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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Supporting New and Expectant Mothers in the Workplace Policy

1. Purpose

The purpose of this policy is to ensure that new and expectant mothers employed at {{org_field_name}} are supported, protected, and treated with dignity, fairness, and respect throughout their pregnancy, maternity leave, and return to work. This policy is in line with current CIW regulations under the Regulation and Inspection of Social Care (Wales) Act 2016, the Management of Health and Safety at Work Regulations 1999, the Equality Act 2010, and the Maternity and Parental Leave etc. Regulations 1999.

The policy sets out how {{org_field_name}} ensures compliance with employment legislation while fostering a supportive environment that safeguards the well-being of both the employee and the unborn or breastfeeding child.

2. Scope

This policy applies to all staff who are pregnant, have recently given birth, or are breastfeeding. It includes permanent, temporary, and fixed-term employees, and applies equally to those working full or part-time. It also applies to line managers and HR personnel who are responsible for implementing support measures.

3. Related Policies

This policy should be read alongside the following:

• CHW02 – Fit and Proper Persons: Employed Staff Policy
• CHW26 – Recruitment, Selection, and Retention Policy
• CHW27 – Staff Supervision, Training, and Development Policy
• CHW30 – Equality, Diversity, and Inclusion Policy
• CHW31 – Disciplinary and Grievance Policy
• CHW33 – Staff Leave and Absence Policy
• CHW16 – Health and Safety at Work Policy
• CHW18 – Risk Management and Assessment Policy

4. Policy Statement and Implementation

4.1 Notification and Early Support

Employees are encouraged to inform their line manager or the Registered Manager as early as reasonably possible that they are pregnant so that appropriate support and workplace protections can be considered without delay.

For the purposes of the specific health and safety protections relating to pregnant workers and new mothers, an employee should notify {{org_field_name}} in writing that they:

• are pregnant;
• have given birth within the previous six months; or
• are breastfeeding.

Once written notification has been received, {{org_field_name}} will complete an individual risk assessment and take any measures required to protect the health and safety of the employee and their child.

{{org_field_name}} may request appropriate confirmation of pregnancy from a doctor or midwife where permitted by law and will allow reasonable time for this to be provided. Any medical advice provided by the employee’s doctor or midwife which is relevant to their health and safety at work will be taken into account.

Notification of pregnancy for health and safety purposes is separate from the statutory notification requirements for maternity leave and Statutory Maternity Pay. Employees will be informed of the applicable notification requirements and timescales.

Once pregnancy has been disclosed, the manager will provide access to this policy and relevant maternity procedures, explain the support available and ensure that personal information relating to the pregnancy is handled appropriately, sensitively and confidentially.

No employee will be subjected to detrimental or unfavourable treatment because they are pregnant, have given birth, are on maternity leave or are exercising a statutory maternity-related right.

4.2 Risk Assessment and Workplace Adjustments

When {{org_field_name}} has been notified in writing that a worker is pregnant, has given birth within the previous six months or is breastfeeding, an individual risk assessment will be completed in accordance with the Management of Health and Safety at Work Regulations 1999.

The assessment will be specific to the worker, their duties and the environment in which they work. In a care home setting, relevant risks may include, but are not limited to:

• moving and handling activities;
• physical demands, including prolonged standing, sitting, bending or repetitive activities;
• exposure to infectious diseases and biological agents;
• exposure to hazardous substances, medicines, chemicals or cleaning products;
• exposure to ionising radiation or other relevant occupational hazards, where applicable;
• violence, aggression or other risks associated with supporting individuals;
• work-related stress, fatigue and long working hours;
• night work and shift patterns;
• temperature and environmental conditions;
• access to suitable rest, toilet, hydration and welfare facilities; and
• any other risk arising from the employee’s duties, working arrangements or individual circumstances.

The employee will be involved in the assessment and will be informed of the significant findings and any measures required to protect their health and safety and that of their child.

