Date posted: 01/09/2008

Audience: This Notice will be of particular interest to:

  • HR Managers and policy teams
  • Payroll Managers


  • To note that recent legislative changes which are effective from 5 October 2008 only affect the non-pay terms and conditions during additional maternity and adoption leave. They do not affect the current position in relation to pension contributions.

Timing: Immediate

  1. Recent amendments to the Sex Discrimination Act 1975 entitle employees on additional maternity leave (AML) to the same non-pay benefits as those who are on ordinary maternity leave (OML).
  2. The Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008 clarify the law with regard to terms and conditions of employment which must continue during additional maternity leave (AML). Corresponding changes are made in relation to additional adoption leave, to bring the adoption leave regime in line with the maternity leave regime.
  3. As a result, the following terms and conditions apply to parents of children expected to be born or placed for adoption on or after 5 October 2008:
  • The non-pay terms and conditions to which a woman is entitled during ordinary maternity leave are to be extended to the period of additional maternity leave.
  • The non-pay terms and conditions to which an employee is entitled during ordinary adoption leave are to be extended to the period of additional adoption leave.
  1. These Regulations do not change pension rights during unpaid additional maternity or adoption leave. Any unpaid maternity or adoption leave will continue to qualify but not reckon for pension purposes. There are no changes required to the payment of pension contributions as set out in EPN169.


This document refers to EPN169


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1 September 2008
Last updated:
24 April 2023