{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

---

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 employees of {{org_field_name}}, including full-time, part-time, fixed-term and temporary employees, who are pregnant or who are taking, or intend to take, maternity leave.

Statutory Maternity Leave is an employment right and applies to individuals who have the legal status of employee and who comply with the statutory notification requirements. There is no minimum length-of-service requirement for Statutory Maternity Leave.

Agency workers and other workers who do not have employee status do not normally qualify for Statutory Maternity Leave. However, depending on their circumstances and employment status, they may have separate statutory rights relating to Statutory Maternity Pay, antenatal appointments, protection from pregnancy and maternity discrimination and health and safety protection. Pregnant agency and temporary workers will be afforded the health and safety protections required by law.

This policy covers maternity leave and pay, notification requirements, antenatal appointments, pregnancy and new-mother risk assessments, workplace adjustments, Keeping in Touch days, return-to-work arrangements, flexible-working requests, redundancy protection and protection from discrimination.

3. Legal and Regulatory Framework

{{org_field_name}} will apply this policy in accordance with the legislation and regulatory requirements in force in England, including:

• Equality Act 2010 – protects workers and employees against unlawful discrimination because of pregnancy or maternity and provides wider protection against sex discrimination where applicable.
• Employment Rights Act 1996 – provides statutory employment protections connected with maternity leave, health and safety suspension, flexible working, redundancy and unfair dismissal.
• Maternity and Parental Leave etc. Regulations 1999, as amended – set out the statutory maternity leave entitlement, notification requirements, compulsory maternity leave, rights during maternity leave and return-to-work protections.
• Social Security Contributions and Benefits Act 1992 and Statutory Maternity Pay (General) Regulations 1982, as amended – govern entitlement to and payment of Statutory Maternity Pay.
• Employment Relations (Flexible Working) Act 2023 and the Employment Rights Act 1996, as amended – provide the statutory right for employees to request flexible working from the first day of employment and regulate the handling of those requests.
• Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and associated regulations – provide extended redundancy protection during pregnancy and following maternity leave.
• Health and Safety at Work etc. Act 1974 – places general duties on the employer to protect the health, safety and welfare of workers.
• Management of Health and Safety at Work Regulations 1999, particularly Regulations 16 to 18 – require the assessment and management of risks affecting pregnant workers, workers who have recently given birth and workers who are breastfeeding.
• Workplace (Health, Safety and Welfare) Regulations 1992 – include requirements relating to suitable rest facilities for pregnant and breastfeeding workers.
• Agency Workers Regulations 2010 – provide qualifying agency workers with specified rights, including rights relating to paid time off for antenatal appointments once the statutory qualifying conditions have been met.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, as amended – Regulation 17: Good governance – requires {{org_field_name}} to operate effective systems and processes to assess, monitor and mitigate risks and to maintain accurate and appropriate records relating to staff and the management of the regulated activity.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, as amended – Regulation 18: Staffing – requires {{org_field_name}} to ensure that sufficient numbers of suitably qualified, competent, skilled and experienced staff are deployed to meet people’s care and treatment needs safely. Maternity absence must therefore be managed through appropriate workforce planning without adversely affecting the safety of people using the service.

Nothing in this policy removes or reduces any statutory entitlement. Where legislation provides a more favourable right than wording contained in this policy, the statutory provision will apply.

4. Maternity Leave Entitlement

Statutory Maternity Leave

• An employee is entitled to up to 52 weeks of Statutory Maternity Leave regardless of their length of service, provided that the statutory notification requirements are met.
• Statutory Maternity Leave consists of:
  • 26 weeks of Ordinary Maternity Leave; and
  • 26 weeks of Additional Maternity Leave.
• The earliest an employee can normally start Statutory Maternity Leave is the beginning of the 11th week before the expected week of childbirth, unless the baby is born before that date.
• Maternity leave will start automatically where the baby is born before the employee’s notified maternity leave start date.
• Maternity leave will also start automatically where the employee is absent from work wholly or partly because of pregnancy after the beginning of the fourth week before the expected week of childbirth, in accordance with the statutory rules.
• An employee must not work during the compulsory maternity leave period of two weeks beginning with the day on which childbirth occurs. The four-week compulsory maternity leave period applies only to factory workers and does not apply merely because an employee works in a care home.

