How will the bill change maternity rights?
Currently, most women have the basic right to return to their job after maternity leave. Whatever their length of service or working hours, women are entitled to 14 weeks' leave – a period which will be extended to 18 weeks under the Employment Relations Bill.
As the law stands now, women who have worked for the same firm for more than two years are entitled to return to the same or, if this is not possible, similar employment up to 29 weeks after the child's birth. Under the bill, women will only have had to work for a firm for at least one year to qualify.
Will maternity pay change?
No. Many private and public sector employers offer full salary for part or all of the maternity leave period. Some even offer bonuses as an incentive for women to return to work after the birth. This will not change.
For those without such generous offers, there is statutory maternity pay, which also remains the same. To qualify, an expectant mother must have worked for her employer for at least 26 weeks, and must continue to work until at least 11 weeks before the child is due.
Women who qualify are entitled to 90% of their earnings for the first six weeks and SMP at the basic rate, currently fixed at £59.55 a week, for the remaining 12 weeks. The amount paid for the first six weeks is based on average earnings (including any bonus) over the previous two months.
Women who do not qualify for SMP are entitled to a fixed weekly maternity allowance of up to £59.55. However, there is little help for low-paid working women. Those who earn less than £66 a week (the lower limit for National Insurance contributions) are not entitled to either SMP or maternity allowance. The law will not address this issue.
Under the new rules, women who have worked for a firm for more than one year are entitled to return to the same job after the birth
Will the bill change the rules on unfair dismissal?
If a woman is dismissed because she is pregnant or for a reason related to her pregnancy, she has an automatic claim for unfair dismissal – and potentially for sex discrimination – before an employment tribunal. Under the Employment Relations Bill this right will continue to apply regardless of length of service.
It may also be discriminatory not to allow a woman to return to work part-time if her employer cannot give business reasons to justify the decision.
What about paternity leave?
At the moment, male employees have no legal right to paternity leave, although some employers do grant it.
Things will change soon, however, because the government must produce regulations allowing employees to take paternity leave in order to comply with the European Union's Parental Leave Directive.
The Employment Relations Bill contains provisions that will enable the introduction of these regulations. Both men and women will be able to take advantage of these new rules.
The form the regulations will take is unclear but they are likely to apply to parents who have children under eight years old, and who have worked for their employer for at least a year. The minimum length of parental leave will be three months.