The assessment will be reviewed and updated:

• as the pregnancy progresses;
• if the employee’s work, duties, hours or workplace change;
• if new information or medical advice is received;
• following a relevant incident or concern; and
• where the employee has returned to work after giving birth or continues to breastfeed and relevant risks remain.

Where an identified risk to the employee or their child cannot be adequately avoided or controlled, {{org_field_name}} will apply the statutory hierarchy of protective measures in the following order:

• firstly, temporarily adjust the employee’s working conditions and/or working hours where this would remove or adequately control the risk;
• if this is not sufficient or reasonably practicable, offer suitable alternative work, where available, on terms and conditions which are not substantially less favourable and with pay protected as required by law; and
• if suitable alternative work is not available, suspend the employee from work on maternity grounds on full pay for as long as necessary to protect the employee’s health and safety and that of their child, subject to the applicable statutory requirements.

Pregnant workers and new mothers may work at night where this does not create a health or safety risk. Where the individual risk assessment identifies a risk arising from night work, or a doctor or midwife provides a medical certificate stating that the employee should not work nights, {{org_field_name}} will offer suitable alternative daytime work on appropriate terms and conditions where available. If suitable alternative daytime work cannot be provided, the employee will be suspended from work on paid leave for as long as necessary in accordance with statutory requirements.

No employee will be required to continue undertaking work which exposes them or their child to an identified significant risk where the law requires alternative protective measures to be implemented.

4.3 Maternity Leave, Pay and Related Statutory Leave

{{org_field_name}} will comply with all statutory maternity leave and pay requirements.

An eligible employee is entitled to up to 52 weeks of Statutory Maternity Leave, consisting of:

• 26 weeks of Ordinary Maternity Leave; and
• 26 weeks of Additional Maternity Leave.

Statutory Maternity Leave is a day-one employment right for employees who comply with the applicable notification requirements.

Where the qualifying conditions are met, Statutory Maternity Pay may be payable for up to 39 weeks in accordance with the statutory rates and rules applying at the relevant time.

Where an employee does not qualify for Statutory Maternity Pay, {{org_field_name}} will provide the required statutory notification and documentation, including form SMP1 where applicable, so that the employee can consider whether they are eligible to claim Maternity Allowance from the appropriate government authority. Maternity Allowance is not paid by {{org_field_name}}.

Employees must provide the statutory notice and information required for maternity leave and pay. Following notification of the intended maternity leave dates, {{org_field_name}} will confirm the employee’s expected maternity leave start and end dates in writing within the statutory timescale.

During maternity leave, the employee’s statutory employment protections will be maintained. This includes, where applicable:

• accrual of statutory and contractual annual leave;
• entitlement to relevant pay rises and improvements to contractual terms that would have applied had the employee not been on maternity leave;
• pension rights in accordance with the applicable statutory and pension scheme requirements;
• the statutory right to return to the same job or, where the law permits because of the length or combination of leave taken, to a suitable alternative job on terms and conditions which are no less favourable; and
• protection from unlawful detriment, discrimination, dismissal and redundancy treatment associated with pregnancy or maternity.

Up to 10 Keeping in Touch days may be worked during maternity leave by agreement between {{org_field_name}} and the employee without bringing maternity leave to an end. There is no obligation on either party to agree to Keeping in Touch days.

Eligible employees may also have statutory rights to Shared Parental Leave and Pay in accordance with the legislation in force at the relevant time.

4.3.1 Neonatal Care Leave and Pay

Where a baby is born on or after 6 April 2025 and receives qualifying neonatal care, an eligible employee may have a statutory right to Neonatal Care Leave in addition to other statutory family-related leave.

Neonatal Care Leave is a day-one employment right for eligible employees and may provide up to 12 weeks’ additional leave, depending upon the length of qualifying neonatal care.

Eligibility generally requires neonatal care to begin within 28 days of the baby’s birth and to continue for at least seven consecutive full days. The amount and timing of leave will be determined in accordance with the statutory rules in force at the relevant time.

Statutory Neonatal Care Pay is subject to separate statutory qualifying conditions, including the relevant continuous employment and earnings requirements.