Statutory Maternity Pay

An employee will qualify for Statutory Maternity Pay where they satisfy the statutory eligibility conditions in force at the relevant time. These include that the employee:

• has been continuously employed by {{org_field_name}} for at least 26 weeks continuing into the qualifying week, which is the 15th week before the expected week of childbirth;
• has average weekly earnings at or above the statutory Lower Earnings Limit applicable for Statutory Maternity Pay;
• gives the required notice of the date on which they wish Statutory Maternity Pay to begin; and
• provides acceptable evidence of the expected week of childbirth.

Statutory Maternity Pay is payable for up to 39 weeks:

• for the first six weeks, at 90% of the employee’s average weekly earnings;
• for the following 33 weeks, at the statutory weekly rate or 90% of the employee’s average weekly earnings, whichever is lower; and
• any remaining period of Statutory Maternity Leave after Statutory Maternity Pay has ended is unpaid unless {{org_field_name}} provides an applicable contractual entitlement.

For the 2026/27 tax year, the standard statutory weekly rate for the final 33 weeks of Statutory Maternity Pay is £194.32 or 90% of average weekly earnings, whichever is lower. Statutory rates are reviewed by Government and the rate applying at the time of payment will be used.

Where an employee does not qualify for Statutory Maternity Pay, {{org_field_name}} will provide form SMP1 within the statutory timescale and the employee may be able to claim Maternity Allowance from the Government.

5. Notifying the Employer

An employee who intends to take Statutory Maternity Leave must notify their line manager or HR no later than the end of the 15th week before the expected week of childbirth, or as soon as reasonably practicable where it was not reasonably practicable to provide notification by that date.

The employee must tell {{org_field_name}}:

• that they are pregnant;
• the expected week of childbirth; and
• the date on which they intend their maternity leave to start.

{{org_field_name}} may require the maternity leave notification to be provided in writing.

The employee may change their intended maternity leave start date by giving at least 28 days’ notice before the earlier of the original start date and the new proposed start date, unless it is not reasonably practicable to give that notice.

Within 28 days of receiving the employee’s maternity leave notification, {{org_field_name}} will confirm in writing the expected date on which the employee’s full 52-week Statutory Maternity Leave entitlement will end.

A MATB1 certificate is not required in order to establish entitlement to Statutory Maternity Leave. However, evidence of pregnancy is required for Statutory Maternity Pay.

To claim Statutory Maternity Pay, the employee must:

• give at least 28 days’ notice of the date on which they wish Statutory Maternity Pay to start, unless it is not reasonably practicable to give that notice; and
• provide acceptable evidence of the expected week of childbirth, normally a MATB1 certificate or other acceptable evidence from a doctor or midwife, within the applicable statutory timescale.

If {{org_field_name}} determines that the employee does not qualify for Statutory Maternity Pay, it will provide form SMP1 and explain the reason within the statutory timescale.

6. Risk Assessments and Workplace Adjustments

{{org_field_name}} will manage health and safety risks affecting pregnant workers, workers who have given birth within the previous six months and workers who are breastfeeding in accordance with the Management of Health and Safety at Work Regulations 1999 and associated health and safety legislation.

General and Individual Risk Assessments

{{org_field_name}}’s general workplace risk assessment will consider risks that may affect women of childbearing age, pregnant workers and new mothers.

When a worker informs {{org_field_name}} in writing that they are pregnant, have given birth within the previous six months or are breastfeeding, {{org_field_name}} will carry out an individual risk assessment covering the worker’s specific circumstances and duties.

The assessment will take account of:

• any relevant medical advice provided by the worker’s doctor or midwife;
• manual handling, lifting and carrying;
• prolonged standing or sitting;
• working hours, shift patterns and night work;
• fatigue and access to suitable rest breaks;
• exposure to infectious diseases and biological agents;
• exposure to hazardous substances;
• work-related stress;
• violence, aggression and lone working;
• slips, trips and falls;
• temperature and other environmental conditions; and
• any other hazard arising from the worker’s role, workplace or individual circumstances.

The individual risk assessment will be recorded, discussed with the worker and reviewed regularly throughout the pregnancy and whenever there is a significant change to the pregnancy, medical advice, duties, working conditions or workplace. It will also be reviewed where relevant following childbirth and while the worker is breastfeeding.

Action Where a Significant Risk Is Identified

Where a significant risk to the worker or their child is identified, {{org_field_name}} will first take all reasonably practicable steps to remove or adequately control the risk.

