Benefits to be extended to additional maternity leave
| Published: 21st April 2008 15:14 |
The reviewed Sex Discrimination Regulations, as already mentioned in the above report (‘Employers liable for third-party harassment'), have also brought significant changes to the laws which currently govern maternity rights.
Namely, an employee with an expected week of childbirth falling on or after 5th October 2008 will be entitled to the same benefits during additional maternity leave (AML) as she is entitled to receive during ordinary maternity leave (OML).
This means that any benefits (with the exception of pensions) which the employer provides to the employee during the first 39 weeks of leave must continue for the remainder of the leave period up to a minimum of 52 weeks. For example, if the employee has personal use of a company car, she must be allowed to keep it for the entire maternity leave period.
Although the women affected by these new rules will not start their period of AML until early next year, an employer must review their company maternity policy in the coming weeks in order to be able to discuss the employee's full entitlement with her before OML starts, which could be as early as July this year.
In addition, the amended Regulations also clarify that an employee is entitled to receive bonus payments in respect of the period of compulsory maternity leave (the two weeks immediately following the birth - four weeks for factory workers).
©2008 hancocks solicitors|15 Wheeler Gate| Nottingham | NG1 2NA |
T: 0115 852 4725 | F: 0115 852 4001
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