Information supplied by: mhl support ltd

Changes in additional maternity leave rights

Note: This is our original regulation update text, published on 30 July 2008. Unlike the rest of our site, this archived material is not updated if the law changes.

For an overview of current law in this area, see our guide: Maternity leave and pay

Relevant to;
All employers in the private, public and voluntary sectors in England, Scotland and Wales whose employees benefit from non-pay contractual terms and conditions only during ordinary maternity leave. Separate provision will be made for Northern Ireland.

Took effect on
23 July 2008

From 23 July 2008, subject to certain date-related criteria, employees on additional maternity leave (AML) are to benefit from the same non-pay contractual terms and conditions that applied when they were on ordinary maternity leave (OML).

Women expecting their baby to be born on or after 5 October 2008 will be entitled to the new terms and conditions.

The actual non-pay contractual terms and conditions these employees will continue to benefit from during AML will depend on their contract of employment. They could include one or more of the following:

·         the build-up of contractual annual leave

·         the provision of a company car or mobile phone

You will also have to take periods of AML into consideration when you calculate length of service for seniority, pension, annual leave entitlement and similar contractual rights.

In other words, employees who satisfy the above dates and who wish to exercise their right to AML will be entitled to benefit from all their non-pay contractual terms and conditions throughout their entire period of statutory leave.

The different right to return at the end of OML and AML remains.

These regulations also extend parallel changes - subject to certain date-related criteria - to employees taking additional adoption leave. These provisions are covered in a separate regulation update.

Full title of regulation
Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 [SI 2008 1966]


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