Where the risk cannot adequately be controlled, {{org_field_name}} will apply the statutory sequence below:

1. Adjust the worker’s working conditions or hours for as long as necessary to avoid the risk.
2. If this would not remove the risk or is not reasonably practicable, offer suitable alternative work, where available. The alternative work must be suitable and appropriate and must be on terms and conditions that are no less favourable, including pay.
3. If suitable alternative work is not available, suspend the worker from work on full pay for as long as necessary to protect the health and safety of the worker and their child, subject to the applicable statutory provisions.

Adjustments may include temporary changes to duties, reduced or modified manual handling, changes to hours or shift patterns, additional rest breaks, temporary changes of work location where practicable or other appropriate control measures identified by the risk assessment.

Night Work

Pregnant workers and new mothers may work at night where this does not create a health and safety risk.

Where an individual risk assessment identifies a risk associated with night work, or a doctor or midwife provides a medical certificate stating that the worker should not work nights for health and safety reasons, {{org_field_name}} will offer suitable alternative daytime work on terms and conditions that are no less favourable where such work is available.

Where suitable alternative daytime work cannot be provided, the worker will be suspended from work on full pay for as long as necessary in accordance with the statutory requirements.

Rest and Breastfeeding

{{org_field_name}} will provide access to suitable facilities for pregnant workers and breastfeeding mothers to rest. Where a worker wishes to express breast milk, appropriate hygienic and private facilities will be provided; a toilet will not be treated as a suitable place for expressing milk.

7. Antenatal Appointments

Pregnant employees are entitled from the first day of employment to reasonable paid time off during working hours to attend antenatal care where the appointment or care has been recommended by a doctor, nurse or midwife.

Antenatal care may include medical appointments, scans, examinations and antenatal or parentcraft classes recommended by an appropriate healthcare professional.

The employee will be paid their normal rate of pay for reasonable time taken to attend antenatal care, including reasonable travelling and waiting time.

Except for the first antenatal appointment, {{org_field_name}} may ask the employee to provide:

• evidence confirming the pregnancy; and
• an appointment card or other evidence showing that the antenatal appointment has been arranged.

Employees should provide as much notice of antenatal appointments as reasonably practicable.

An agency worker who has completed the applicable statutory 12-week qualifying period may also have a statutory right to paid time off for their own antenatal appointments.

An eligible employee who is the pregnant person’s spouse, civil partner or partner, the expected child’s father or another person who meets the statutory qualifying relationship requirements is entitled to unpaid time off to accompany the pregnant person to up to two antenatal appointments.

The statutory entitlement for accompanying a pregnant person is limited to a maximum of 6.5 hours for each of the two appointments, including travelling and waiting time. {{org_field_name}} may agree more favourable arrangements at its discretion or where provided by another policy or contractual entitlement.

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

Unless the employee has notified {{org_field_name}} otherwise, they are expected to return to work on the date previously confirmed as the end of their Statutory Maternity Leave.

An employee who wishes to return to work earlier than their previously notified return date must normally give {{org_field_name}} at least eight weeks’ notice of the new return date.

An employee who wishes to change a previously notified early return date must also give the notice required by the statutory maternity leave provisions.

Return Following 26 Weeks or Less of Maternity Leave

Where an employee returns after taking Ordinary Maternity Leave only, or after a period of maternity leave of 26 weeks or less, they are entitled to return to the same job in which they were employed before their maternity leave began, on terms and conditions that are no less favourable than those which would have applied had they not been absent.

Return Following More Than 26 Weeks of Maternity Leave

Where an employee returns after more than 26 weeks of maternity leave, they are normally entitled to return to the same job on terms and conditions that are no less favourable than those which would have applied had they not been absent.

If, because of circumstances arising during the employee’s absence, it is not reasonably practicable for {{org_field_name}} to permit the employee to return to the same job, the employee will be offered another job which is both suitable and appropriate for them.

Any alternative job offered in those circumstances must be on terms and conditions that are no less favourable than those which would have applied had the employee continued in their previous role. This includes consideration of pay, benefits, holiday entitlement, status, seniority and work location.

The fact that a maternity-cover employee has performed the role successfully does not, by itself, remove the returning employee’s statutory right to return.