Where an employee is already taking maternity leave, any entitlement to Neonatal Care Leave will be arranged in accordance with the statutory rules governing the interaction between neonatal care leave and maternity or other family-related leave.

Employment rights, including applicable rights relating to annual leave, pay rises and returning to work, will be protected during statutory Neonatal Care Leave.

4.4 Antenatal Appointments

Pregnant employees are entitled to reasonable paid time off during working hours to attend antenatal appointments made on the advice of a registered medical practitioner, registered midwife or registered nurse.

Antenatal care may include medical or midwifery appointments and, where recommended by an appropriate healthcare professional, relevant antenatal or parentcraft classes.

Except for the first appointment, {{org_field_name}} may ask the employee to provide, where permitted by law:

• evidence of the appointment; and
• confirmation from an appropriate healthcare professional that the appointment has been made on their advice.

Employees will not be required to make up time taken for qualifying antenatal appointments and will not suffer any unlawful detriment for exercising their statutory right to attend antenatal care.

Line managers should manage requests sensitively and reasonably, taking account of the employee’s health and the operational requirements of the service.

4.5 Breastfeeding and Return to Work Support

Employees who return to work while breastfeeding will continue to receive the health and safety protections applicable to breastfeeding workers.

Where {{org_field_name}} has been notified that an employee is breastfeeding, the individual risk assessment will be reviewed and will continue to take account of any risks arising from the employee’s work for as long as those risks remain relevant.

Where a risk is identified, the protective measures set out in Section 4.2 of this policy will be followed.

{{org_field_name}} will provide suitable facilities for pregnant and breastfeeding workers to rest. These facilities will:

• provide an appropriate level of privacy;
• be clean and hygienic;
• include somewhere for the employee to lie down where necessary;
• provide a suitable environment in which breast milk may be expressed; and
• provide appropriate arrangements for the safe storage of expressed milk.

A toilet will not be treated as a suitable facility for expressing breast milk.

Where reasonably practicable, flexible arrangements will be considered to enable an employee to express milk or breastfeed during the working day, taking account of the employee’s needs, contractual arrangements and the requirement to maintain safe staffing and continuity of care.

Before an employee returns from maternity leave, {{org_field_name}} will discuss any continuing health and safety needs and any required workplace arrangements. The employee’s individual risk assessment will be reviewed where appropriate before or promptly following their return.

Any request for flexible working or another contractual change will be dealt with in accordance with the statutory requirements and the organisation’s applicable policies. A phased return or other temporary arrangement may be agreed where appropriate but will not replace any adjustment or protective measure which {{org_field_name}} is legally required to provide.

4.6 Emotional Well-being and Mental Health Support

Pregnancy, childbirth, maternity leave and the postnatal period can affect an employee’s emotional and physical well-being. {{org_field_name}} will support employees in a sensitive, respectful and non-judgemental manner.

Support may include:

• regular supervision and welfare discussions in accordance with CHW27 – Staff Supervision, Training, and Development Policy;
• access to an Employee Assistance Programme or counselling service, where available;
• signposting to appropriate NHS, occupational health or third-sector services;
• reasonable workplace adjustments where required by law;
• review of workload, shift patterns or duties where appropriate; and
• identification of a suitable point of contact for ongoing workplace support.

Managers will not attempt to diagnose a mental health condition. Where concerns arise regarding an employee’s fitness for work or the effect of work on their health, appropriate occupational health or medical advice may be sought with the employee’s knowledge and in accordance with applicable confidentiality and data protection requirements.

Where a physical or mental health condition amounts to a disability within the meaning of the Equality Act 2010, {{org_field_name}} will consider and implement reasonable adjustments where required.

4.7 Equality, Non-Discrimination and Redundancy Protection

{{org_field_name}} will comply with the Equality Act 2010 and all other applicable employment legislation relating to pregnancy, maternity and breastfeeding.

