Scottish Borders Local Association

Maternity, Paternity & Adoption Leave

Under the Employment Act 2002 changes have been made to existing statutory provisions and certain new provisions have been enacted...

Maternity Leave

From 6 April 2003 ordinary maternity leave will be extended to 26 weeks (from 18 weeks). There is also an entitlement to additional maternity leave of a further 26 weeks commencing the day after ordinary maternity leave. Employees regardless of length of service will be entitled to 26 weeks ordinary maternity pay. The qualifying period for additional maternity leave will be harmonised in that a qualifying period of 26 weeks of service prior to the 15th week before the expected week of confinement (EWC) is required. Certain notification arrangements have also been amended.

Paternity Leave

From 6 April 2003, any employee (male or female) will be entitled to paternity leave as long as they have 26 weeks of continuous service by the end of the 15th week before EWC. This leave is not restricted to the biological father of the child. Entitlement is for a period of 2 weeks and must be taken within 56 days of either the birth of the child or the first day of EWC, whichever is the latest. (Leave can be taken in two periods of one week.) Leave to permit an employee to be with the mother during labour is already covered by Section 57A of the Employment Rights Act 1996. Entitlement to Statutory Paternity Pay (SPP) mirrors the qualifications required to be entitled to Statutory Paternity Leave and should amount to £100 per week or 90% of your average weekly earnings, whichever is the lower.

Adoption Leave

The new provisions for adoption leave will mirror, as closely as possible, the provisions for maternity leave. These will include ordinary and additional adoption leave to all employees who satisfy the qualifying period of 26 weeks of continuous service ending with the week in which they have been matched with a child for the purposes of adoption. Ordinary adoption leave will be for a period of 26 weeks commencing either. on the date on the child was placed with the adopter. or not more than 14 days before the expected date of placement.

Additional adoption leave of 26 weeks starting with the last day of the ordinary period is also available. There is no additional qualifying period other than the initial 26 weeks before the matching week Entitlement to statutory adoption pay (SAP) is dependent on the employee, having a child placed for adoption under UK law, having 26 weeks of continuous service prior to the matching week, having normal weekly earnings above the current lower earnings limit (£75) and having elected not to receive SPR SAP will be the lower of £100 or 90% of normal weekly earnings and will be paid for the 26 weeks of the ordinary adoption leave period.

Flexible Working

From April 2003 employers will be under a legal duty to give serious consideration to applications for flexible working patterns from parents of children under 6 years of age or a disabled child under 18 years of age. Any employee who satisfies the eligibility criteria can apply for a permanent change to their conditions of employment covering: working hours, the times they work, where they work and other aspects of terms and conditions specified in the regulations. Certain time limits are included in relation to the formal application procedure and the grounds for refusal. Following the conclusion of the employer's appeal process, an application to an Employment Tribunal is possible.
 

source: SEJ April 2003 (and May 2003)
 

Return to main page.