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CH160-Supporting New and Expectant Mothers in the Workplace Policy

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Registration Number: {{org_field_registration_no}}

Supporting New and Expectant Mothers in the Workplace Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} provides a safe, inclusive, fair and supportive working environment for employees and workers who are pregnant, have recently given birth, are breastfeeding, have experienced a pregnancy-related loss, or are returning to work after maternity or related family leave.

This policy supports compliance with the Equality Act 2010, the Employment Rights Act 1996, the Maternity and Parental Leave etc. Regulations 1999, the Management of Health and Safety at Work Regulations 1999, the Workplace (Health, Safety and Welfare) Regulations 1992, and current HSE guidance on protecting pregnant workers and new mothers.

In the context of a care home service, this policy also supports compliance with the Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including CQC Regulation 17, Good governance, Regulation 18, Staffing, Regulation 19, Fit and proper persons employed, and relevant CQC quality statements on workforce wellbeing, safe staffing, inclusive leadership and workforce equality, diversity and inclusion.

{{org_field_name}} will identify, assess and manage risks to new and expectant mothers, make reasonable and lawful adjustments where required, protect employees from unfavourable treatment, and ensure that staffing arrangements continue to maintain safe, effective and person-centred care for people living in the home.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, fixed-term, temporary, bank and casual employees. It also applies, as far as legally and practically relevant, to agency workers, volunteers, students and contractors working in the home where their work may expose them to risks or where their working arrangements may affect safe staffing, health and safety, equality, dignity or continuity of care. For health and safety purposes, “new or expectant mother” includes a worker who is pregnant, has given birth within the previous six months, or is breastfeeding. For employment rights purposes, maternity, paternity, shared parental, neonatal care, parental bereavement and related statutory leave entitlements will be managed according to the employee’s individual eligibility and the current statutory rules.

It is also relevant to line managers, the Registered Manager, the Deputy Manager, and any staff responsible for health and safety, human resources, or rostering. The policy outlines responsibilities, risk assessment procedures, flexible working arrangements, maternity leave entitlements, and return-to-work planning to ensure the ongoing safety and wellbeing of new and expectant mothers.

3. Related Policies

4. Definitions

For the purpose of this policy:

5. Notification of Pregnancy, Birth or Breastfeeding

Employees are encouraged to inform {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}} or their line manager as early as they feel comfortable, so that support and health and safety protections can be put in place without delay. Employees should notify {{org_field_name}} in writing if they are pregnant, have given birth within the previous six months, or are breastfeeding, as this enables the service to complete an individual risk assessment and apply any legal protections that depend on written notification.

For maternity leave purposes, the employee must tell {{org_field_name}} no later than the end of the 15th week before the expected week of childbirth, unless this is not reasonably practicable. The employee must confirm the expected week of childbirth and the date they intend their maternity leave to start. {{org_field_name}} may ask for this information in writing.

The employee must provide a MATB1 certificate once this is available. The MATB1 is usually issued by a midwife or GP from around 20 weeks of pregnancy.

{{org_field_name}} will respond in writing within 28 days of receiving maternity leave notification, confirming the employee’s maternity leave start and expected return date.

All information about pregnancy, maternity, breastfeeding, fertility treatment, miscarriage, stillbirth, neonatal care or related medical matters will be treated sensitively and confidentially. Information will only be shared with those who need it to manage health and safety, staffing, payroll, statutory leave, safeguarding or continuity of care.

6. Risk Assessment Process

{{org_field_name}} will ensure that its general workplace risk assessments consider risks to women of childbearing age and to new and expectant mothers, including risks that may arise before an employee has told the service that they are pregnant. This includes risks from physical demands, moving and handling, long shifts, night work, lone working, slips, trips and falls, violence or aggression, stress, fatigue, exposure to infectious diseases, exposure to hazardous substances, medication handling, cleaning chemicals, personal care tasks, emergency situations and access to rest, welfare and toilet facilities.

Once an employee informs {{org_field_name}} in writing that they are pregnant, have given birth within the previous six months or are breastfeeding, the line manager must complete an individual risk assessment without delay. The assessment must be completed with the employee and must take account of medical advice, the employee’s role, the home environment, the needs of people living in the home, staffing levels, shift patterns and any changes in the employee’s health or pregnancy.

