Hays Specialist Recruitment

Changes to maternity legislation: good news for long-term temps

In comparison to the Age Discrimination Act, which came into effect on the same day, the rolling out of the new maternity legislation was a relatively low-key affair. However, this does not mean we should underestimate the impact it will have on our workplaces, as it will not only affect mothers-to-be and their husbands or partners, but also those they work with - as well as any temps or interims available for maternity cover.

Now that the April 1 2007 launch date has passed, Matt Davis reports on the effect the new legislation will have on the temporary employment market.

The legislative changes  

Paid maternity leave was first introduced in 1979, with only around half of the UK’s working women originally eligible. After its reformation in 1993, pregnant women were allowed to take six months’ paid leave, but only if they had worked within their organisation for at least six months.  

On 1 October 2006 the maternity legislation was again amended, further benefiting all employed mothers whose babies were due on or after April 1 2007. The period of Statutory Maternity Pay (SMP) is now nine months for everyone, regardless of how long they have been in employment, and they are allowed to take a further three months of unpaid leave if they so desire.

The benefits  

The benefits to would-be mothers are clear for all to see, so this change in legislation could well encourage more workers to start families. However, Maureen Sullivan, Director of Hays Human Resources, does not envisage that it will have an overwhelming impact on the UK’s employment market.  

“I’m not sure we will see an increase in the number of maternity leavers,” Maureen says. “I speak to HR professionals on a daily basis and it seems that most departments would be well prepared, should there be a sudden rise.  

“That said, some key roles may become vacant for a longer period of time, so, if anything, there will be a more acute focus on succession planning.”

Longer contracts?  

While the legislative changes may not bring about an increase in the number of maternity leavers, there is every chance that the contracts offered to their replacements will span a significantly longer period.  

As Maureen Sullivan points out: “Because maternity cover contracts may be longer than they have been previously, some people could be tempted to leave their permanent positions in order to secure a contract at another organisation, or within a different industry.  

“Although it may be seen as a gamble, it could prove to be a very shrewd way of changing careers.”

The drawbacks  

As far as the mothers themselves are concerned, one of the few drawbacks is that they now have to give their employers two months’ notice before returning to work. But this is actually very good news for their replacements, as it will give them more time to prepare for their next career move.  

Another drawback is that SMP is still fairly low. This means that not everyone will be able to take full advantage of the leave available, and some mothers may need to return to work sooner than is required in order to raise their income.  

Maureen Sullivan points out that employers could also become more particular about the people they choose to fill permanent positions. “As has always been the case,” Maureen says, “some managers are wary of employing women of a certain age or circumstance. There’s a chance that some employers will be concerned, perhaps unduly, about losing a member of staff for a year, soon after they’ve joined.  

“But, then again,” Maureen continues, “this could work to the advantage of temps and interims. If there are enough high-calibre replacements marketing themselves, an employer should have no reason to worry about finding someone to fill a maternity leaver’s position.”

The future

More good news should be on the way, with the Government pledging to increase SMP to 12 months before the next election.  

Once this increase has taken place, it is hoped that further amendments to the legislation will enable mothers to ‘share’ their maternity leave with the child’s father (e.g. both parents could take six months’ leave, as opposed to just the mother taking all 12).  

For men, this would be a vast improvement on the two weeks’ paternity leave currently on offer. It will also mean that, potentially, there could be double the number of positions on offer to temps and interims. While the contracts won’t be as long, there should certainly be a greater number of roles, and indeed a wider selection.  

To enquire about the selection of maternity cover roles currently available, find your local branch of Hays. Or continue your search for HR jobs.

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