April 2015 — summary of key changes to maternity and adoption leave

The rules on statutory maternity and adoption leave have changed radically for babies born on or after 5 April 2015. From this date, eligible mothers and adopters can choose to opt into the shared parental leave (SPL) scheme explained on pages 230-235. Any employee who chooses not to opt into SPL will preserve their full right to 52 weeks’ maternity or adoption leave.

The SPL regime replaces additional paternity leave, which is abolished from 5 April 2015 (see page 249).

In addition, the rules on statutory adoption leave have changed in the following important ways for babies matched for adoption on or after 5 April 2015. The effect of these changes is to bring the adoption regime broadly into line with that of statutory maternity leave:

• statutory adoption leave became a Day One right. Before 5 April 2015, 26 weeks’ continuous service was needed;

• arrangements for statutory adoption pay (SAP) have changed (see page 240). In summary, under the new arrangements the first six weeks of statutory adoption pay are paid at 90% of the employee’s normal earnings, instead of a flat rate, mirroring statutory maternity pay (SMP). The rules on SAP and SMP are explained on pages 240-241;

• some surrogate parents became eligible for statutory adoption leave.

Relevant law: Maternity leave: Chapter 1 ERA 96 Maternity and Parental Leave Regulations 1999; Adoption leave: Chapter 1A 75A ERA 96, Paternity and Adoption Leave Regulations 2002, sections 121-124 CFA 14, Paternity and Adoption Leave (Amendment) Regulations 2014.