Extension of rights for employees during Additional Maternity Leave

9th September 2008 All women taking maternity leave, or planning to take maternity leave, that are expecting to give birth on or after the 5th October 2008 will have greater rights during their Additional Maternity Leave period than previously applied.
Maternity leave is theoretically divided into a number of distinct parts. There is a two week “Compulsory Maternity Leave period” – of the two weeks immediately following the birth of the child. Then there is an “Ordinary Maternity Leave“ period, of the first 26 weeks of maternity leave ( which incorporates the Compulsory Maternity Leave period). There is then a further 26 weeks period of leave, which is known as the “Additional Maternity Leave” period. All employees that are entitled to Ordinary Maternity leave are also entitled to the Additional Maternity leave. However, the range of employment rights applicable during the Ordinary Maternity Leave period, and the Additional Maternity Leave period has been different, with fewer rights applying during the Additional Maternity Leave period.
Following a recent case the Government has introduced regulations that extend the rights applicable to employees during their Additional Maternity Leave period. Women during their Additional Maternity Leave will, under the new rules, be entitled to the same (non-pay) benefits that were previously only enjoyed during the Ordinary Maternity Leave period. This will include contractual rights, for example, to a mobile phone, company car, use of a laptop computer where these are specified under the terms of their contract of employment. A particularly significant implication will be the accrual of contractual holiday entitlement throughout the maternity leave period (all 52 weeks of it). Clearly these changes are likely to bring with them a significant increase in costs to employers, as well as additional administration. 
The extension of rights will also apply to employees taking Additional Adoption Leave in the same way that it will apply to those taking Additional Maternity Leave.
If you need any specific advice on the issues raised in this article then please contact us.