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Law changes
April 2007 saw the introduction of the latest ‘family friendly’ rules and regulations. They have amended the previous rules regarding statutory maternity and adoption leave and statutory maternity and adoption pay. The new rules also extend the right to request flexible working to carers of adults.
Maternity/adoption leave
The following rules relating to statutory maternity and adoption leave will apply to women whose expected week of childbirth or to the elected parent of a child whose expected week of placement is on or after 1 April 2007:
- • An automatic entitlement to 26 weeks’ additional maternity leave
• An increase in the notice required for an early return to work from 28 days to eight weeks
• Optional ‘keeping in touch’ days enabling a parent to work for up to ten days without disrupting the leave
• The right for an employer to make ‘reasonable contact’ with an employee during the leave period
• An end to the exemption that limits the right of employees to return from additional maternity/adoption leave if their employer has five employees or less.
The inclusion of the right to make reasonable contact with an employee during their leave period is to enable an employer to contact an absent employee, for example to inform them of any changes within the business, to enquire about their health or that of the child, etc. without, as has happened in the past, the employer being accused of ‘harassing’ the employee.
Maternity/adoption pay
The Governments ultimate intention is to increase statutory maternity pay (SMP) and statutory adoption pay (SAP) to 52 weeks “within the life of the current parliament”. In the interim, for women whose expected week of childbirth or for the elected parent whose child’s expected week of placement is on or after 1 April 2007, the following rules will apply:
- • An increase in SMP to 39 weeks (6 weeks at the earnings related rate and 33 weeks at the basic rate)
• An increase in SAP to 39 weeks, all at the basic rate
• An any-day start period for SMP, in line with the current SAP rules
• Payment for ‘keeping in touch’ days without disrupting any on-going payment of SMP/SAP
Although an any-day start period for SMP will be permitted, SMP (and SAP) will still only be payable for whole weeks comprising of seven days. The intention of this change is to make it easier for employers to align the SMP/SAP week with their normal week. For example, an employer that has a Sunday to Saturday pay week and an employee who starts maternity or adoption leave on a Thursday can pay the employee 3/7ths of a week’s SMP/SAP (for Thursday, Friday and Saturday) and then pay a whole weeks of SMP/SAP covering Sunday to Saturday. However, the last SMP/SAP payment must be 4/7ths of a week’s SMP to comply with the ‘whole week’s’ rule.
Any period of work on a ‘keeping in touch’ day (already abbreviated to ‘KIT’ day by HM Revenue & Customs) will count as a whole day’s work and cannot be taken in, for example, 20 half days. In addition, any earnings from a KIT day will have to be offset against the SMP/SAP due for that week – it will not be payable in addition to SMP/SAP. This may result in employees being reluctant to agree to use KIT days during weeks when they are receiving SMP/SAP.
Flexible working
The right to request flexible working, previously only available to the carer of a child under age six or a disabled child under age 18, will be extended to carers of adults.
A ‘carer’ will include a spouse, a partner or civil partner, a near relative (including a parent, parent-in-law, guardian, adult son or daughter, adult son-in-law or daughter-in-law, sibling, sibling-in-law, half-sibling, uncle, aunt, grandparent and the equivalent adoptive relatives and step-relatives), or someone who lives as part of the family at the same address.
This right, often referred to as ‘the right to flexible working’ is, however, only a right to request flexible working. The right is for an employee to request a permanent variation to their contract in relation to:
- • The hours they are required to work
• The time when they are required to work
• The place where they are required to work (i.e. from home or at any place of business of the employer)
The service qualification will remain at 26 weeks continuous service and employees will only be able to make one request to have their contract varied in any 12-month period. There are strict rules for making a request and, more importantly for employers, limited statutory grounds for refusing a request.
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