Family

first Last month, new maternity and paternity rights came into force in the UK. Danielle Kingdon, employment partner at law firm Osborne Clarke, details those changes After extensive consultation, the Government has introduced a host of new family-friendly rights. These include the extension of existing maternity leave rights, introduction of paternity leave rights and new rights for adoptive parents. These new measures are part and parcel of the Government's drive and commitment to ensure that there is a balance between the competing needs of an employee's family and business life. New maternity rights New rules state that all mothers are now entitled to 26 weeks ordinary maternity leave, irrespective of length of service or hours of work. For those employees with 26 weeks' continuous service at the 15th week before the expected birth of the child, a further 26 weeks leave (additional maternity leave) is now available. This is usually unpaid, but an employee may have contractual rights to pay (and/or certain benefits) during this period. This means that some employees may be entitled to a full year's maternity leave: 26 weeks' paid maternity leave and a further 26 weeks' unpaid leave. Statutory maternity pay Those mothers who have 26 weeks' continuous service on or before the 15th week before the expected week of childbirth, will be entitled to statutory maternity pay during their ordinary maternity leave. However, there is no right to receive statutory maternity pay during any additional maternity leave. The employee will be entitled to be paid 90% of her average weekly earnings for the first six weeks of her leave. The remaining 20 weeks will be paid at either 90% of her average weekly earnings or the statutory flat rate (which currently is £100 per week), whichever is the lower. It may be that the employee has contractual rights (both in relation to leave and pay) that are more favourable than her statutory rights, if so, these will prevail over her statutory rights. Notification of leave Employees have to notify their employer 15 weeks before the expected week of childbirth (unless this is not reasonably practicable) of their intention to take maternity leave. The employee must notify her employer: l of her pregnancy

of the week her baby is expected to be born

when she wants her maternity leave to start. An employee may vary the date she would like her maternity leave to start by giving her employer 28 days' notice. Maternity leave rights If an employee intends to return to work after her ordinary maternity leave (or additional maternity leave, if eligible), she does not have to give notice of her return. However, if she intends to come back before the end of her maternity leave period, she must give the employer 28 days' notice. Employees are entitled to return from ordinary maternity leave to the job they were in before their absence. The situation is slightly different for those employees returning from an additional maternity leave or consecutive periods of ordinary maternity leave. These employees are entitled to return to the job they were in before they left, but, if that is not reasonably practicable, they may instead be offered another job that is appropriate for them to do in the circumstances. Recovery of contributions Employers will, in most cases, be able to recover up to 92% of the amount they pay by way of statutory maternity pay. Small employers, however, can recover 100%, plus an additional payment to compensate the employer for the employer's portion of National Insurance contributions paid on statutory maternity pay. For this purpose, a "small employer" is an employer whose contributions payments for the qualifying tax year do not exceed £40,000. It is also possible for employers to apply for advance funding for the payment of statutory maternity pay. Paternity leave To qualify for paternity leave, employees must:

have been continuously employed for at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of childbirth

be either the biological father or the mother's husband or partner (and this could include lesbian partners); and have, or expect to have, responsibility for the upbringing of the child. Eligible employees will be entitled to a single block of one week or two consecutive weeks (not odd days). Leave must be taken within eight weeks of the birth of the child. This right is in addition to the 13 weeks' unpaid parental leave available to parents with one year's continuous service. Most employees will be eligible for statutory paternity pay. The rate is the same as the standard rate of statutory maternity pay ­ ie, 90% of average weekly earnings or the statutory flat rate (£100), whichever is the lower. Employees must inform their employer of:

the expected week of the child's birth

the length of time to be taken off (ie, one week or two consecutive weeks)

the date on which leave is to begin. As with maternity leave, the employee must notify the employer 15 weeks before the expected week of childbirth, unless this is not reasonably practicable. Employees can change the date they wish their leave to begin by giving the employer 28 days' notice. Paternity leave rights Employees' normal terms and conditions of employment (except in relation to wages and salary) will apply throughout any paternity leave period. Most employees will be eligible to receive statutory paternity pay, but they could also have an enhanced contractual entitlement to paternity leave. In such circumstances, the employee may then take advantage of whichever is the most favourable. The employee will be entitled to take up exactly the same job on returning from paternity leave. He will also be protected from suffering unfair treatment or dismissal for taking or seeking to take paternity leave. Employers can recover contributions in the same way as for statutory maternity pay. n Article written in association with Leanne Cole, Osborne Clarke