26-03-2008
Changes to Pregnancy and Maternity Regime
Women in expected week of childbirth
If the expected date of childbirth is after 5th October 2008, women will benefit from changes to the Maternity Leave regime introduced in an amendment document published last week.
The amendments have become necessary but the European Court has felt that the Sex Discrimination Act does not properly implement the equal treatment directive. Employers will see this as yet another burden placed on them from the remote European Parliament.
The Sex Discrimination Act 1975 (amendment) Regulations 2008 will amend the Sex Discrimination Act by removing the distinction between ordinary and additional maternity leave, which means that a woman may be entitled to the same benefits regarding her terms and conditions during additional maternity leave that she is during ordinary maternity leave.
This means that she will become entitled to things during the second 26 weeks of maternity leave that she is currently only entitled to during the first 26 weeks. A separate set of regulations not yet published will introduce further changes to the maternity and parental leave regime by removing the distinction between ordinary and additional maternity leave in respect of benefits which are not on full pay.
Therefore, things such as annual leave, private use of company car and other benefits will have to continue during the whole of maternity leave regardless of whether it is ordinary or additional maternity leave.
Another subtle change, for the purposes of employers, is that the requirement to have a comparator in claims of discrimination on the grounds of pregnancy or maternity has been removed.
Previously, in order to bring a claim, a woman had to compare herself and the situation with a person who was not pregnant and this distinction (under Section 3(a) of the Sex Discrimination Act) would be removed.
If the expected date of childbirth is after 5th October 2008, women will benefit from changes to the Maternity Leave regime introduced in an amendment document published last week.
The amendments have become necessary but the European Court has felt that the Sex Discrimination Act does not properly implement the equal treatment directive. Employers will see this as yet another burden placed on them from the remote European Parliament.
The Sex Discrimination Act 1975 (amendment) Regulations 2008 will amend the Sex Discrimination Act by removing the distinction between ordinary and additional maternity leave, which means that a woman may be entitled to the same benefits regarding her terms and conditions during additional maternity leave that she is during ordinary maternity leave.
This means that she will become entitled to things during the second 26 weeks of maternity leave that she is currently only entitled to during the first 26 weeks. A separate set of regulations not yet published will introduce further changes to the maternity and parental leave regime by removing the distinction between ordinary and additional maternity leave in respect of benefits which are not on full pay.
Therefore, things such as annual leave, private use of company car and other benefits will have to continue during the whole of maternity leave regardless of whether it is ordinary or additional maternity leave.
Another subtle change, for the purposes of employers, is that the requirement to have a comparator in claims of discrimination on the grounds of pregnancy or maternity has been removed.
Previously, in order to bring a claim, a woman had to compare herself and the situation with a person who was not pregnant and this distinction (under Section 3(a) of the Sex Discrimination Act) would be removed.
