A guide to the Work and Families Act 2006 (Leaflet 361)

Date: 20 February 2007

A guide to the Work and Families Act 2006

Important new rights for parents and carers from April 2007.

If you are expecting a baby on or after 1 April 2007 or if you care for a sick or disabled adult you have important new rights at work. This leaflet outlines your new rights.

Parents

• Extended Statutory Maternity Pay and Maternity Allowance

The maternity pay period has been extended from 26 weeks (six months) to 39 weeks (nine months). This helps to give women who want to spend more time at home with their new baby a better chance of being able to afford to do just that.

The same applies to Maternity Allowance (for women who don't qualify for Statutory Maternity Pay) and to Statutory Adoption Pay.

From April 2007, the flat rate of Statutory Maternity Pay, Adoption Pay and Maternity Allowance is £112.75 per week. Statutory Maternity Pay, Adoption Pay and Maternity Allowance can now start on any day of the week so you can start to receive your pay on the day you begin your leave.

• 52 weeks Maternity Leave

From April 2007, all women will be entitled to 52 weeks maternity leave. It doesn't matter whether you've worked for your employer for a day or a year or whether you work full or part-time - all women are entitled to 52 weeks maternity leave.

• Keeping In Touch Days

From April 2007 you can work for up to 10 days without bringing your maternity or adoption leave period to an end. You don't have to work 'keeping in touch' days if you don't want to nor does your employer have to offer them to you. Any work you do decide to do must be agreed between you.

This means that you could go in for a training day, work a shift or attend a meeting without bringing your maternity or adoption leave period to an end.

CAUTION!

There is nothing in the regulations about being paid for working a 'keeping in touch day'. Your employer is entitled to offset what they owe you for that day's work against your Statutory Maternity/ Adoption Pay for that week.

eg: If your employer agrees to pay you £36 for a six hour shift they are able to offset against your Statutory Maternity/Adoption Pay for that whole week. This means that you would still only receive £112.75 for that week (flat rate SMP/SAP).

Usdaw believes that women should receive a full day's pay for working a 'keeping in touch day' and that this pay should be in addition to (and not offset against) her payment of SMP for that week.

Talk to your Usdaw rep or Area Organiser if you need more advice or information.

• Giving notice if you are returning to work early

If you decide you want or need to return to work before the end of your 52 weeks maternity or adoption leave period is up then you must give your employer at least eight weeks notice of the date you wish to return. If you don't give them the correct notice they are entitled to delay your return.

For more information about maternity and parental rights please refer to Usdaw's 'Maternity & Parental Rights' pack or contact the Equalities Section at Usdaw Head Office Tel: 0161 224 2804.

Carers

• The Right to Request Flexible Working

From April 2007 the right to request flexible working has been extended to carers of adults. Carers of disabled children already have this right. In order to qualify however you have to fall within the following definition.

A carer is an 'employee who is or expects to be, caring for an adult who:

• Is married to, or the partner or civil partner of the employee; or
• Is a relative or near relative of the employee; or
• Falls into neither of the above but lives at the same address as the employee.'

Relative is defined as mother, father, adopter, guardian, parent-in-law, son, son-in-law, daughter, daughter-in-law and adopted adult children.

Near relative includes brothers, brothers-in-law, sisters, sisters-in-law, uncles, aunts, grandparents, step relatives and adoptive relationships.

For more information please refer to Usdaw's 'Flexible Working' leaflet (No. 346) or 'The Right to Request Flexible Working Briefing for Reps'

For more information about Usdaw and our campaigns please contact your union rep or local union office.

Telephone: 0845 6060640 (Calls charged at local rates)

e-mail: parentsandcarers@usdaw.org.uk

A guide to the Work and Families Act 2006 (Leaflet 361) was correct at date of publication April 2007.

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© 2003 (USDAW) Union of Shop, Distributive and Allied Workers
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