WORK AND PARENTS: COMPETITIVENESS AND CHOICE

START DATES FOR THE NEW RIGHTS
 

Maternity Leave and Pay

• Women who have an expected week of childbirth (EWC) on or after 6 April 2003, are entitled to the new maternity leave and pay provisions. 
   

• From 6 April 2003 all women receiving the standard rate of Statutory Maternity Pay (SMP) will receive the new rate of £100 a week or 90% of average earnings if this is less than £100.

Premature births

• If the EWC falls on or after 6 April 2003 and the child is born prematurely, the mother is entitled to the new maternity leave rights — 26 weeks ordinary maternity leave and, if applicable, 26 weeks additional maternity leave.
   

• Women who have started their SMP period before 6 April 2003 will receive SMP or Maternity Allowance at the standard rate of £75 a week up to 5 April 2003.

Note: As at present, SMP under the new scheme will be paid at 90% of average weekly earnings for the first 6 weeks, followed by the standard rate for the remaining weeks.  

          Late births  

• If the EWC falls before 6 April 2003, and the child is born on or after 6 April 2003, the mother is entitled to the old leave and pay rights.
   

Paternity Leave and Pay

• Employees whose partner has an EWC on or after 6 April 2003 are entitled to the new paternity leave and pay provisions. 
   

• Any paternity pay period which starts on or after 6 April 2003 will be paid at the same standard rate as Statutory Maternity Pay — £100 a week or 90% of average earnings if this is less.

Premature births

• If the EWC falls on or after 6 April 2003, and the child is born prematurely, employees are entitled to take paternity leave and pay.
   

• Any paternity pay period which starts before 6 April 2003 will be paid for the full period at £75 a week (the same standard rate as Statutory Maternity Pay from April 2002).

Late births

• If the EWC falls before 6 April 2003, and the child is born on or after 6 April 2003, employees have the right to take paternity leave and pay.

Adoption

• Paternity leave and pay is also available in relation to a child newly placed for adoption where the adopter is notified by an approved adoption agency of being matched with a child on or after 6 April 2003 or where a child is being adopted from overseas and the adopter received official notification on or after 6 April 2003 and the child enters Great Britain on or after 6 April 2003.
   

• Any paternity pay period which starts on or after 6 April 2003 will be paid at the same rate as Statutory Maternity Pay — £100 a week or 90% of average weekly earnings if that is less.
   

• If an adopter is matched with a child before 6 April 2003 (or an adopter adopting from overseas receives their official notification before 6 April 2003), and the child is placed on or after 6 April 2003 (or enters Great Britain on or after 6 April 2003), employees have the right to take paternity leave and pay but different rules about notification will apply.
   

Adoption Leave and Pay

Adopting a child within the UK

• Adoption leave and pay is available to employees in relation to a child newly placed for adoption where the adopter is notified by an approved adoption agency of being matched with a child on or after 6 April 2003.
   

• If the adopter is matched with a child before 6 April 2003, and the child is placed on or after 6 April 2003, the parent has the right to take adoption leave and pay but different rules about notification will apply.

Adopting a child from overseas

• Adoption leave and pay is available to employees when the adopter received official notification on or after 6 April 2003 and the child who enters Great Britain on or after 6 April 2003.
  
  

• If the adopter received official notification before 6 April 2003, and the child enters Great Britain on or after 6 April 2003, the parent has the right to take adoption leave and pay but different rules about notification will apply.

More information on the main provisions of the new schemes

Last updated 11 April 2003