Further maternity changes

Employees whose expected week of confinement (EWC) is on or after 1 April 2007 will have the following rights on their maternity pay and leave:

1. All those qualifying for Statutory Maternity Pay (SMP) will receive 9 months (39 weeks), previously 6 months (26 weeks) maternity pay, consisting of 6 weeks’ pay @ 90% of average weekly earnings, followed by 33 weeks SMP (previously 26 weeks) at the lower rate. Eligibility for qualifying for SMP remains as before.

2. Service qualification for additional maternity leave (AML) has been removed; therefore all employees will be entitled to 12 months’ maternity leave.

3. The introduction of KIT days (Keep In Touch days) is being undertaken, although not compulsory. The employee, with agreement, will be able to carry out 10 days’ work without her maternity leave period coming to an end. A KIT day includes training or a work related activity, but the employer cannot insist they attend a meeting, it must be an agreement. Caution should be taken, as regardless of how long they spend on the KIT day, it counts as a day – you cannot change the rules, to say 20 half days. SMP therefore continues – there is no break and whether the employer wishes to make an additional payment in this instance is entirely up to them.

4. An employee can change her mind about her return to work date, as long as she gives 8 weeks notice to her employer; previously this was 28 days.

5. SMP will be able to start on any day of the week rather than the first Sunday after the maternity leave starts.

6. Allowing the weekly rate of SMP to be divided by 7 so that it is easier for the weekly SMP payments to be aligned with the particular pay practice in the employment.

The above changes also apply to statutory adoption pay, with point 6 above applying to paternity pay as well.

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