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Changes to maternity rights if your baby was due on or after 1 April 2007
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Reviewed September 2007
If your baby was due on or after 1 April 2007 (even if your baby was born before this date), any Statutory Maternity Pay or Maternity Allowance you are entitled to can be paid for 39 weeks (9 months) - an increase of 13 weeks. This also means that any Working Tax Credit you are entitled to will also be paid throughout the 39 weeks.
This also applies to Statutory Adoption Pay for adoptive parents whose child was placed with them on or after 1 April 2007.
Other changes from April 2007: - If you qualify for Ordinary Maternity Leave or Adoption Leave of six months, you will automatically qualify for an extra six month's Additional Maternity or Adoption Leave.
This means you can be on maternity leave for a total of one year, but any Statutory Maternity Pay, Maternity Allowance and/or Working Tax Credit you are entitled to will only be paid for the first 39 weeks.
If you are on leave for more than six months (the period of Ordinary Maternity or Adoption Leave), your employer will assume you will return at the end of Additional Maternity or Adoption Leave.
If you want to return before the end of Additional Maternity or Adoption Leave (for example, when your maternity pay stops after 39 weeks), you will need to give notice to your employer, see below.
- Statutory Maternity Pay or Maternity Allowance will start on the first day of your Ordinary Maternity Leave.
- You will be allowed to work up to 10 'keeping in touch' days during your Ordinary Maternity Leave or Adoption Leave without loosing the Statutory Maternity Pay or Statutory Adoption Pay for that week, or your Maternity Leave period coming to an end. Neither you nor your employer will have the right to demand that you work these days, but they can be agreed between you.
- If you want to return to work before the end of your additional maternity or adoption leave (see above), you must give your employer 8 weeks' notice of your return to work.
Future changes: - It is proposed that paid maternity and adoption leave will be extended to 12 months by the end of 2009.
- There is now legislation to give mothers the right to transfer a proportion of their paid maternity leave to the child's father, if the mother returns to work. If a couple split up during maternity leave, and the father is no longer the parent with the day-to-day care of the child, the mother can take over the remaining paid maternity leave. It is not yet known when this will come into force.
To find out more about your employment rights and the benefits and tax credits that you may be entitled to call the Lone Parent Helpline on 0800 018 5026.
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