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28 July 2006

A LEADING employment law expert has welcomed new proposals that could benefit 20,000 working mothers by doubling maternity leave to 52 weeks.

The proposals are part of the Department of Trade & Industry’s (DTI) suggestions for the improvement of maternity, paternity and adoption regulations as part of the Work and Families Act 2006, which is intended to implement a number of changes to the laws that govern an employee’s work and family rights.

Sadiq Vohra, a partner and head of employment law at MWR Solicitors in Preston, commented on the proposals. He said:

“One big issue in the proposals is the removal of the current regulation that requires an employee to have been with an employer for six months to claim additional maternity leave. Under the new proposals an employee who qualifies for 26 weeks ordinary maternity leave will now automatically qualify for a further 26 weeks additional maternity leave, regardless of their length of service at the business. These new proposals will also apply to adoption leave. We will also see an improvement to paternity leave.

“However, the DTI’s main aim is to increase the length of paid maternity leave from 26 weeks to 39 weeks from April 2007, with the eventual goal of a year’s paid leave.

“Another key aspect is an employee on maternity leave can agree with her employer to work for up to 10 days during the statutory maternity leave period, without it effecting her period of maternity leave. The current law states if any employee resumes work for any length of time during their maternity leave they will loose their statutory pay for the week.

“The new regulations would protect many working mothers and allow them to spend extra time with their new born babies without it effecting their employment. It also allows them the opportunity, if both employer and employee agree to go into work for up to ten days, without losing any maternity rights. This means that they can keep abreast of any developments in the work place and so not be disadvantaged on their return.”

Provided the proposals gain Parliamentary approval, they will be part of the Work and Families Act 2006 and they will come into effect on April 1 2007.