The individual risk assessment must be reviewed:

The risk assessment must identify whether risks can be avoided or controlled. Controls may include, but are not limited to:

Where a significant risk remains, {{org_field_name}} will follow the legal hierarchy of control:

Risk assessments, agreed controls, review dates and discussions with the employee must be documented and retained confidentially. The Registered Manager must ensure that any changes to the employee’s duties or hours do not compromise safe staffing, continuity of care or the safety and welfare of people living in the home.

6.1 Care Home Specific Hazards

Due to the nature of care home work, managers must consider the following care home specific hazards when completing or reviewing risk assessments for new and expectant mothers:

The risk assessment must be practical and role-specific. It must not make assumptions about what the employee can or cannot do. The employee’s own views, medical advice and occupational health advice must be considered.

7. Maternity Leave and Pay

Eligible employees are entitled to up to 52 weeks’ statutory maternity leave, made up of 26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave. Employees must not work during the compulsory maternity leave period, which is the two weeks immediately following childbirth.

Employees must tell {{org_field_name}} no later than the end of the 15th week before the expected week of childbirth:

Employees must give at least 28 days’ notice of the date they want Statutory Maternity Pay to start, unless this is not reasonably practicable. The MATB1 certificate must be provided once available.

{{org_field_name}} will confirm the employee’s maternity leave dates in writing within 28 days of receiving the notification. If the employee wishes to change the maternity leave start date, they should give at least 28 days’ notice where reasonably practicable.

Statutory Maternity Pay, Maternity Allowance and any contractual maternity pay will be managed in line with the employee’s eligibility, current statutory requirements and {{org_field_name}}’s contractual terms.

Pregnancy-related sickness absence will be recorded separately from ordinary sickness absence and will not be used to disadvantage the employee. If the employee is absent from work wholly or partly because of pregnancy during the four weeks before the expected week of childbirth, maternity leave may start automatically in line with statutory rules.

8. Support During Pregnancy

We recognise that pregnancy can bring physical, emotional, and psychological changes. To support pregnant employees, {{org_field_name}} provides:

Managers must ensure that support arrangements are implemented consistently and sensitively. The employee must not be asked intrusive or unnecessary medical questions. Where medical information is required to manage health and safety, absence, occupational health referral or statutory leave, the information must be handled confidentially and only shared on a need-to-know basis.

Managers are trained to support pregnant staff sensitively and consistently.

9. Breastfeeding, Expressing Milk and Returning to Work

Employees are encouraged to inform {{org_field_name}} in writing if they will be breastfeeding or expressing milk when they return to work, so that an individual risk assessment and appropriate facilities can be arranged. The employee does not have to stop breastfeeding in order to return to work.

{{org_field_name}} will provide suitable rest facilities for pregnant and breastfeeding workers. Where an employee wishes to express milk, the service will provide access to a private, hygienic and safe space. Toilets must not be used as a place for expressing milk. Where reasonably practicable, the service will provide access to a fridge or other appropriate hygienic storage arrangement for expressed milk.

The return-to-work meeting must include discussion of:

Breastfeeding-related risk assessments will be reviewed for as long as the employee continues breastfeeding, where workplace risks may affect the employee or child. Managers must ensure that agreed arrangements do not compromise safe staffing or continuity of care and that the employee is treated with dignity and respect.

10. Paternity, Partner, Shared Parental and Neonatal Care Leave

{{org_field_name}} supports eligible employees to access statutory family leave and pay, including paternity leave, shared parental leave, neonatal care leave, parental bereavement leave and any related statutory pay, in line with current eligibility and notice requirements.

Eligible fathers, partners and intended parents may be entitled to statutory paternity leave and pay. For children whose expected week of childbirth is after 6 April 2024, statutory paternity leave may be taken as either one week or two separate one-week blocks and may be taken within 52 weeks of the birth, subject to statutory notice requirements.

Eligible parents may choose to share up to 50 weeks of leave and up to 37 weeks of statutory shared parental pay where the statutory conditions are met. Employees should discuss shared parental leave with the Registered Manager as early as possible so that staffing and continuity of care can be planned safely.

For babies born on or after 6 April 2025, eligible employees may be entitled to statutory neonatal care leave and pay where their baby requires qualifying neonatal care. This entitlement is separate from maternity, paternity and shared parental leave and must be managed in accordance with current statutory rules.