{{org_field_name}} will offer a return-to-work meeting to discuss the employee’s return, any outstanding health and safety matters, breastfeeding arrangements where applicable, training or professional updates required because of their absence and any statutory flexible-working request the employee wishes to make.

10. Flexible Working Requests

All employees of {{org_field_name}} have the statutory right to request flexible working from the first day of their employment. This right is not limited to employees returning from maternity leave.

Flexible-working arrangements may include, where appropriate:

• part-time working;
• changes to start and finish times;
• compressed hours;
• job sharing;
• changes to shift patterns;
• changes to working days;
• home or hybrid working where compatible with the employee’s role and the needs of the service; or
• another proposed change to hours, times or place of work.

An employee may make up to two statutory flexible-working requests in any 12-month period and may normally have only one live statutory request at a time.

A statutory flexible-working request must be made in writing and must include:

• the date of the request;
• confirmation that it is a statutory flexible-working request;
• the change to hours, times or place of work being requested;
• the date on which the employee would like the change to take effect; and
• details of any previous statutory flexible-working request made to {{org_field_name}}, including the date of that request.

{{org_field_name}} will consider every statutory request in a reasonable manner and will normally reach a final decision within two months of receiving the request, including any appeal, unless a longer period is agreed with the employee.

Where a request cannot be agreed in full, {{org_field_name}} will consult with the employee before rejecting it and will consider whether an alternative arrangement may be possible.

A statutory request may only be refused for one or more of the business reasons permitted by the Employment Rights Act 1996:

• the burden of additional costs;
• an inability to reorganise work among existing staff;
• an inability to recruit additional staff;
• a detrimental impact on quality;
• a detrimental impact on performance;
• a detrimental effect on the ability to meet demand;
• insufficient work during the periods the employee proposes to work; or
• planned structural changes.

Any flexible-working decision will also be considered in accordance with the Equality Act 2010. {{org_field_name}} will ensure that an employee is not subjected to unlawful discrimination because of pregnancy, maternity, sex or another protected characteristic when a flexible-working request is considered.

Where a flexible-working request is agreed, any resulting permanent contractual change will be confirmed in writing in accordance with applicable employment law requirements.

11. Redundancy and Maternity Protection

Pregnancy, maternity leave, a maternity-related absence or the exercise of a statutory maternity right must not be used as a reason for selecting an employee for redundancy or subjecting them to a disadvantage in a redundancy process.

Employees who are pregnant or who have taken maternity leave have additional statutory protection where a redundancy situation arises.

Redundancy Protected Period

For an employee who is pregnant or taking maternity leave, the redundancy protected period:

• starts when the employee tells {{org_field_name}} that they are pregnant; and
• normally ends 18 months after the exact date on which the child is born.

The employee should notify {{org_field_name}} of the exact date of birth. Where the exact date of birth has not been notified, the protected period will end in accordance with the statutory rules, which may calculate the period by reference to the expected week of childbirth.

Where a pregnancy ends before 24 weeks, including following a miscarriage, the pregnancy redundancy protected period will normally continue until two weeks after the end of the pregnancy.

Where there is a stillbirth after 24 weeks of pregnancy, the applicable maternity and redundancy protections will continue in accordance with the statutory maternity provisions.

Suitable Alternative Vacancies

Where an employee is within a statutory redundancy protected period and their role becomes redundant, {{org_field_name}} must offer the employee any suitable alternative vacancy that is available within {{org_field_name}} or an associated employer where the statutory conditions are satisfied.

A suitable alternative vacancy must be offered to the protected employee as a priority. The employee must not simply be required to apply for and compete for the vacancy against employees who do not have the same statutory priority.

Whether a vacancy is suitable will include consideration of:

• the nature of the work;
• the employee’s skills and abilities;
• pay and contractual benefits;
• status and seniority;
• working hours;
• work location; and
• the employee’s individual circumstances.

Any offer of suitable alternative employment will be made in accordance with the applicable statutory requirements, including requirements concerning when the new employment begins.

If no suitable alternative vacancy exists and redundancy cannot reasonably be avoided, {{org_field_name}} may proceed with redundancy following a fair and lawful consultation and selection process. Any employee who is dismissed by reason of redundancy will receive any statutory and contractual redundancy payments to which they are entitled.

Failure to comply with the statutory priority given to a pregnant employee or an employee within the maternity redundancy protected period may make a redundancy dismissal automatically unfair.

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.

---

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.