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Registration Number: {{org_field_registration_no}}

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Maternity Leave Policy

1. Purpose and Commitment

The purpose of this policy is to outline how {{org_field_name}} supports employees before, during, and after maternity leave, ensuring they receive their legal entitlements, workplace support, and a smooth transition back to work. We are committed to fostering an inclusive and supportive environment where employees feel valued, respected, and empowered throughout their pregnancy and maternity journey.

This policy reflects the organisation’s obligations under the Employment Rights Act 1996, the Equality Act 2010, the Maternity and Parental Leave etc. Regulations 1999, the Social Security Contributions and Benefits Act 1992, the Statutory Maternity Pay (General) Regulations 1986, the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, the Workplace (Health, Safety and Welfare) Regulations 1992, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, the Neonatal Care (Leave and Pay) Act 2023, the Employment Relations (Flexible Working) Act 2023, the UK General Data Protection Regulation and the Data Protection Act 2018.

The organisation will administer pregnancy, maternity leave and maternity pay fairly, consistently and without unlawful discrimination. It will also plan staffing arrangements so that maternity absence does not compromise the safety, continuity or quality of care provided to people who use the service.

2. Scope

This policy applies to employees of {{org_field_name}}, including full-time, part-time and fixed-term employees. Statutory maternity leave is a day-one employment right and does not depend upon length of service or contracted hours.

Relevant health and safety protections, protection from pregnancy and maternity discrimination, and rights relating to antenatal appointments may also apply to workers, agency workers and apprentices. Where an individual is not an employee, the organisation will determine the rights that apply by reference to the individual’s employment status and the relevant legislation.

It covers:

• Notification of pregnancy.
• Health and safety considerations.
• Maternity leave entitlements.
• Maternity pay eligibility.
• Returning to work after maternity leave.
• Support during and after pregnancy.

The policy applies across all domiciliary care settings, ensuring consistent implementation.

Nothing in this policy removes or reduces a statutory right. Where an employee’s contract provides a more favourable entitlement, the more favourable contractual provision will apply.

3. Policy Statement

{{org_field_name}} is committed to:

• Supporting pregnant employees with their health and well-being.
• Ensuring employees understand their rights and entitlements.
• Promoting a family-friendly workplace.
• Addressing any concerns related to maternity leave without discrimination.
• Maintaining adequate and safe staffing arrangements during maternity absence.
• Ensuring maternity cover arrangements do not disadvantage the employee taking maternity leave.
• Protecting employees from pregnancy and maternity discrimination, harassment, victimisation, detriment and automatic unfair dismissal.
• Considering reasonable adjustments to duties, working patterns, travel and visit allocations where a pregnancy-related risk has been identified.
• Maintaining appropriate confidentiality and limiting access to pregnancy-related health information.

No employee will be disadvantaged in recruitment, probation, training, supervision, appraisal, promotion, allocation of work, pay review, disciplinary proceedings, redundancy selection or access to development opportunities because of pregnancy, maternity leave or the exercise of a statutory maternity right.

We believe a supportive approach promotes employee retention, job satisfaction, and overall well-being.

4. Notification of Pregnancy

4.1 Employee Notification

To qualify for statutory maternity leave, the employee must normally notify the organisation no later than the end of the 15th week before the expected week of childbirth, or as soon as reasonably practicable where this is not possible. The employee must provide:

• Confirmation that they are pregnant.
• The expected week of childbirth.
• The date on which they intend maternity leave to begin.

The employee should give the notification in writing so that the dates and arrangements are clear. For Statutory Maternity Pay purposes, the employee must also provide evidence of the expected week of childbirth, normally in the form of a MATB1 certificate issued by a doctor or midwife, within the applicable statutory timescale.

4.2 Employer Response

Within 28 days of receiving the employee’s maternity leave notification, the organisation will write to the employee confirming:

• The agreed maternity leave start date.
• The date on which the employee’s full 52-week maternity leave entitlement will end.
• The employee’s expected return-to-work date.
• The employee’s Statutory Maternity Pay entitlement, where applicable.
• Any occupational or enhanced maternity pay entitlement.
• The procedure for changing the maternity leave start date.
• The notice required if the employee wishes to return earlier than the expected return date.
• The arrangements for reasonable contact during maternity leave.

The organisation may ask the employee to provide written confirmation or medical evidence where this is permitted by law.

