Facts/Background

Proposals to amend the EU Pregnant Workers Directive have been agreed by the European Parliament this October which will extend maternity rights. The following are some of the proposals which have been agreed:

• Increasing the minimum period of maternity leave from 14 weeks to 20 weeks (despite the original proposal being to only extend it to 18 weeks).
• Allowing women to receive full pay for that 20 week period (despite the proposal being to cap it at statutory sick pay). The last four weeks of any family-related leave may be considered maternity leave and paid at least 75% of salary.
• Member states taking necessary measures to prohibit the dismissal of pregnant workers from the start of pregnancy until at least 6 months after the end of maternity leave and to provide written reasons for dismissal during this period.
• The introduction of 2 weeks’ fully paid paternity leave.
• Removing obligations for night work or overtime for all pregnant workers:
  - during the last 10 weeks of pregnancy.
  - with health problems during the remainder of pregnancy.
  - who breastfeed during the entire duration of the breastfeeding.
• Time off for breastfeeding, two separate 1 hour periods unless another arrangement is agreed with the employer. For multiple births this period is increased by up to 30 minutes for each additional child. The time for part time employees would be pro-rata, but not less than 30 minutes.
• Increase compulsory maternity leave from 2 to 6 weeks.

It is important to emphasise that none of the above are yet UK law, so watch this space.

Impact on the UK

The main impact these proposals will have on the UK will be in relation to the extended compulsory maternity leave and increases in both maternity and paternity pay. Employers when awarding bonuses for work done (such as performance related bonuses) already have to treat the current 2 week compulsory period as time worked, this therefore would have to be increased by a further 4 weeks when calculating a woman’s bonus entitlement.

At present statutory maternity pay (SMP) is paid at 90% of average earnings for the first 6 weeks and then reduces to the flat SMP rate for the remaining 33 weeks. The EU Parliament’s proposal would therefore significantly increase the UK’s current provision by having to pay 20 weeks’ at full pay.

Fathers are currently entitled to 2 weeks paternity pay at the statutory paternity pay (SPP) rate, the period of leave can be increased up to 26 weeks for fathers were their child is born on or after 3 April 2011. There will be an increase in costs for businesses with the proposal for the 2 week period being paid at full pay.

Comment

Some of these proposals, in particular maternity pay, are controversial. In order for these proposals to be adopted, a majority of the Council of Ministers is needed. Due to the current economic climate the UK government is lobbying against the increase in pay and the consensus is that the Council may not approve the proposals without further amendment. For the time being we need to wait and see what the future holds.