The Government recently announced an extension of non-pay contractual benefits to mothers taking maternity leave.

Prior to the announcement which came into effect on 23 July, employers who gave their employees certain non-pay related contractual terms and conditions, such as company cars, mobile phones, pensions or health benefits, where required to extend these to employees whilst on Ordinary Maternity Leave only (first 26 weeks).

Under the new legislation, women who are expecting their baby to be born on or after 5 October are entitled to take these same non-pay terms and conditions if they choose to take Additional Maternity Leave (up to 52 weeks)

Michael McDonnell, an employment specialist at Coles Miller Solicitors, says, “The actual terms and conditions will depend on what is stated in their contract of employment and it is these benefits only that they are entitled to. Usually, this would include build up of contractual annual leave.”

However, Michael points out, “If terms of employment state that this is to be taken within a set holiday year and may not be carried over, this would extend to employees whose maternity leave spans the end of the holiday year. In such cases employees may wish to take all their holiday prior to their maternity leave. Of course if holiday can be carried over, no such problem will exist.”