How much leave - increase in allowance - partner time off - adoption rights - flexible working time

Who will get the new rights?

You will qualify for the new maternity and paternity rights if your baby is DUE on or after 6 April 2003. The due date is the date your midwife puts on your MATB1 maternity certificate, which you will get from approximately 20 weeks. As long as your due date is on or after 6 April 2003 you will be entitled to the new rights even if your baby is born early. Unfortunately, if your baby is due on the 5^th April 2003 and is born late, you still cannot get the new rights but are entitled to the rights under the present system. For more information on maternity rights for babies due up to 5 April 2003, please send £1.50 and an SAE for our leaflet Pregnant at work 2001/2.

For details of our leaflets on the new rights, please see below.

Changes to maternity leave and pay for babies due on or after 6 April 2003

How much maternity leave will I be able to take?

All pregnant employees will be able to take 26 weeks Ordinary Maternity Leave (OML). You can take OML regardless of how long you have worked for your employer and how many hours you work.

If you have worked for your employer for 26 weeks by the 15^th week before your baby is due you can also take a further 26 weeks Additional Maternity Leave (AML). AML is unpaid leave and starts at the end of OML, giving women who qualify for it up to one year off.

Will there be an increase in maternity pay?

Yes, Statutory Maternity Pay (SMP) will be paid for 26 weeks. SMP will be paid at 90% of your average earnings for 6 weeks and £100 per week  (or 90% of average weekly earnings if this is less) for 20 weeks. To qualify for SMP you will need to have worked for your employer for 26 weeks by the 15th week before your baby is due and earn over the National Insurance Lower Earnings Limit (currently £75).

If you do not qualify for SMP, for example, because your earnings are too low, you can claim Maternity Allowance from the Benefits Agency. Maternity Allowance will be paid at the flat rate of £100 per week  (or 90% of average weekly earnings if this is less) for 26 weeks.

Note: You do not have to repay SMP or Maternity Allowance if you decide not to return to work.

Are there any changes to the notice requirements for maternity leave and pay?

Yes, you must notify your employer of your pregnancy and the date you intend to start your maternity leave in the 15th week before your baby is due. Your employer must reply within 4 weeks of notification giving you information on your entitlement.

You must also give your employer 28 days notice of the date you wish your employer to start paying your SMP. Note: SMP can only start on a Sunday and will normally be the Sunday after you start your maternity leave.

If you wish to change the date you want to start your maternity leave or you decide to return to work early you must give your employer 28 days notice.

Can my partner have any paid leave time off?

Yes, two weeks paid paternity leave is being introduced for the first time for fathers of babies due on or after 6 April 2003. Statutory Paternity Pay (SPP) will be paid at a flat rate of £100 per week (or 90% of average weekly earnings if this is less) for two weeks. Paternity leave can be taken from the date of birth or up to eight weeks from the birth. To qualify for SPP, your partner will need to have worked for his employer for 26 weeks by the 15^th week before the baby is due and earn more than the Lower Earnings Limit (currently £75). He must also give his employer notice of the date he wants to start paternity leave in the 15^th week before the baby is due.

Note: there is already a right for both parents to take up to 13 weeks unpaid parental leave per parent per child. You must have worked for your employer for one year by the date you wish to take it. Parents can take parental leave after maternity or paternity leave providing they give 21 days notice.  For more information on parental leave, please send £1 and an SAE for our fact sheet Parental leave and time off for dependants.

What about the new adoption leave rights?

From 6 April 2003 there will be a new right to 26 weeks paid adoption leave, with a further 26 weeks unpaid adoption leave, if you have worked for your employer for 26 weeks. Statutory Adoption Pay will be paid at a flat rate of £100 per week (or 90% of average weekly earnings if this is less) for 26 weeks.  When a couple adopts, they can choose who takes adoption leave and who takes paternity leave (see question above). You must notify your employer of the date you plan to start your leave when matched with a child. Adoption leave will be available to parents adopting a child up to 18 years of age when the child is placed for adoption.

What about rights to ask for flexible work?

From April 2003, mothers and fathers of children aged under six, or disabled children under 18, will have the right to apply to work flexibly. Employers will have a duty to consider requests seriously and will be able to refuse only where there is a clear business reason. The new right will apply to employees who have worked for their employer for 26 weeks before making the request.

Further details on how to ask for flexible work will be available later in the year when the government has published final Regulations.

Note: This new right will be in addition to the existing rights to ask for child-friendly working hours, such as part-time work, under sex discrimination law. For more information or support, contact us: UNISON Office, St Clements Hospital Hospital, Foxhall Road, Ipswich. IP3 8LS Tel: 01473 329009 Fax: 01473 329010 or mailto: unison-shc@ntlworld.com