HC Deb 06 February 1990 vol 166 cc554-5W
Mr. Meacher

To ask the Secretary of State for Employment if he will list all the changes in employment law since May 1979 which have affected women's rights to maternity leave.

Mr. Nicholls

The Employment Act 1980 made the following changes: Initial notification of intention to return after confinement must now be in writing and should include the expected week of confinement or, if confinement has occurred, the actual date. An employer has the right, not earlier than 49 days after the beginning of the expected week of confinement (or the notified date of confinement) to make a written request for confirmation in writing that the woman intends to return. If she does not comply within 14 days of receiving the request (or if that is not reasonably practicable, as soon as is reasonably practicable) she will lose the right to return. Final notification of the intended date of return must now be made in writing at least 21 days (formerly 7 days) beforehand. A woman who has been prevented from returning because of an interruption to work must resume work not later than 28 days (formerly 14 days) after the interruption is over. The right to complain to an industrial tribunal if an employer does not reinstate her to her old job does not apply where it is not reasonably practicable for an employer to reinstate the woman in her original job (for reasons other than redundancy) and where an offer of employment is unreasonably refused. Employers with fewer than 6 employees no longer have to re-employ a woman if it is not reasonably practicable either to reinstate her in her old job or to offer her suitable alternative employment.

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