Maternity and adoption leave changes

There have been some small but significant changes to maternity law, particularly relating to maternity leave and adoption leave which came into force in October 2008.

The main points are that anyone on maternity or adoption leave after the 5th October 2008 are entitled to the same rights as someone on ordinary maternity leave.

All pre-existing terms and conditions continue to apply including pension entitlements and accrual of holiday pay.  Holiday entitlement can be taken when the employee returns to work. However normal remuneration is excluded.

Employers should continue paying the same rate of pension based on normal salary levels.

Pension benefits are now considered to be remuneration.  If an employee is on paid maternity leave then pension continues to be paid. 

It is worth noting that under the sex Discrimination Act, it is unlawful to deprive a woman on maternity leave her normal benefits.  Pensions of people on adoption leave are treated in the same way.

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

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