Get to grips with maternity changes, warns law firm

A law firm has warned employers about new maternity legislation which came into effect this week.

The new regulations, which came into effect on Sunday, mean workers now have the same rights and obligations during Additional Maternity Leave (AML) or Additional Adoption Leave (AAL) as those which currently apply during Ordinary Maternity Leave (OML) or Ordinary Adoption Leave (OAL).

Law firm Mace & Jones said many businesses had not yet responded to the amendments to the Maternity and Parental Leave and the Paternity and Adoption Leave (Amendment) Regulations 2008.

The legislation will also affect the seniority rights of employees returning from AML and AAL, making them the same as those returning from OML and OAL.

Mark Hatfield, employment law partner at the firm, said employers could face court if they fail to implement the changes.

“Employers who remove benefits during AML such as gym membership, health insurance, mobile phones or company cars may be faced with discrimination claims,” he said.

“It is essential employers carefully consider the changes to these regulations, in order to avoid the risk of discriminating and timely and costly legal battles with employees.”

He added that the impact of the changes on pension rights and salary sacrifice schemes is ‘far from clear’, and recommended employers watch for the outcome of the initial claims which will ‘inevitably’ follow the changes.

© Crimson Business Ltd. 2008