4.3 Changes to the Maternity Leave Start Date

An employee may change the intended maternity leave start date by giving at least 28 days’ notice before the original start date or the revised start date, whichever is earlier. Where it is not reasonably practicable to give 28 days’ notice, the employee must give notice as soon as reasonably practicable.

4.4 Confidentiality Following Early Notification

An employee may tell the organisation about their pregnancy before they are legally required to do so. Pregnancy information will be treated confidentially and will not be disclosed more widely without the employee’s agreement unless disclosure is necessary to protect health and safety, administer statutory rights or meet another legal obligation.

5. Health and Safety Considerations

5.1 Individual Pregnancy and New Mother Risk Assessment

The organisation’s general risk assessment will consider risks to women of childbearing age. Once an employee has informed the organisation in writing that they are pregnant, have given birth within the previous six months or are breastfeeding, the organisation will complete an individual risk assessment without unreasonable delay.

The assessment will be completed in consultation with the employee and will take account of any relevant advice provided by the employee’s doctor, midwife or other healthcare professional. It will be recorded, shared with the employee and reviewed regularly and whenever:

• The employee’s pregnancy progresses.
• The employee’s health or medical advice changes.
• The employee’s duties, hours, location or working arrangements change.
• A new hazard is identified.
• The employee returns to work after giving birth.
• The employee notifies the organisation that they are breastfeeding.

For domiciliary care roles, the assessment must consider, where relevant:

• Moving and handling activities.
• Lone working.
• Travelling between care visits.
• Driving for work.
• Long or irregular shifts.
• Night work.
• Fatigue and insufficient rest breaks.
• Slips, trips and falls.
• Exposure to infection.
• Exposure to hazardous substances, including cleaning products and medicines.
• Exposure to radiation or other clinical hazards.
• Challenging behaviour, violence or aggression.
• Working in private homes where environmental conditions cannot be fully controlled.
• Manual handling of equipment, shopping or mobility aids.
• Emotional stress and workload pressures.
• Access to toilets, drinking water, food and suitable rest facilities.

5.2 Control of Identified Risks

Where the individual risk assessment identifies a significant risk to the employee or their baby, the organisation will follow the statutory hierarchy below:

• First, temporarily adjust the employee’s working conditions, duties or working hours so far as is reasonable and sufficient to remove or control the risk.
• Where the risk cannot reasonably be removed in that way, offer suitable alternative work where available.
• Where suitable alternative work is offered, it will be appropriate for the employee and will be on terms and conditions that are not substantially less favourable.
• Where neither adjustment nor suitable alternative work can remove the risk, suspend the employee from work on maternity grounds for as long as necessary to protect their health and safety or that of their baby.

A maternity suspension will normally be on full pay and normal contractual benefits, provided that the employee has not unreasonably refused suitable alternative work.

5.3 Night Work

Where an employee who is pregnant or has recently given birth normally undertakes night work, the organisation will consider any specific risks identified by the individual risk assessment. Where a doctor or midwife provides a certificate stating that night work could affect the employee’s health or safety, the organisation will offer suitable daytime work on appropriate terms where this is reasonably practicable. Where suitable daytime work is not available, the employee will be suspended from work on maternity grounds on full pay for the period stated in the medical advice.

5.4 Pregnancy-Related Sickness Absence

Pregnancy-related sickness absence will be recorded separately from other sickness absence and will not be used to disadvantage the employee, trigger inappropriate absence-management action or form part of a redundancy selection assessment. The employee must continue to follow the organisation’s sickness notification procedure unless circumstances make this impracticable.

6. Maternity Leave Entitlement

6.1 Statutory Maternity Leave

All employees are entitled to up to 52 weeks’ statutory maternity leave, regardless of length of service, hours worked or level of earnings. Statutory maternity leave consists of:

• 26 weeks’ Ordinary Maternity Leave.
• 26 weeks’ Additional Maternity Leave.

6.2 Compulsory Maternity Leave

An employee must not work during the two weeks immediately following childbirth. The compulsory maternity leave period is four weeks for an employee who works in a factory. Keeping in Touch days cannot be worked during compulsory maternity leave.

6.3 Commencement of Maternity Leave

An employee may normally choose to begin maternity leave on any day from the beginning of the 11th week before the expected week of childbirth.

