As if it was not complicated enough already, the maternity legislation is set to change again! The Maternity and Parental Leave and the Paternity and Adoption Leave (Amendment) Regulations came into force on October 1, 2006, and affect women whose babies are born after April 1, 2007.

The regulations also make changes to adoption leave, with anticipated changes to paternity leave to follow.

As a result, every pregnant woman is now entitled to six months (26 weeks) Ordinary Maternity Leave (OML) and a further six months (26 weeks) Additional Maternity Leave (AML).

This is regardless of how long she has worked for her employer.

However, and this is where it gets complicated, the right to maternity pay and maternity leave will then differ under the new regulations.

If the pregnant woman been employed by the same employer without a break for at least 26 weeks into the 15th week before the week the baby is due, then, subject to the earnings threshold, she will be entitled to nine months (39 weeks) Statutory Maternity Pay (SMP).

The first six weeks of OML is paid at 90 per cent of the employee's average earnings (subject to thresholds) as before, with the remainder of the extended period of 33 weeks paid at the rate of SMP.

SMP is set by the Government annually and is due to increase from £108.85 to £112.75 per week, as from April 2007.

Pregnant women remain entitled to all their contractual benefits for the period of OML (other than wages) but not for the period of AML, as was previously the case.

Another major change is that the woman on maternity leave can come back into work for up to ten keeping in touch' days to encourage contact.

This will not break her entitlement to SMP, which formerly it would have done.

The employer is also now formally entitled to maintain reasonable contact' with the employee during her maternity leave and this will not be deemed as harassment, or sex discrimination.

The other big change is that women wishing to return from AML earlier than the end of the set period must now give employers eight weeks notice, rather than the previous four.

This is designed to allow employers a greater opportunity to plan and accommodate their earlier return.

The rights remain in respect of the woman's return to work in that, following the period of OML, she has the right to return to the same position as she previously held with her employer.

Following AML, she has the right to return to a position, which is reasonable and suitable for her, if her previous role is no longer there.

Adoption Leave has also been extended under the regulations to 52 weeks (12 months) with Statutory Adoption Pay (SAP) for the first 39 weeks (nine months) which is the same rate as SMP.

At present the qualifying father or partner of the mother (regardless of gender) has the right to take up to two weeks paternity leave which, subject to thresholds, is paid at the same rate as SMP.

Changes to this are still at consultation stage. There was a proposal to give mothers the right to transfer part/all of their AML to the qualifying father.

How it would work in practice was vehemently debated and, as a result, Trade and Industry Secretary Alan Johnson has proposed that fathers be given the right to take six months paternity leave instead.

This could be paid leave, depending on whether the mother took all of her maternity leave, but all this is still being considered.

Finally, it is anticipated that as from April 2009, paid maternity leave will be extended to one year, so there are still more changes afoot.

As always, watch this space . . .