News and Events

Pregnancy, maternity and adoption leave 

Employers will need to review their practices and policies in relation to pregnancy and maternity leave. Women in Northern Ireland whose expected week of childbirth begins on or after 5 October 2008 and employees expecting a child to be placed with them for adoption on or after that date will benefit from their normal terms and conditions of employment, apart from pay, throughout the full 52 week period of their maternity or adoption leave. 

Another change under the new Regulations, is that a woman need only show that any less favourable treatment she has experienced is by reason of her pregnancy or exercising her right to maternity leave.

So for example, in the situation where a pregnant woman’s employer refuses to allow additional toilet breaks while pregnant, or whose job involves heavy lifting which she is unable but still required to do while pregnant, she may now have a claim under the new Regulations.

Furthermore, under the present regulations employers are allowed to limit some contractual rights during Additional Maternity Leave (AML). For example, during Ordinary Maternity Leave (OML) employees are entitled to accrue (pro rata) contractual annual leave as they would while working, whereas during AML the employer can restrict the accrual of leave to the statutory minimum.

This distinction under the new regulations would now be removed so that the terms and conditions which apply during OML will continue to apply during AML, allowing a woman to bring a claim of unlawful discrimination if this is not the case.

Find out more at www.delni.gov.uk/index/press-releases/press-releases-jul-sept-2008/empey_reminds_employers_of_changes_to_employment_law.htm

National Minimum Wage 
New rates will be implemented from 7 October 2008 as follows:

• Adult rate - £5.73
• 18-21 year old rate  - £4.77
• Under 18 rate - £3.53.

source: NICVA eNews: 29 September 2008

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