Maternity Leave
This policy sets out the rights and responsibilities of employees who are expecting babies, the help and support the [Company/Organization] will give them, and the law which provides the foundation for issues about pregnancy and maternity.
Workforce Solution
Introduction
As soon as you know that you are pregnant, you should tell [insert name and/or job title of person(s) to contact as appropriate]. This is in your own interests, and ensures that we can take any necessary steps to look after your health and safety and that of your baby.
Early notice also allows us to let you know what your rights will be to maternity leave and pay.
When telling us that you are pregnant, it would be helpful if you could obtain evidence of your expected week of childbirth from a registered medical practitioner as soon as possible and give it to [insert name and/or job title of person(s) to contact as appropriate].
Paid Time Off
Maternity and Paternity Leave are a bit different from other types of Paid Time Off
Employee's Maternity-related Rights
Once you are pregnant you have certain rights under the law, some of which depend on how long you have been employed by the [Company/Organisation].
These rights are as follows:
- The right to (paid) time off work for antenatal care (see section 3.1)
- The right not to be dismissed on account of pregnancy or maternity leave (see section 3.2)
- The right to be suspended on full pay if your pregnancy makes you unable to carry out your normal job and alternative work is not available (see section 3.3)
- The right to be paid statutory maternity pay (subject to certain conditions: see section 3.4)
- The right to take maternity leave and return to work
These rights are available to all female employees, regardless of whether they work full- or part-time (see section 3.5)
Information for you and your family
The right to be suspended on full pay if unable to carry out normal duties where there is no other suitable alternative work available
If, following an assessment of your condition and the work that you are normally expected to do, the [Company/Organisation] agrees that you are unable to carry out your usual work, it will either try and make amendments to the work or working conditions, or, if this is not possible, look for suitable alternative work for you. This will only be necessary where the work may cause harm to you/your baby. It is possible that any readjustments of your work may last until you take maternity leave. [see note 1]
If, despite its best efforts, the [Company/Organisation] cannot find suitable work for you to do, you will be suspended from work on full pay until the risks to you/your baby's health has passed or suitable alternative work becomes available.
These provisions do not apply where your doctor has signed you off sick, but only where you are able to come to work but unable to carry out your particular job duties.
If you are suspended in these circumstances, you will still retain your entitlement to statutory maternity pay (if eligible) and your right to return to work after maternity leave.
The right to receive statutory maternity pay
You will be eligible for statutory maternity pay (SMP) if you have at least 26 weeks' continuous service by the end of the 15th week before the expected week of childbirth (EWC) ("the qualifying week"), and average weekly earnings in the eight weeks up to and including the qualifying week of at least the lower earnings limit for Class 1 National Insurance contributions. [see note 2]
If you qualify for SMP, it is usually paid for a period of up to 26 weeks. Rates are fixed by law and are subject to tax and National Insurance deductions. Full details of the rates of SMP and how and when it may be paid may be obtained from [insert name and/or job title of person(s) to contact as appropriate].
If you qualify for SMP and your EWC begins on or after 1 April 2007, SMP will usually be paid for a period of up to 39 weeks. Rates are fixed by law and are subject to tax and National Insurance deductions. Full details of the rates of SMP and how and when it may be paid may be obtained from [insert name and/or job title of person to contact as appropriate].
The right to take maternity leave and return to work
All pregnant employees have the right to take 26 weeks' maternity leave and then return to work. This 26-week period is known as ordinary maternity leave (OML). This right applies to all female employees regardless of their length of service or the number of hours they work per week.
All pregnant employees whose EWC begins on or after 1 April 2007 are entitled to take up to 52 weeks' maternity leave (i.e. 26 weeks of OML plus 26 weeks' additional maternity leave (AML)) and then return to work after the end of their AML. This right applies to all female employees regardless of their length of service or the number of hours they work per week.
During this statutory maternity leave period, the [Company/Organisation] will maintain all contractual rights except for pay. Employees will receive SMP instead, provided they meet the qualifying requirements.
In order to qualify for statutory maternity leave, you must provide us with written notification stating both:
- That you are pregnant
- The date, in writing, on which you would like to begin your maternity leave You must also provide a medical certificate stating the expected week of childbirth.
This notification must be received no later than the end of the 15th week before the EWC, subject to this being reasonably practicable.
We will reply to you within 28 days of receiving your notification and let you know the date on which your maternity leave period will end and when you will be expected back at work.
Changing the date of the start of your maternity leave
If you need to change the date on which you wish to start your maternity leave after you have already notified us, you may do so but you should try to do so at least:
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