New mothers are entitled to a maximum of 52 weeks maternity leave regardless of their length of service. Different statutory and contractual rights exist between the first six months (26 weeks) of maternity leave (Ordinary Maternity Leave – OML) and the second six months (Additional Maternity Leave - AML). During OML all employees have an entitlement to receive all contractual benefits (except salary). During AML only statutory annual leave (currently twenty days per annum) continues to accrue (unless the contract of employment states something different). For example, an employee will have an entitlement to a company car during OML but not AML.
The new Regulations have introduced ‘keeping in touch’ days, which makes provisions for an employee to do up to 10 days work during her maternity leave without losing her maternity leave or benefits. There is no obligation to carry out this work and any work carried out must be with agreement between the employer and employee.