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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Maternity Leave Policy
1. Purpose
The purpose of this policy is to ensure that all employees at {{org_field_name}} who are expecting a child receive their full statutory entitlements for maternity leave and pay, in line with UK employment law and CIW regulations. This policy provides clear procedures for employees and management to follow, ensuring a supportive, fair, and legally compliant process.
This policy aligns with:
- The Employment Rights Act 1996, ensuring maternity rights and job protection.
- The Maternity and Parental Leave etc. Regulations 1999, providing clear maternity leave entitlements.
- The Equality Act 2010, which prohibits pregnancy-related discrimination.
- The Work and Families Act 2006, setting out flexible working and return-to-work rights.
- The Health and Safety at Work Act 1974, which ensures risk assessments and safe working conditions for pregnant employees.
- Care Inspectorate Wales (CIW) regulations, ensuring the well-being of staff during pregnancy and maternity leave.
This policy aims to:
- Support employees during pregnancy, maternity leave, and their return to work.
- Provide fair and consistent maternity entitlements in compliance with UK employment law.
- Ensure a safe and healthy working environment for pregnant employees.
- Promote a positive work-life balance and equal opportunities.
2. Scope
This policy applies to:
- All employees at {{org_field_name}}, including full-time, part-time, and fixed-term contract workers.
- Pregnant employees and those taking maternity leave.
- Line managers and HR personnel responsible for maternity arrangements.
This policy covers:
- Maternity leave entitlements.
- Statutory maternity pay (SMP) and other benefits.
- Health and safety measures for pregnant employees.
- Returning to work procedures.
- Employment rights and protection.
3. Maternity Leave Entitlement
3.1 Who is Eligible?
Employees are entitled to Statutory Maternity Leave if they:
- Have a contract of employment with {{org_field_name}}.
- Notify the employer of their pregnancy and intended leave date at least 15 weeks before the due date.
- Provide a MATB1 form (issued by a midwife or doctor confirming pregnancy).
3.2 Length of Maternity Leave
- Employees are entitled to 52 weeks of Statutory Maternity Leave, divided into:
- Ordinary Maternity Leave (OML) – First 26 weeks.
- Additional Maternity Leave (AML) – Last 26 weeks.
- Employees must take at least 2 weeks of maternity leave following childbirth (4 weeks for those working in industrial environments).
4. Maternity Pay Entitlement
4.1 Statutory Maternity Pay (SMP)
Employees qualify for SMP if they:
- Have been employed at {{org_field_name}} for at least 26 weeks by the 15th week before the due date.
- Earn at least £123 per week (before tax).
- Provide a MATB1 form.
SMP is paid as follows:
- First 6 weeks – 90% of the employee’s average weekly earnings (before tax).
- Next 33 weeks – £184.03 per week (as of April 2024) or 90% of weekly earnings (whichever is lower).
- Final 13 weeks – Unpaid leave (optional).
4.2 Additional Maternity Pay and Benefits
- Employees may qualify for enhanced maternity pay if offered by {{org_field_name}} as an additional benefit.
- Employees who do not qualify for SMP may apply for Maternity Allowance from the government.
4.3 Keeping in Touch (KIT) Days
- Employees can work up to 10 Keeping in Touch (KIT) days without affecting their maternity pay.
- KIT days must be agreed in advance with management.
- These are useful for training, meetings, or phased return to work.
5. Health and Safety for Pregnant Employees
5.1 Workplace Risk Assessments
- A risk assessment will be conducted for all pregnant employees to identify any hazards or risks.
- Adjustments may include:
- Reduced lifting or standing time.
- Modified work duties.
- Flexible break arrangements.
5.2 Time Off for Antenatal Appointments
- All pregnant employees are entitled to paid time off for antenatal care, including:
- Midwife or GP appointments.
- Scans and medical tests.
- Pregnancy-related health checks.
- Partners may take unpaid leave to attend two antenatal appointments.
6. Returning to Work
6.1 Notice Period for Returning
- Employees must give at least 8 weeks’ notice if they wish to return earlier than the full 52 weeks.
- A return-to-work meeting will be arranged to discuss work arrangements and any required support.
6.2 Flexible Working Requests
- Employees can request flexible working arrangements, such as:
- Part-time hours.
- Job sharing.
- Remote or hybrid working (where applicable).
- Requests must be submitted in writing and will be considered based on business needs.
6.3 Breastfeeding Support
- Employees returning to work are entitled to breaks and a private space for breastfeeding or expressing milk.
- A designated room will be made available to ensure privacy and comfort.
7. Employee Rights and Protection
7.1 Protection Against Discrimination
- It is illegal for an employee to be dismissed, demoted, or treated unfairly due to pregnancy or maternity leave.
- Any complaints of discrimination or unfair treatment will be investigated under the Grievance Policy.
7.2 Job Protection
- Employees have the right to return to their original role after maternity leave.
- If their original role is unavailable, they must be offered a suitable alternative role with the same terms and conditions.
7.3 Redundancy Protection
- Pregnant employees and those on maternity leave have priority for suitable alternative roles in the event of redundancies.
8. Managing Maternity Leave Efficiently
8.1 Responsibilities of the Employer
- Ensure all maternity entitlements are communicated clearly.
- Conduct risk assessments to safeguard pregnant employees.
- Maintain confidential records of maternity leave requests.
- Offer support and phased return-to-work options.
8.2 Responsibilities of the Employee
- Provide proper notice of pregnancy and intended leave.
- Submit a MATB1 form to confirm pregnancy.
- Communicate return-to-work plans with the employer in a timely manner.
9. Related Policies
This policy should be read in conjunction with:
- Staff Leave and Absence Policy.
- Health and Safety at Work Policy.
- Equality, Diversity, and Inclusion Policy.
- Disciplinary and Grievance Policy.
- Flexible Working Policy.
10. Policy Review
This policy will be reviewed annually or sooner if regulatory requirements change. Regular audits and feedback from employees will ensure continued effectiveness.
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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