Maternity leave will start automatically:

• On the day after childbirth where the baby is born before the employee’s intended maternity leave start date.
• On the day after the first day of absence where the employee is absent from work wholly or partly because of pregnancy during the four weeks beginning with the Sunday at the start of the fourth week before the expected week of childbirth.

The employee must notify the organisation as soon as reasonably practicable if childbirth occurs early or if pregnancy-related absence causes maternity leave to begin automatically.

6.4 Birth Before the Expected Week of Childbirth

Where the baby is born early, maternity leave and, where applicable, Statutory Maternity Pay will begin in accordance with the statutory rules. The employee or someone acting on their behalf should notify the organisation of the date of birth as soon as reasonably practicable.

7. Maternity Pay Eligibility

7.1 Statutory Maternity Pay

An employee may qualify for up to 39 weeks’ Statutory Maternity Pay where they:

• Have been continuously employed by the organisation for at least 26 weeks continuing into the qualifying week, which is normally the 15th week before the expected week of childbirth.
• Have average weekly earnings at or above the applicable Lower Earnings Limit during the relevant calculation period.
• Provide the required notice and evidence of pregnancy.
• Have ceased work in accordance with the statutory requirements.

Statutory Maternity Pay is normally paid:

• For the first six weeks, at 90% of the employee’s average weekly earnings.
• For the following 33 weeks, at the statutory weekly rate in force at the relevant time or 90% of the employee’s average weekly earnings, whichever is lower.

The statutory rate is reviewed by the Government, usually each April. The organisation will apply the rate legally in force when payment is due rather than relying on a rate printed in this policy.

7.2 Employees Who Do Not Qualify for Statutory Maternity Pay

Where an employee does not qualify for Statutory Maternity Pay, the organisation will provide form SMP1 within the statutory timescale, explaining why Statutory Maternity Pay cannot be paid. The employee may be eligible to claim Maternity Allowance directly from the Department for Work and Pensions.

7.3 Occupational or Enhanced Maternity Pay

Where the organisation operates an occupational or enhanced maternity pay scheme, the eligibility conditions, payment arrangements, interaction with Statutory Maternity Pay and any repayment conditions will be set out in the employee’s contract or a separate written scheme.

No repayment will be required unless a clear contractual repayment provision was communicated to the employee before the enhanced payment became payable. Statutory Maternity Pay is not repayable.

7.4 Pay Increases

Any pay rise that takes effect from the beginning of the relevant Statutory Maternity Pay calculation period until the end of maternity leave will be considered in accordance with the statutory recalculation rules. The employee will not be excluded from a general pay review solely because they are pregnant or on maternity leave.

8. Antenatal Appointments

8.1 Paid Time Off for Antenatal Care

A pregnant employee is entitled to reasonable paid time off during working hours to attend antenatal appointments made on the advice of a registered doctor, registered midwife or registered nurse.

Antenatal care may include medical appointments, scans, midwife appointments, relaxation classes, parentcraft classes or other pregnancy-related care where recommended by an appropriate healthcare professional.

Except for the first appointment, the organisation may ask the employee to provide:

• A certificate confirming the pregnancy.
• An appointment card or other evidence showing that an antenatal appointment has been arranged.

The organisation will not unreasonably refuse or delay paid time off for antenatal care.

8.2 Time Off to Accompany a Pregnant Person

An eligible employee or qualifying agency worker who has a qualifying relationship with a pregnant person may request unpaid time off to accompany that person to up to two antenatal appointments. The statutory maximum is six and a half hours for each appointment.

The organisation may ask the individual to provide a signed declaration confirming:

• Their qualifying relationship with the pregnant person or expected child.
• That the purpose of the absence is to accompany the pregnant person to an antenatal appointment.
• That the appointment was made on the advice of a registered doctor, registered midwife or registered nurse.
• The date and time of the appointment.

9. Contact During Maternity Leave

Before maternity leave begins, the employee and line manager should discuss what level and method of contact would be reasonable during maternity leave. Contact arrangements may include:

• Important organisational changes.
• Changes affecting the employee’s role, team or work location.
• Promotion or development opportunities.
• Relevant vacancies.
• Redundancy consultation.
• Pay reviews.
• Training opportunities.
• Arrangements for Keeping in Touch days.
• Return-to-work planning.

Reasonable contact by the organisation does not bring maternity leave to an end. Contact will be proportionate and will respect the employee’s wishes and personal circumstances. The employee will not be disadvantaged for requesting limited contact.

