---

Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008

rose to move, That the Grand Committee do report to the House that it has considered the Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008. The noble Baroness said: The regulations before the Committee today make clear for employees and employers the terms and conditions to which an employee on additional maternity leave or additional adoption leave is entitled. Additional maternity or adoption leave is the second six months of the 52-week leave period. The regulations are necessary as a result of the amendments made to the Sex Discrimination Act in April this year, following the Equal Opportunities Commission 2007 case against the then Secretary of State for Trade and Industry. Those amendments mean that employers will no longer be able to treat employees taking additional maternity leave less favourably than those on ordinary maternity leave in respect of employment benefits. The regulations clarify that the non-pay contractual benefits that women have during ordinary maternity leave are explicitly extended to additional maternity leave and that right applies to adopters taking additional adoption leave as well. They ensure legal clarity and consistency with the amended Sex Discrimination Act. The regulations will come into force in October this year, given our commitment to common commencement dates for new employment legislation, and will apply to parents where the expected week of childbirth or placement for adoption is on or after 5 October 2008. The Sex Discrimination Act amendment also applies to women whose expected week of confinement is 5 October 2008 onwards. The timing of the maternity and adoption regulations before us today therefore dovetails with that of the Sex Discrimination Act changes. Examples of the type of contractual benefit covered include accrual of contractual annual leave and the provision of company cars and mobile phones. Of course, that would be the case only where an employee is already entitled to such benefits as part of their normal contract of employment for their ordinary maternity leave. These amendments, taken with the Sex Discrimination Act changes, also require that the full 52 weeks of maternity and adoption leave now be counted when assessing how long an employee has been working for an employer. Employers will benefit from the removal of the risk of claims for sex discrimination if they provide only the terms and conditions as currently required. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008. 25th Report from the Joint Committee on Statutory Instruments.—(Baroness Vadera.)