Employment Law Update (September 2009)
Brown backtracks on new Maternity and Paternity rights
In a long-awaited announcement, Gordon Brown has announced at
the TUC conference that the Government will delay its proposed
extension of maternity pay and the facility for mothers to transfer
part of their maternity leave to fathers until after the general
election. The announcement effectively means there is no fixed
timescale for the introduction of the new rights, and, depending on
the outcome of the general election, they may not happen at
all.
What were the proposals?
The proposals have been around since the Work and Families Act
became law in 2006. However, the Act left the details of the scheme
and the introduction date up in the air, to be introduced when the
Government felt appropriate. It had previously been expected they
would come into force in April 2010.
The original proposals were:
- Paid Maternity Leave to be extended from nine months to one
year;
- Mothers able to transfer part of their Maternity Leave to the
father to take as Paternity Leave.
What's the law now?
- All mothers qualify for one year's Maternity Leave;
- Subject to qualifying conditions, 9 months of the Maternity
Leave is paid at Statutory Maternity Pay rates;
- Fathers qualify for two weeks' paid Paternity Leave at
Statutory Paternity Pay rates.
What is likely to change and when?
The Government's proposals are that:
- Paid Maternity Leave to be extended from nine months to one
year – this proposal has been delayed indefinitely;
- Mothers able to transfer up to six months' of their Maternity
Leave to the father (including three months' paid leave) to take as
Paternity Leave – delayed until April 2011.
Because a general election must be held by June 2010 at the
latest, it is impossible to say whether the paternity leave
proposals will go ahead at all, but the government has said it
wants to pass the new legislation by April 2010. If this happens,
it would be practically and politically difficult for any new
incoming government to repeal.
As the legislation progresses, Mentor will keep you informed of
developments and will provide appropriate updates to policies and
procedures where necessary.