10. Keeping in Touch (KIT) Days

10.1 Keeping in Touch Days

By agreement with the organisation, an employee may carry out up to 10 days’ work during statutory maternity leave without bringing maternity leave to an end or losing entitlement to Statutory Maternity Pay.

Keeping in Touch days are voluntary. The organisation is not required to offer them and the employee is not required to work them. An employee will not be subjected to detriment for accepting or refusing a Keeping in Touch day.

Any work undertaken on a calendar day will normally count as one Keeping in Touch day, even where the employee works for only part of the day. Keeping in Touch days cannot be worked during the compulsory maternity leave period.

10.2 Payment for Keeping in Touch Days

The work to be undertaken, hours, location and payment for a Keeping in Touch day must be agreed in writing before the day is worked.

Any payment will comply with the employee’s contract, the National Minimum Wage legislation and the statutory maternity pay rules. Statutory Maternity Pay may be offset against the agreed payment for the relevant week where this is lawful and has been made clear to the employee.

The organisation will confirm the total payment due before the employee agrees to work the Keeping in Touch day.

11. Returning to Work After Maternity Leave

11.1 Right to Return

An employee returning after Ordinary Maternity Leave is normally entitled to return to the same job in which they were employed before maternity leave, on terms and conditions that are no less favourable than those that would have applied had they not been absent.

An employee returning after Additional Maternity Leave is also normally entitled to return to the same job. Where it is not reasonably practicable for the organisation to permit the employee to return to the same job, the employee will be offered another job that is both suitable and appropriate in the circumstances and on terms and conditions that are no less favourable than those that would have applied had the employee not been absent.

The organisation will not treat maternity cover arrangements, avoidable organisational inconvenience or a preference to retain the maternity cover employee as sufficient reasons to deny the returning employee their statutory right.

11.2 Expected Return Date

Unless the employee gives notice that they wish to return earlier, the organisation will expect the employee to return on the date previously confirmed in writing. The employee does not need to give additional notice if returning on that confirmed date.

11.3 Early Return

An employee who wishes to return before the confirmed end of maternity leave must normally give at least eight weeks’ written notice. Where insufficient notice is given, the organisation may postpone the return date, but not beyond the end of the employee’s statutory maternity leave period.

11.4 Flexible Working Requests

An employee has a statutory right to request flexible working from the first day of employment. A request may relate to hours, times of work, working pattern or place of work.

Statutory flexible working requests will be considered in accordance with the organisation’s Flexible Working Policy and applicable legislation. The organisation will:

• Consult the employee before refusing a statutory request.
• Consider the request reasonably and without discrimination.
• Reach a decision within the statutory decision period unless an extension is agreed.
• Refuse a request only for one or more permitted statutory business reasons.

A request will not be rejected solely because it follows maternity leave. The organisation will also consider whether refusing a working arrangement could amount to indirect sex discrimination.

11.5 Phased Return

A phased return may be agreed to support the employee’s transition back to work. The arrangement should specify:

• The duration of the phased return.
• Working days and hours.
• Temporary adjustments to duties.
• Pay arrangements.
• Use of accrued annual leave.
• Review dates.

A phased return is not automatically a statutory entitlement unless required as a reasonable adjustment in connection with a disability. Any agreed arrangement will be confirmed in writing.

12. Employment Terms During Maternity Leave

12.1 Continuity and Contractual Benefits

During maternity leave, the employee’s contract of employment continues except for terms relating to normal remuneration. Contractual benefits will continue where required by law and the employee will remain bound by continuing contractual obligations, including confidentiality.

12.2 Annual Leave

Statutory annual leave and any contractual annual leave entitlement will continue to accrue throughout Ordinary and Additional Maternity Leave.

The employee and line manager should agree, where reasonably practicable, how accrued annual leave will be taken before or after maternity leave. Annual leave cannot normally be taken at the same time as maternity leave. The organisation will permit statutory leave that could not reasonably be taken because of maternity leave to be carried forward in accordance with the law.

12.3 Bank Holidays

Where bank holidays form part of the employee’s contractual annual leave entitlement, they will continue to accrue during maternity leave in accordance with the employee’s contract and applicable law.

12.4 Pension Contributions

Pension contributions during paid maternity leave will be dealt with in accordance with the pension scheme rules and statutory requirements. Employer contributions will normally be based on the employee’s normal pensionable pay where required, while employee contributions will normally be based on the pay actually received. The organisation will explain how any period of unpaid maternity leave affects pension contributions.

