About this information
- This section outlines the statutory rights and responsibilities of employees who are pregnant or have recently given birth and sets out the statutory requirements for pregnancy-related sickness, health and safety, and maternity leave. Arrangements for time off for antenatal care and to accompany a pregnant woman to antenatal appointments are set out in the Time off for Antenatal Appointments Information.
- In some cases, the employee and their spouse or partner may be eligible to opt into the shared parental leave (SPL) scheme which gives them more flexibility to share the leave and pay available in the first year. The employee will need to give at least eight weeks’ notice to opt into SPL and must remain on maternity leave until at least two weeks after birth. For information about SPL, see the Shared Parental Leave (Birth) Information.
- This policy only applies to employees and does not apply to agency workers or self-employed contractors.
- All employees are entitled to up to 52 weeks’ maternity leave, consisting of 26 weeks’ ordinary maternity leave (OML) and 26 weeks’ additional maternity leave (AML).
Notification
- Employees should inform their employers as soon as possible that they are pregnant. This is important as there may be health and safety considerations (see Risk Assessments information below or Health and Safety Executive advice here).
- Before the end of the fifteenth week before the week that the employee expects to give birth (Qualifying Week), or as soon as reasonably practical afterwards, employees must tell their employers:
- the week in which their doctor or midwife expects them to give birth (Expected Week of Childbirth); and
- the date on which the employee would like to start maternity leave (Intended Start Date).
- Employers must write to the employee within 28 days to tell them the date they are expected to return to work if they take their full maternity leave entitlement (Expected Return Date).
- Once the employee receives a certificate from a doctor or midwife confirming their Expected Week of Childbirth (MATB1), they must provide their employers with a copy.
- It is very important for employers to carry out a risk assessment. The purpose of this is to establish, by reference to the duties which the employee carries out, any potential or actual risks to the health and safety of the employee and their unborn baby in the job they do. For instance, if an employee works with young and unpredictable racehorses or breeding stock, this may pose a risk to them of being injured, in which case the employer should consider whether or not the employee should be given alternative duties. Additionally the extent to which they undertake heavy manual lifting or physical work which might adversely affect their unborn baby or the health of the mother should also be looked at; for instance carrying bales of hay/straw or heavy mucking out. Where there are any duties which are considered to place the employee’s health at risk, these should be discussed with the employee and, if appropriate and feasible, alternative duties substituted.
Starting maternity leave
- The earliest employees can start maternity leave is 11 weeks before the Expected Week of Childbirth (unless the child is born prematurely before that date).
- If employees want to change their Intended Start Date they need to tell their employers in writing. They should give their employers as much notice as they can, but wherever possible employees must tell their employers at least 28 days before the original Intended Start Date (or the new start date if they are bringing the date forward, see below). Employers then need to write to their employee within 28 days to tell them their new expected return date.
- Maternity leave should normally start on the Intended Start Date. However, it may start earlier if the employee gives birth before the Intended Start Date, or if they are absent for a pregnancy-related reason in the last four weeks before the Expected Week of Childbirth. In either of those cases, maternity leave will start on the following day.
- In good time before maternity leave is due to start employers need to discuss with their employee the arrangements for covering their work and the opportunities for the employee to remain in contact, should they wish to do so, during their leave.
- The law says that employers cannot allow employees to work during the two weeks following childbirth. This is the 2 weeks compulsory maternity leave.
Maternity pay
- Statutory maternity pay (SMP) is payable for up to 39 weeks provided employees have at least 26 weeks’ continuous employment with the employer at the end of the Qualifying Week and their average earnings are not less than the lower earnings limit set by the government each tax year (if in doubt, the government website here should be checked as these limits change each year). The first six weeks SMP are paid at 90% of average earnings and the remaining 33 weeks are at a rate set by the government each year (again this rate should be checked because it goes up each April).
During maternity leave
- With the exception of terms relating to pay, employees’ terms and conditions of employment remain in force during OML and AML.
- Holiday entitlement will continue to accrue during maternity leave. If an employee’s maternity leave will continue into the next holiday year, any holiday entitlement that is not taken or cannot reasonably be taken before the employee starts maternity leave can be carried over and must be taken either immediately before returning to work or within a set period of returning to work according to the employer’s policy. It is helpful if employees discuss their holiday plans with their employer in good time before starting maternity leave.
- If employees are members of a pension scheme, employers must make employer pension contributions during OML and any period of paid AML, based on the employee’s normal salary, in accordance with the pension scheme rules. Any employee contributions made by the employee will be based on the amount of any maternity pay which the employee is receiving, unless the employee informs either her employer or the Pensions Administrator that she wishes to make up any shortfall.
Keeping in touch
- Employers may make reasonable contact with employees from time to time during maternity leave although employers should endeavour to keep this to a minimum. This may include contacting the employees to discuss arrangements for their return to work.
- Employees may work (including attending training) on up to ten “keeping-in-touch” days during maternity leave. This is not compulsory and must be discussed and agreed with their employer.
- Employees will be paid at their normal basic rate of pay for time spent working on a keeping-in-touch day and this will be inclusive of any maternity pay entitlement. Alternatively, employees may agree with their employer to receive the equivalent paid time off in lieu.
Returning to work
- Employees must return to work on the Expected Return Date unless they tell their employer differently. If employees wish to return to work earlier than the Expected Return Date, they must give their employer eight weeks’ prior notice of the date. It is helpful if this notice is given in writing. Employees may be able to return later than the Expected Return Date if they request annual leave or parental leave (see Parental Leave Information), which will be at the employer’s discretion.
- Employees are normally entitled to return to work in the position they held before starting maternity leave, and on the same terms of employment. However, if the employee has taken AML and it is not reasonably practicable for the employer to allow them to return into the same position, the employer may give the employee another suitable and appropriate job on terms and conditions that are not less favourable.
- If the employee wants to change her hours or other working arrangements on return from maternity leave she should make a request in line with the statutory requirements in the Flexible Working Information. It is helpful if such requests are made as early as possible.
- If employees decide they do not want to return to work they should give notice of resignation in accordance with their contract.
Protection from Redundancy
- Employees who are pregnant, are on maternity leave or are returning from maternity have additional protections against redundancy.
- These employees have the right to be offered a suitable alternative vacancy within the business before being made redundant. Pregnant employees and those on or returning from maternity leave will have priority access to these roles over other employees who may also be at risk of redundancy.
- A suitable alternative role is one which is suitable and appropriate for the employee to do and the new terms they would be employed on are no less favourable when compared to their old job.
- This protection runs from the date on which the employee informs their employer of their pregnancy and ends 18 months from the child’s date of birth, if the employer is informed as to the child’s date of birth, or 18 months from the Expected Week of Child Birth. This 18 month protection period will include any time spent on maternity leave and could cover an employee’s return to work.