Managers must treat requests for family-related leave sensitively and confidentially. Requests must not result in unfavourable treatment, reduced opportunities, disadvantage in rota allocation, denial of training, or inappropriate pressure on the employee to change their plans.

11. Health and Safety During Maternity Suspension

Maternity suspension will only be used where a significant health and safety risk remains after the service has considered all reasonable adjustments and suitable alternative work. It is a protective health and safety measure and must not be treated as disciplinary action, sickness absence, poor performance or a reason to disadvantage the employee.

Before maternity suspension is used, the manager must consider and document:

Where maternity suspension is necessary, it will be on full pay for as long as the health and safety risk remains and suitable alternative work is not available. The suspension will be reviewed regularly and brought to an end as soon as it is safe and lawful to do so.

The employee must receive written confirmation of the reason for the suspension, the expected review arrangements, pay arrangements and who they should contact during the suspension.

12. Preventing Discrimination and Promoting Equality

{{org_field_name}} will not tolerate discrimination, harassment, victimisation or unfavourable treatment because of pregnancy, maternity, breastfeeding, pregnancy-related sickness, maternity leave, neonatal care leave, paternity leave, shared parental leave, parental bereavement leave or any request to exercise statutory family rights.

Employees must not be disadvantaged in recruitment, induction, probation, training, supervision, appraisal, promotion, rota allocation, overtime, pay, performance management, disciplinary action, sickness absence management, redundancy selection, return-to-work planning or dismissal because of pregnancy, maternity or related family leave.

Pregnancy-related sickness absence must be recorded separately and must not be used to trigger formal absence management action or to score the employee negatively in redundancy, performance or capability processes.

From notification of pregnancy and during the relevant protected period, employees have enhanced protection in redundancy situations. Where a suitable alternative vacancy is available, eligible employees must be offered the role in priority to other employees at risk, in line with current statutory requirements. This protection may continue after maternity leave, adoption leave or shared parental leave depending on the type and length of leave taken.

Any concern about discrimination, bullying, harassment or unfair treatment should be raised with the Registered Manager, a senior manager, HR, or through the grievance or whistleblowing procedure. Concerns will be investigated promptly, fairly and confidentially.

12.1 Pregnancy Loss, Stillbirth, Neonatal Complications and Bereavement

{{org_field_name}} recognises that miscarriage, stillbirth, neonatal complications and the death of a baby are deeply distressing events. Managers must respond with compassion, confidentiality and flexibility.

Where an employee experiences a stillbirth after 24 weeks of pregnancy, or the baby is born alive at any stage and later dies, maternity leave and pay rights may still apply, subject to eligibility. The employee may also be entitled to parental bereavement leave and pay.

Where a baby requires neonatal care, eligible employees may be entitled to statutory neonatal care leave and pay. Managers must signpost employees to HR or payroll support and ensure that absence, leave and pay are handled sensitively and in line with current statutory requirements.

Employees will not be required to discuss sensitive medical details beyond what is necessary to manage leave, pay, health and safety, staffing and support. Occupational health, counselling or employee assistance support will be offered where available.

12.2 Records and Confidentiality

{{org_field_name}} will keep accurate and confidential records of:

Records will be kept securely and only accessed by those who need the information for legitimate management, health and safety, payroll, HR, safeguarding, staffing or regulatory purposes. Records will be retained in line with {{org_field_name}}’s data protection and records retention policies.

13. Governance, Safe Staffing and CQC Evidence

The Registered Manager is responsible for ensuring that this policy is implemented consistently and that support for new and expectant mothers is managed in a way that protects staff wellbeing and maintains safe care for people living in the home.

{{org_field_name}} will manage this by:

Governance checks must include whether individual risk assessments are completed promptly, whether agreed controls are implemented, whether staff are receiving appropriate breaks and welfare support, and whether any pattern of disadvantage, exclusion or unequal treatment is identified and addressed.

14. Policy Review

This policy will be reviewed at least annually or sooner if there are changes to legislation, HSE guidance, CQC requirements, employment law, case law, organisational structure, service delivery, staffing arrangements, incident learning, complaints, staff feedback or regulatory findings.

The review will consider whether the policy remains effective in protecting new and expectant mothers, preventing discrimination, supporting staff wellbeing, maintaining safe staffing and evidencing compliance with CQC requirements.

The Registered Manager will ensure that any policy changes are communicated to relevant staff and that managers receive updated guidance or training where required.

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.

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