12.5 Training, Appraisal and Promotion

An employee on maternity leave will continue to be informed of significant training, promotion and career-development opportunities where appropriate. The employee will not be excluded from consideration because they are on maternity leave.

13. Support During and After Pregnancy

13.1 Mental Health Support

We recognise the emotional challenges associated with pregnancy and parenthood. Support includes:

• Access to an Employee Assistance Programme where provided by the organisation.
• Access to trained mental health support where available.
• Reasonable and mutually agreed contact with the line manager.
• Signposting to external specialist support.

Any pregnancy-related mental health condition will be handled sensitively and in accordance with the organisation’s sickness absence, equality and health and safety procedures. Where the condition may meet the legal definition of disability, the organisation will consider reasonable adjustments.

13.2 Breastfeeding and Expressing Milk

An employee returning to work while breastfeeding should notify their line manager in writing as early as reasonably practicable so that an individual risk assessment and suitable arrangements can be considered.

The organisation will:

• Review the employee’s individual risk assessment.
• Provide suitable rest facilities.
• Provide access to a hygienic and private space, other than a toilet, where the employee can express milk.
• Consider suitable arrangements for the safe storage of expressed milk.
• Consider reasonable requests for breaks or temporary changes to working arrangements.
• Take account of travel between care visits and the availability of facilities when allocating work.

Arrangements will be discussed with the employee and confirmed in writing. No employee will be treated unfavourably because they are breastfeeding.

13.3 Miscarriage Before the End of the 24th Week of Pregnancy

Where a pregnancy ends before the end of the 24th week of pregnancy, statutory maternity leave and Statutory Maternity Pay will not normally apply. Any medically certified absence will be managed under the Sickness Absence Policy and will be recorded as pregnancy-related sickness where appropriate.

The organisation may also provide compassionate or bereavement leave in accordance with the Compassionate Leave Policy. The employee will be offered a sensitive discussion about available support and a safe return to work.

13.4 Stillbirth From the Beginning of the 24th Week of Pregnancy

Where a baby is stillborn from the beginning of the 24th week of pregnancy, the employee remains entitled to statutory maternity leave and may qualify for Statutory Maternity Pay in the usual way. The organisation will handle all communication sensitively and will discuss contact, bereavement support and return-to-work arrangements with the employee.

13.5 Death of a Baby After Birth

Where a baby is born alive and later dies, the employee remains entitled to statutory maternity leave and may qualify for Statutory Maternity Pay. The employee may also qualify for Parental Bereavement Leave and Statutory Parental Bereavement Pay. The organisation will provide information about the applicable rights and available support.

13.6 Confidentiality and Communication Following Loss

The employee will be asked how they wish colleagues to be informed, if at all. Information will not be shared more widely than necessary without the employee’s agreement.

14. Neonatal Care Leave and Pay

14.1 Neonatal Care Leave

An eligible employee whose baby receives qualifying neonatal care may be entitled to statutory Neonatal Care Leave in addition to maternity leave and other family-related leave.

Neonatal Care Leave is a day-one leave right. Subject to the statutory conditions, an eligible employee may accrue one week of Neonatal Care Leave for each qualifying week that the baby receives neonatal care, up to a maximum of 12 weeks.

14.2 Qualifying Neonatal Care

The statutory entitlement will be determined in accordance with the neonatal care legislation in force at the relevant time. This normally requires neonatal care to begin within the prescribed period following birth and to continue for the minimum qualifying period.

14.3 Interaction With Maternity Leave

A mother cannot interrupt maternity leave to take Neonatal Care Leave. Accrued Neonatal Care Leave will normally be taken after maternity leave or another applicable period of statutory family leave, subject to the statutory time limit.

14.4 Statutory Neonatal Care Pay

An employee may qualify for Statutory Neonatal Care Pay where the statutory service, earnings, notice and evidence conditions are met. Payment will be made at the statutory rate in force at the relevant time or 90% of average weekly earnings, whichever is lower.

14.5 Notice and Evidence

The organisation will apply the statutory notice rules flexibly and sensitively, particularly while a baby is receiving neonatal care. The employee must provide the information and declarations reasonably required to establish eligibility.

14.6 Protection From Detriment

An employee will not be subjected to detriment or dismissal because they requested or took Neonatal Care Leave. Employment rights, including annual leave accrual, pay-rise protection and return-to-work rights, will be maintained in accordance with the legislation.

