecting a baby on or after 6 April 2003 will have new paternity leave and paternity pay entitlements.

Leave of either one week or two consecutive weeks can be taken, within a 56 day period after the baby's birth.

During the period of leave, contractual terms of employment will continue to apply, except for remuneration. However, Statutory Paternity Pay (SPP) will be due during the leave period, at the same rate as standard rate SMP.

Eligibility will be restricted to those who

1. Have worked continuously for their employers for 26 weeks leading into the 15th week before their baby is due
2. Are the biological father, or the mother's husband or partner and
3. Have or expect to have responsibility for the baby's upbringing

Adoption

Analogous rights are being granted to adoptive parents and their partners. Up to 52 weeks' adoption leave (26 ordinary and 26 additional) will be available to an employee who is matched with a child for adoption (and who at the time has 26 weeks' continuous employment).

Statutory Adoption Pay will be payable during ordinary adoption leave at the same rate as standard rate SMP.

Where a couple adopt jointly, only one can benefit from adoption leave and pay. The other, and indeed the partner of someone adopting individually, may be able to claim paternity leave and pay from his/her employer, on similar eligibility criteria to those applying for paternity leave/pay on birth.

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