Warning to employers as maternity rights extended

Published: 9th October 2008

Leading North West law firm Mace & Jones is warning employers of important new changes to maternity law.

Mace & Jones employment law partner Mark Hatfield said employees whose expected week of childbirth, or date of adoption, falls on, or after October 5 2008 will be affected by amendments to the Maternity and Parental Leave and the Paternity and Adoption Leave (Amendment) Regulations 2008.

The new legislation will result in employees enjoying the same rights and obligations during Additional Maternity Leave "AML" and Additional Adoption Leave "AAL" as those which currently apply during Ordinary Maternity Leave "OML" and Ordinary Adoption Leave "OAL".

Mark said failure to adhere to these new regulations could result in a discrimination claim.

"Employers who remove benefits during AML such as gym membership, health insurance, mobile phones or company cars may be faced with discrimination claims," Mark said. "It is essential that employers carefully consider the changes to these regulations, in order to avoid the risk of discriminating and timely and costly legal battles with employees."

This new legislation will also affect seniority rights of employees returning from AML and AAL, making them the same as those returning from OML and OAL. The impact of the changes on pension rights and salary sacrifice schemes is far from clear and is the subject of much debate, meaning employers will need to watch for the outcome of the initial claims which will inevitably follow the changes, to ensure that they are complying with the law.

For further information on this issue or any other employment issue, please contact mark.hatfield@maceandjones.co.uk or call any member of the Mace & Jones employment law teams in Manchester: 0161 214 0500; Liverpool: 0151 236 8989; Knutsford: 01565 634234