From April 2003, changes intended to simplify maternity arrangements come into effect, together with new rights for paternity and adoption leave and pay.

Maternity leave and pay

The basic scheme of ordinary maternity leave for all employees and additional maternity leave for those employees with sufficient service, remains the same. However, there are changes to the length of leave and pay periods, the service requirement for additional maternity leave and the notification requirements. These changes take effect for women whose expected week of childbirth commences on or after 6 April 2003, even if the baby is born early. The changes do not apply to women whose expected week of childbirth begins before 6 April 2003, but whose baby is born late.

The revised scheme is as follows:

• Ordinary maternity leave increases to 26 weeks.
• An employee will be entitled to additional maternity leave if she is entitled to ordinary maternity leave and has been continuously employed for at least 26 weeks ending with the week before the 14th week before the expected week of confinement.
• Additional maternity leave will be 26 weeks beginning when ordinary maternity leave ends so those who qualify for additional maternity leave will be able to take a total of 52 weeks maternity leave.
• The Statutory Maternity Pay (SMP) period increases to 26 weeks. The entitlement to SMP for the first 6 weeks remains 90% of normal weekly pay. For the remaining 20 weeks the rate of SMP is the lower of 90% of normal weekly pay or the prescribed weekly rate.
• A woman must notify her employer no later than the end of the 15th week before her expected week of childbirth (or as soon as reasonably practicable) of her pregnancy, the expected week of childbirth and the date on which she intends to start her maternity leave. The earliest date on which leave can start remains as the beginning of the 11th week before the expected week of childbirth. The start date can be varied by giving notice of at least 28 days before the earlier of the original leave date or the new date.
• Absence from work on account of pregnancy will cause an employee's ordinary maternity leave period to begin automatically if it is after the beginning of the 4th week before the expected week of childbirth.
• There is a new requirement for an employer who has been notified by an employee of the date on which she intends to commence her maternity leave to notify the employee, within 28 days of that notification, of the date on which her leave will end. There is a model employer's letter on the DTI website. If the employer fails to give the required notice, it will be unable to prevent the employee from returning early and the employee is protected against detriment or dismissal if she fails to return on the due date.
• An employee who intends to return earlier than the end of her ordinary maternity leave or additional maternity leave (if entitled to both) will be required to give at least 28 days' notice.
• The current requirement for an employee entitled to additional maternity leave to notify her employer, if so requested, whether she intends to return to work at the end of a period of additional maternity leave is removed.

From 6 April 2003, the prescribed weekly rate of Statutory Maternity Pay increases to £100. This applies to all women receiving SMP at that point, regardless of the date of their expected week of childbirth.

Rights and obligations during maternity leave and the right to return to work remain unchanged.

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