The Equal Opportunities Commission (EOC) are backing calls for a ‘green light’ to ask women to indicate their return dates much earlier during maternity leave.
The announcement was made at the CBI conference.
Existing law is weighted towards the worker. Employers are entitled to write to their employee to ascertain plans for returning to work. However, there is no obligation for the mother to respond. Employers need to keep the job open, preventing them from hiring a permanent replacement until the 26 week period of Ordinary Maternity Leave (OML) has expired unless they are confident the woman does not intend to return.
If a worker wishes to return before the end of the OML she must give 28 days notice. If she takes the further 26 weeks of Additional Maternity Leave (AML) which immediately follows on from the OML period she is obliged to give her employer notice of her intended return date before she goes on leave.
If she returns earlier than the end of the AML period she has to again give 28 days notice.
The call for improved dialogue follows announced plans by Trade and Industry Secretary Patricia Hewitt that the period of maternity leave should be extended to a year.
The EOC argues that the lack of early dialogue between employers and employees on maternity leave causes problems on both sides, increasing uncertainty and unnecessary business costs.
A range of business organisations including the CBI, the Federation of Small Businesses, the British Chambers of Commerce and the Forum of Private Business were consulted during the EOC’s investigation into pregnancy discrimination.
Small businesses were found to suffer most with the average cost of covering maternity leave found to be between £5,000 – £7,500.
While the government provides reimbursement to employers for 92% of statutory maternity pay and 105% if they are a small employer additional costs including covering posts, loss of skills and experience during absence, management and administrative time still accrue unfunded.
The best employers establish dialogue from the outset say the EOC, and by offering flexibility manage to get over 90% of women returning to work for them after maternity leave. On average, only 47% women return to work for the same employer.
The research by the EOC shows that women who take maternity leave are still being discriminated against. According to the research as many as one in five face dismissal or financial loss as a result of their pregnancy.
Amongst a range of recommendations, the EOC is proposing a new written statement for all pregnant women and their employers outlining their rights and responsibilities. It is also calling for better childcare to benefit employers and working parents.
Speaking at the CBI Conference Chair of the EOC, Julie Mellor said:
“Employers need to be able to plan ahead. One of the biggest problems they face over pregnancy issues is the uncertainty of whether and when a woman intends to return to work after maternity leave. We know that women’s plans can change when the baby arrives. Many employers have told us they feel wary of contacting the woman at home, so they can never be entirely sure what to expect until the maternity leave has expired.
“Flexibility at work cuts both ways. It is essential that there is more support for women with children to continue their careers. But we also want to see a ‘green light’ that allows employers to contact women during their maternity leave to discuss return plans. Such a ‘right to request’ for employers will establish a framework for dialogue to benefit women as well as their employers.
“In the interests of women who want to return to work and employers themselves it is vital to have meaningful dialogue much earlier.”
