Extension of contractual entitlements into Additional Maternity Leave

Some changes came into force on 5th October 2008 regarding Additional Maternity Leave. The key distinction between the two has always traditionally been that the employee is entitled to all her contractual benefits during Ordinary Maternity Leave (aside from pay), but not during Additional Maternity Leave. These contractual entitlements, for women whose expected week of childbirth is from now onwards, will now exist during AML as well. Practical examples of entitlements that women will have during their second six months that they didn’t have before are:

  • Full holiday entitlement will accrue during AML, instead of just the Working Time Regs minimum;
  • Non-performance related bonuses, such as a department wide profit-related bonus (those that are related to the employee’s individual performance are more complicated);
  • Company cars, so long as they are provided for private use as well as business;
  • Gym memberships;
  • Child care vouchers;
  • Corporate discounts;
  • and so on.

New guidance has been published by BERR.

Money Box Live on Radio 4 today covered these issues, and is worth a listen. You can download the podcast as an mp3 for the next week or so, at the show’s webpage.

I do wonder if it might simply this complicated area of law if the distinction between OML and AML were just abolished.

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