The Government’s Work and Families Act has now passed into law and with it comes new rights for employees.

The centrepiece of the new legislation is the enhancement of maternity and paternity rights, although there is also a significant change to the rules on so-called flexible working.

The period of statutory maternity leave, currently six months, is being extended to nine months from April 2007, and the government has given itself the power to extend this to twelve months.

Maternity leave is split into ordinary and additional maternity leave (AML). At present, ordinary leave is available to all, while additional leave is available only to those with 26 weeks’ continuous service with the employer by the beginning of the 14th week before expected confinement. That qualification period for AML is to go.

The period of notice for returning to work is being increased. When an employee wishes to return earlier than scheduled from her maternity leave, she has to give 28 days notice to her employer. This is to be extended to eight weeks.

Employers and employees can also agree that the latter will work for up to 10 days during the period of leave, without that additional involvement serving to bring the period of maternity leave to an end.

Possibly the biggest single change introduced by the Bill relates to paternity rights. Couples will be able to arrange between themselves that one or both of the two parents will be available to stay home to look after the child during its first year.

New fathers have the right to take two weeks statutory paternity leave within the first eight weeks after birth or adoption. However, under the new law, fathers who meet certain qualifying criteria will be able to take an additional period of paternity leave, some of which will be paid. This will be in addition to the current two weeks’ entitlement.

Additional leave will only be available to fathers where the mother has returned to work after taking her maternity leave. For this reason, the reformed regulations are likely to specify that the new paternity leave may only commence 20 weeks after the child’s birth (or adoption). So if a mother returns to work 20 weeks after the birth of her child, the father will be able to take his 26 weeks additional paternity leave beginning immediately after her return.

Additional Statutory Paternity Pay (ASPP) will be available only where the mother or adopter has returned to work and has some of her entitlement to Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay left at the time of her return to work. The mother will still be able to take her full entitlement to leave and pay.

The government has proposed that the new rights should be available not only to the father of a child but to the mother’s husband or partner (including civil partner) if he is to be responsible for raising the child. But there will be a length of service criterion of at least one year prior to starting the additional leave.

The right to request flexible working arrangements is to be extended. Parents of children up to six have the legal right to ask their employer for permission to vary their contracts of employment to allow them to adopt alternative working patterns so that their child benefits from greater contact with one or both parents.

As from April 2007, employees who have caring responsibilities with respect to older children or adult relatives will also have the right to ask for flexible working rights.

John Davies FCIS is head of business law at the Association of Chartered Certified Accountants.