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Empey reminds employers of changes to employment law

25 September 2008

Employment and Learning Minister, Sir Reg Empey, today reminded employers that from 5 October 2008 working parents on maternity or adoption leave will benefit from changes in employment law.

Highlighting the changes in legislation, the Minister said: “Employed women whose expected week of childbirth falls on or after 5 October 2008, or employees expecting a child to be placed with them for adoption on or after that date, will now be able to benefit from their normal terms and conditions of employment, apart from pay, throughout the full 52 week period of their maternity or adoption leave.

”Previously, entitlement to their normal terms and conditions only existed for mothers and adopters during the first 26 weeks of leave, with more limited terms and conditions during the second 26 weeks.”

Sir Reg continued: “These changes will require companies to review internal polices to ensure that all normal terms and conditions continue for the full period of leave. If company policies currently make a distinction between the non-pay benefits available during first 26 weeks and second 26 weeks of leave, for example accrual of contractual annual leave, this distinction will need to be removed before the legislation comes into force.”

Revised guidance on maternity leave and adoption leave can be found in the Department’s booklets ‘‘Maternity Rights: A guide for employers and employees” (ER16) and “Adoptive Parents: A guide for employers and employees” (ER35) which are available for download from www.delni.gov.uk/erbooklets external link

NOTES TO EDITORS:

  1. 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.
  2. The terms and conditions affected can include access to a company car; provision of private medical cover and annual leave accrual.
  3. 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) –www.opsi.gov.uk/sr/sr2008/pdf/nisr_20080159_en.pdf.
  4. Media enquiries to the Department for Employment and Learning Press Office on 02890257872.
  5. Out of office hours, please contact the Duty Press Officer via pager number 07699715440.