For employers, understanding the rights associated with maternity leave is essential to ensure they meet their legal obligations and support their employees. This guide looks at the key aspects of maternity leave and helps employers to navigate this complex area with confidence.
Understanding Maternity Leave Entitlements
Eligible employees are entitled to up to 52 weeks of maternity leave which is divided into:
Ordinary Maternity Leave (OML): The first 26 weeks.
Additional Maternity Leave (AML): The following 26 weeks.
All pregnant employees, regardless of their length of service, are entitled to take up to 52 weeks of maternity leave. However, it’s important to note that employees are not obliged to take the full 52 weeks. Should they choose to do so, employees can return to work after a shorter period provided they meet the legal minimum requirement of two weeks’ compulsory maternity leave (or four weeks for those who work in a factory) immediately following the birth.
Statutory Maternity Pay (SMP)
In addition to maternity leave, employees who meet the set eligibility criteria are entitled to Statutory Maternity Pay (SMP). Current legislation states that in order to qualify for SMP employees must have:
- Been employed continuously by their employer for at least 26 weeks including the 15th week before their Expected Week of Childbirth
- Earned at least the lower earnings limit for National Insurance contributions
- Stopped work because of pregnancy
Eligible employees can receive SMP for up to 39 weeks, and SMP is paid as follows:
First 6 weeks: 90% of the employee’s average weekly earnings.
Remaining 33 weeks: The prevailing SMP rate per week or 90% of their average weekly earnings, whichever is lower.
For more detailed information on eligibility and calculations, employers can refer to the official UK government guidelines on maternity pay and leave here.
Notification Requirements
To ensure a smooth process, it is essential that employees notify their employer of their pregnancy and intention to take maternity leave as soon as they feel comfortable in sharing the news of their pregnancy. The law requires that employees provide the following information at least 15 weeks before their expected due date:
- Expected week of childbirth
- The intended start date of maternity leave
Employees are also required to provide a MATB1 certificate to their employers, which is usually issued by their doctor or midwife around the 20th week of pregnancy.
Employers should acknowledge the employee’s notification in writing within 28 days, confirming the agreed start and end dates of their maternity leave.
Keeping in Touch Days (KIT Days)
During maternity leave, employees can work up to 10 Keeping in Touch (KIT) days without affecting their entitlement to SMP. These days are voluntary and must be agreed upon by both the employer and employee. KIT days can be useful for training, attending meetings, or simply staying connected with work and colleagues.
Returning to Work
Employees have the right to return to the same job after their maternity leave if they have only taken OML. If they take AML, they have the right to return to the same job, or if that is not reasonably practicable, to a similar job on no less favourable terms and conditions.
Employers should communicate with employees during their maternity leave to discuss their return to work plans. This can include flexible working requests, changes in working hours, or any adjustments that may be needed to accommodate the employee’s needs as a new parent.
Other Considerations for Employers
To ensure compliance with maternity leave regulations and to create a supportive work environment, employers should also be aware of the following.
Pregnancy Risk Assessment – Employers are legally obliged to complete a pregnancy risk assessment once their employee has made them aware of the pregnancy and it is good practice to regularly review the risk assessment as the pregnancy progresses. This ensures that the expectant employee and their unborn child are protected from any workplace risks such as heavy lifting or exposure to harmful chemicals.
Antenatal Appointments – Pregnant employees are entitled to take reasonable, paid time off work to attend antenatal appointments – these include medical appointments related to pregnancy, classes for pregnancy related health, fitness or relaxation and sessions that support mental health and wellbeing. After the first antenatal appointment, employers can ask for proof of appointments if required.
Illness During Pregnancy – Any sickness absence which is a direct result of pregnancy must not be counted towards any company absence triggers. Employers and employees should also be aware that if the employee is off work because of a pregnancy related illness within 4 weeks of the due date, then maternity leave begins automatically. This is unless the employer and employee mutually agree otherwise. The employee’s wellbeing should take priority though and if necessary medical advice should be sought.
Holidays – Employees continue to accrue holiday entitlement during maternity leave but annual leave cannot be taken at the same time as maternity leave. Employees often take accrued annual leave after their maternity leave has finished as financially it is often more beneficial for them.
Navigating the requirements placed on employers when it comes to maternity processes can be challenging. It is good practice therefore for employers to have a detailed maternity policy so that employees are aware of their entitlements and the various processes involved. Having such a policy also ensures that each employee is treated fairly and consistently in the event of their pregnancy which helps employers to prevent discrimination.
Do you have any questions about today’s blog, need help in becoming legally compliant with contracts/policies or can we support you in taking away any people pains to give you peace of mind?
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Why not also check out last weeks blog Bereavement and Compassionate Leave
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