One of the more important employment rights of any worker's life – male or female – is the right to time off for maternity or paternity leave.

New regulations came into force this summer in the form of the Maternity and Parental Leave, and the Paternity and Adoption Leave (Amendment) Regulations 2008.

This important piece of legislation is the latest in a sometimes baffling list of red tape to target businesses, and can often leave smaller companies in particular unsure of where they stand.

Put simply, the latest regulations affect those employees whose expected week of childbirth began on or after 5th October 2008; or whose child is expected to be placed with them for adoption after the same date.

Essentially the change removes the difference between those on ordinary maternity leave (or adoption leave) and those on additional maternity leave.

Previously this difference meant that employees on additional maternity leave did not have the right to full contractual benefits, such as holiday time accrued during their period of leave, and pension rights (pay is not included). Now the worker is treated as if they were not absent at all for all purposes except normal pay.

The difficulty, particularly for small businesses, is that the old rules still apply to those staff whose week of childbirth or adoption placement fell prior to October 5.

Therefore, it is quite likely that businesses will have to operate two sets of rules for some time, until there are no staff remaining whose week of childbirth or adoption fell before October 5.

The Government argues that the change will make the system more straightforward, and will benefit those caring for children.

It is important to recognise that these changes will also mean a lot of work for businesses, and it is crucial that companies have reviewed their internal policies to make sure they are up to date and reflect these changes.

For more information contact me at Haworth & Nuttall Solicitors.