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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Maternity Leave Policy

1. Purpose This policy outlines {{org_field_name}}’s approach to supporting employees before, during, and after maternity leave while ensuring compliance with CQC regulations, the Equality Act 2010, the Employment Rights Act 1996, and the Maternity and Parental Leave Regulations 1999. The policy ensures that all employees are treated fairly, have access to their statutory rights, and receive appropriate workplace support during pregnancy and maternity leave.

2. Scope This policy applies to all employees of {{org_field_name}}, including full-time, part-time, temporary, and agency workers who meet the eligibility criteria for maternity leave and pay. It covers entitlement, workplace support, risk assessments, flexible working arrangements, and return-to-work procedures.

3. Legal and Regulatory Framework

• Equality Act 2010: Protects employees from discrimination related to pregnancy and maternity.
• Employment Rights Act 1996: Guarantees maternity leave rights and protection from unfair dismissal.
• Maternity and Parental Leave Regulations 1999: Defines maternity leave entitlements.
• Health and Safety at Work Act 1974: Ensures risk assessments and a safe working environment for pregnant employees.
• CQC Regulations: Requires fair and inclusive employment practices for all staff, including those on maternity leave.

4. Maternity Leave Entitlement

• Statutory Maternity Leave (SML):
  • Employees are entitled to up to 52 weeks of maternity leave, regardless of length of service.
  • Leave consists of 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML).
  • Employees must take at least two weeks’ compulsory leave immediately after birth (or four weeks for care home workers).
• Statutory Maternity Pay (SMP):
  • Employees must have been employed at {{org_field_name}} for at least 26 weeks before the 15th week before the expected week of childbirth to qualify.
  • SMP is paid for 39 weeks:
    • First 6 weeks: 90% of average weekly earnings.
    • Next 33 weeks: Either 90% of earnings or the statutory rate (whichever is lower).
    • Remaining 13 weeks: Unpaid leave (if taken).
  • Employees must provide 28 days’ notice and submit a MATB1 form from their doctor/midwife.

5. Notifying the Employer

• Employees must inform their line manager or HR by the 15th week before the expected week of childbirth.
• Notification must include:
  • Expected due date.
  • Intended start date of maternity leave.
  • Submission of the MATB1 form.
• HR will confirm the maternity leave start and end dates in writing within 28 days.

6. Risk Assessments and Workplace Adjustments

• Pregnancy Risk Assessments:
  • Conducted upon notification of pregnancy to ensure workplace safety.
  • Identifies any risks related to lifting, standing for long periods, exposure to infections, and other hazards.
• Adjustments:
  • Temporary role modifications (e.g., reduced physical workload).
  • Adjusted working hours or additional breaks.
  • Remote work where possible.
  • Alternative duties if current role poses health risks.
• If risks cannot be mitigated, the employee may be offered alternative work or placed on paid suspension.

7. Antenatal Appointments

• Employees are entitled to paid time off for antenatal care.
• Proof of appointments may be required after the first session.
• Partners have the right to unpaid leave for two antenatal appointments.

8. Keeping in Touch (KIT) Days

• Employees can work up to 10 Keeping in Touch (KIT) days during maternity leave without affecting SMP.
• KIT days are optional and must be agreed upon between the employee and management.
• KIT days can be used for training, meetings, or phased return-to-work preparation.
• Employees will be paid their normal rate for KIT days worked.

9. Returning to Work

• Employees must provide at least 8 weeks’ notice if returning earlier than planned.
• After 26 weeks’ leave or less, employees have the right to return to their previous role.
• After more than 26 weeks, employees have the right to return to either their original role or a suitable alternative.
• HR will offer a return-to-work meeting to discuss any necessary support or adjustments.

10. Flexible Working Requests

• Employees returning from maternity leave have the right to request flexible working arrangements, such as:
  • Part-time hours.
  • Job sharing.
  • Hybrid working (if applicable).
• Requests must be made in writing and will be considered based on business needs and operational requirements.

11. Redundancy and Maternity Protection

• Employees on maternity leave must not be selected for redundancy due to pregnancy or leave.
• If redundancy occurs, the employee has the right to be offered a suitable alternative role where available.
• Employees are entitled to redundancy pay if eligible under statutory redundancy rules.

12. Protection from Discrimination

• Any form of discrimination, unfair treatment, or harassment related to pregnancy or maternity is strictly prohibited.
• Employees can raise concerns through HR or the grievance procedure.
• Reports of discrimination will be investigated in line with the CH31-Disciplinary and Grievance Policy.

13. Support and Well-being

• HR will provide guidance and emotional support for employees before, during, and after maternity leave.
• Access to mental health support, employee assistance programmes (EAPs), and peer support groups will be available.
• Managers will maintain open communication to ensure employees feel supported throughout maternity leave and their return.

14. Related Policies

• CH30-Equality, Diversity, and Inclusion Policy
• CH16-Health and Safety at Work Policy
• CH33-Staff Leave and Absence Policy
• CH27-Staff Supervision, Training, and Development Policy
• CH31-Disciplinary and Grievance Policy

15. Policy Review

• This policy will be reviewed annually or earlier if required by changes in employment law, CQC regulations, or business needs.
• Amendments will be made to ensure continued compliance and best practice.

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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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.