15. Redundancy Protection

15.1 Redundancy Protection During Pregnancy and After Maternity Leave

An employee will not be selected for redundancy because of pregnancy, pregnancy-related absence, maternity leave or the exercise of a maternity-related right.

Where the statutory conditions are met, the employee’s redundancy protected period will normally begin when the employee informs the organisation of the pregnancy. Protection will continue during maternity leave and, following maternity leave, until 18 months after the child’s date of birth.

Where the pregnancy ends before the employee becomes entitled to statutory maternity leave, the protected period will be determined in accordance with the applicable legislation.

15.2 Suitable Alternative Vacancies

Where the employee’s role is redundant during the statutory protected period and a suitable alternative vacancy exists within the organisation or an associated employer, the organisation will offer that vacancy to the protected employee before the end of the existing contract.

The employee is not merely entitled to apply or be interviewed competitively for a suitable alternative vacancy. Where the statutory priority right applies, the vacancy must be offered to the employee.

The alternative role must be suitable and appropriate and its location, capacity and terms and conditions must not be substantially less favourable than those of the employee’s previous role.

15.3 Redundancy Consultation

Pregnancy or maternity leave does not prevent genuine redundancy consultation. The organisation will:

• Keep the employee informed of proposals.
• Consult meaningfully and at a time and in a manner that enables participation.
• Provide access to the same relevant information as other affected employees.
• Consider suitable methods of consultation where the employee is absent.
• Apply objective selection criteria that do not disadvantage the employee because of pregnancy or maternity absence.
• Consider suitable alternative employment across the organisation and any associated employers.

Selection criteria based on attendance, flexibility, recent performance data or availability for work will be adjusted where necessary to prevent pregnancy or maternity absence causing unlawful disadvantage.

16. Confidentiality and Data Protection

16.1 Confidentiality

Information about pregnancy, maternity, health, medical appointments, risk assessments, pregnancy loss and neonatal care will be treated confidentially. It will be shared only with people who need the information to administer the employee’s rights, protect health and safety, arrange appropriate staffing or meet a legal obligation.

16.2 Data Protection

The organisation will process pregnancy, maternity and health information in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and the organisation’s Data Protection Policy.

Health information is special category personal data and will be:

• Collected only where there is a lawful basis and an applicable condition for processing.
• Limited to information that is relevant and necessary.
• Kept accurate and up to date.
• Stored securely.
• Accessible only to authorised persons.
• Retained only for the required legal, payroll, employment and health and safety periods.
• Disposed of securely when no longer required.

17. Addressing Discrimination and Harassment

17.1 Protection From Discrimination, Detriment, Harassment and Victimisation

The organisation prohibits unlawful pregnancy and maternity discrimination, sex discrimination, harassment, victimisation and detrimental treatment.

Protection includes, but is not limited to:

• Recruitment and job offers.
• Probation.
• Allocation of duties and care visits.
• Working hours and shift allocation.
• Training and qualification opportunities.
• Supervision and appraisal.
• Promotion.
• Pay and benefits.
• Sickness and attendance management.
• Disciplinary action.
• Redundancy selection.
• Return-to-work arrangements.
• Flexible working requests.

Pregnancy and maternity discrimination does not require a comparator. A decision must not be influenced by assumptions about an employee’s commitment, reliability, attendance, availability or future childcare arrangements.

17.2 Reporting and Investigation Employees can report concerns through:

• Line managers or HR representatives.
• Anonymous reporting channels.
• Formal grievance procedures.

All reports are investigated promptly, and appropriate action is taken.

18. Monitoring and Continuous Improvement

18.1 Monitoring

The organisation will monitor the implementation of this policy to identify inconsistent decision-making, unlawful disadvantage and workforce risks. Monitoring may include:

• Completion and review of pregnancy risk assessments.
• Timeliness of written maternity confirmations.
• Staffing and continuity arrangements during maternity absence.
• Access to training, appraisal and promotion.
• Flexible working outcomes.
• Return-to-work and retention information.
• Grievances or complaints relating to pregnancy and maternity.
• Redundancy decisions affecting employees in a protected period.

Monitoring information will be anonymised or aggregated wherever practicable.

