From 5 October women expecting a baby, or employees expecting a child to be placed with them for adoption, will be able to benefit from their normal terms and conditions of employment, apart from pay, throughout their maternity or adoption leave. Before this change in the law, entitlement existed only during the first 26 weeks of leave (‘ordinary’ leave) with more limited terms and conditions during the second 26 weeks (‘additional’ leave).
The minister urged employers to look at their policies before these changes commence. He said: “These changes will require companies to review their internal policies to ensure that all normal terms and conditions continue for the full period of leave.
“By removing a key difference between the first 26 weeks of maternity or adoption leave and the second 26 weeks, we are making the system more straightforward and beneficial for those caring for children. If company policies currently make a distinction between the non-pay benefits available to a new mother or adopter during their ordinary and additional leave, these will need to be removed before this legislation comes into force.”
Revised guidance on maternity and adoption leave is available from the Department for Employment and Learning.
Notes to Editors:
- The change in the law follows a legal challenge in Great Britain by the then Equal Opportunities Commission which resulted in a High Court judgement that existing leave entitlements should be revised. Northern Ireland laws for working parents are the same as those in Great Britain and also required revision.
- These terms and conditions can include access to a company car; provision of private medical cover and annual leave accrual.
- Regulations are currently being drafted and will apply to employed women whose expected week of childbirth falls on or after 5 October 2008 and employees where the expected week of placement of a child with them for adoption falls on or after that date. The changes to maternity leave clarify the law following amendments already made by the Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 159) –
- Log on to to
www.opsi.gov.uk/sr/sr2008/pdf/nisr_20080159_en.pdf. to view the document - Revised guidance on maternity leave can be found in the Department for Employment and Learning’s booklet, ‘Maternity Rights: A guide for employers and employees (ER 16)’. Revised guidance on adoption leave can be found in the Department’s booklet ‘Adoptive Parents: A guide for employers and employees (ER 35)’. Booklets are available for download from www.delni.gov.uk/erbookletsor in hard copy upon request from the Department.
- Media enquiries to Department for Employment and Learning Press Office on 028 9025 7872.
- Out of office hours, please contact the Duty Press Officer via pager, number 07699 715440.