The registered manager will ensure that maternity absence is incorporated into workforce planning. The service must continue to have enough suitably qualified, competent, skilled and experienced staff to meet people’s needs safely. Maternity absence must not result in missed visits, unsafe call durations, inappropriate use of untrained staff or failures in continuity of care.

18.2 Continuous Improvement

Insights from reviews inform policy updates, staff training, and the enhancement of support structures.

19. Roles and Responsibilities

Employees are responsible for:

• Giving the required notification and evidence as soon as reasonably practicable.
• Informing the organisation of relevant changes.
• Participating in risk assessments.
• Following reasonable health and safety controls.
• Discussing intended leave and return arrangements.

Line managers are responsible for:

• Responding sensitively and maintaining confidentiality.
• Referring notification promptly to HR or payroll.
• Arranging and reviewing individual risk assessments.
• Avoiding discriminatory assumptions or decisions.
• Maintaining reasonable contact.
• Planning safe maternity cover and return arrangements.

The registered manager is responsible for:

• Ensuring safe staffing and continuity of care.
• Monitoring the effect of maternity absence on the regulated service.
• Ensuring that temporary or replacement staff are competent, trained and appropriately supervised.
• Escalating material staffing risks through the organisation’s governance arrangements.

HR or the authorised employment lead is responsible for:

• Confirming statutory and contractual entitlements.
• Advising managers on complex cases.
• Monitoring legislative developments.
• Supporting fair and consistent application.

Payroll is responsible for:

• Calculating Statutory Maternity Pay accurately.
• Applying current statutory rates.
• Issuing form SMP1 where required.
• Maintaining appropriate payroll records.

20. Record Keeping

The organisation will retain appropriate records relating to:

• Maternity notifications.
• MATB1 certificates or other statutory evidence.
• Written confirmation of maternity leave dates.
• Statutory and occupational maternity pay calculations.
• Risk assessments and reviews.
• Agreed adjustments.
• Keeping in Touch days and payments.
• Flexible working applications.
• Redundancy consultation and suitable alternative vacancy searches.
• Return-to-work arrangements.

Records will be complete, accurate, secure, accessible only to authorised persons and retained in accordance with legal requirements and the organisation’s retention schedule.

21. Related Policies

• Adoption Leave Policy.
• Paternity Leave Policy.
• Shared Parental Leave Policy.
• Neonatal Care Leave and Pay Policy, where maintained separately.
• Parental Bereavement Leave Policy.
• Flexible Working Policy.
• Sickness Absence Policy.
• Health and Safety Policy.
• New and Expectant Mothers Risk Assessment Procedure.
• Equality, Diversity and Inclusion Policy.
• Grievance Policy.
• Compassionate Leave Policy.
• Data Protection Policy.
• Records Retention Policy.
• Business Continuity and Staffing Contingency Policy.
• Lone Working Policy.
• Moving and Handling Policy.
• Infection Prevention and Control Policy.

22. Compliance and Policy Review

22.1 Legal and Regulatory Framework

This policy will be interpreted and applied in accordance with legislation and regulatory guidance in force at the relevant time, including, where applicable:

• Employment Rights Act 1996.
• Equality Act 2010.
• Maternity and Parental Leave etc. Regulations 1999.
• Social Security Contributions and Benefits Act 1992.
• Statutory Maternity Pay (General) Regulations 1986.
• Employment Relations Act 1999.
• Employment Relations (Flexible Working) Act 2023.
• Protection from Redundancy (Pregnancy and Family Leave) Act 2023.
• Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024.
• Neonatal Care (Leave and Pay) Act 2023 and associated regulations.
• Health and Safety at Work etc. Act 1974.
• Management of Health and Safety at Work Regulations 1999.
• Workplace (Health, Safety and Welfare) Regulations 1992.
• UK General Data Protection Regulation.
• Data Protection Act 2018.
• Health and Social Care Act 2008.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, particularly Regulation 17 and Regulation 18.
• Relevant ACAS, HSE, HMRC, Department for Business and Trade and CQC guidance.

22.2 Policy Review

This policy will be reviewed at least annually and sooner where:

• Employment legislation changes.
• Statutory payment rates change.
• CQC or HSE guidance changes.
• An employment tribunal or court decision affects the interpretation of maternity rights.
• Internal audit identifies a weakness.
• A grievance, complaint, incident or workforce shortage identifies that the policy is not being applied effectively.

Changes will be approved through the organisation’s governance process and communicated to managers, payroll staff and employees.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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