No employee will be subjected to unlawful discrimination, harassment, victimisation, dismissal or other unfavourable treatment because of pregnancy or maternity. This protection applies to decisions concerning recruitment, employment, training, promotion, allocation of work, working arrangements, disciplinary action, dismissal and other employment-related matters.

Pregnancy-related absence will be managed separately from ordinary sickness absence where required by law and will not be used unlawfully to disadvantage an employee.

Employees who are pregnant or taking maternity leave have enhanced statutory protection in a redundancy situation.

For pregnancies and maternity leave to which the extended statutory redundancy protection applies, the protected period begins when the employee informs {{org_field_name}} that they are pregnant and will normally continue until 18 months after the birth where the employee takes maternity leave, subject to the detailed statutory rules governing the protected period.

Where the employee has not notified {{org_field_name}} of the exact date of birth, the end of the protected period will be determined in accordance with the statutory rules by reference to the expected week of childbirth.

Where a pregnancy ends before 24 weeks, the statutory pregnancy redundancy protected period will end in accordance with the legislation applicable to that circumstance. A stillbirth occurring after the relevant statutory point will be treated in accordance with the maternity and redundancy protection legislation.

Being within a redundancy protected period does not prevent an employee from being included in a genuine and fair redundancy process. However, where an employee within the statutory protected period is selected for redundancy and there is a suitable alternative vacancy with {{org_field_name}} or an associated employer, the vacancy must be offered to the protected employee in accordance with the statutory priority rules. The employee must not simply be required to compete for the vacancy in the same way as employees who do not have statutory priority.

Any dismissal or redundancy decision connected with pregnancy or maternity will be reviewed carefully to ensure that it complies with the Equality Act 2010, the Employment Rights Act 1996 and associated regulations.

Employees who believe they have experienced pregnancy or maternity discrimination, unlawful detriment or a breach of their statutory rights may raise the matter through CHW31 – Disciplinary and Grievance Policy or another appropriate reporting procedure. Raising such a concern will not result in victimisation or other unlawful detrimental treatment.

4.8 Staff Awareness and Management Training

Line managers and other staff with responsibility for managing employees will be provided with information, instruction or training appropriate to their role so that they understand the organisation’s responsibilities towards pregnant workers, new mothers and breastfeeding workers.

This will include awareness of:

• statutory pregnancy and maternity protections;
• health and safety risk assessment requirements;
• the hierarchy of controls required where pregnancy-related risks are identified;
• maternity leave, pay and related statutory family leave;
• antenatal appointment rights;
• breastfeeding and return-to-work protections;
• equality and non-discrimination requirements;
• redundancy protection during pregnancy and maternity;
• confidentiality and sensitive handling of personal information;
• staffing and continuity-of-care responsibilities; and
• when to seek appropriate HR, occupational health or professional advice.

Managers must implement this policy consistently and must not make assumptions about an employee’s capability, attendance, career intentions or future employment because of pregnancy or maternity.

Staff will be made aware of this policy and how to raise any concerns about its implementation.

4.9 Continuity of Care, Staffing and Management Cover

Pregnancy, maternity leave, Neonatal Care Leave, breastfeeding-related adjustments or maternity-related health and safety measures must be managed in a manner which protects the employee’s statutory rights while ensuring that {{org_field_name}} continues to comply with its regulatory duties as a care home service.

The Registered Manager and Responsible Individual will ensure that staffing arrangements continue to meet the requirements of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

In particular, {{org_field_name}} will ensure that:

• a sufficient number of suitably qualified, trained, skilled, competent and experienced staff are deployed at all times;
• staffing numbers and skill mix continue to reflect the Statement of Purpose and the assessed care and support needs of individuals using the service;
• staffing levels and skill mix are reviewed where pregnancy-related adjustments, maternity leave or other family-related absence changes workforce availability;
• maternity or other family-related absence is planned for sufficiently in advance where reasonably possible;
• temporary, agency, fixed-term or other replacement workers used to provide cover are suitably recruited, checked, inducted, competent and familiar with the needs of the individuals they support;
• changes in staffing arrangements do not compromise continuity, safety or the achievement of individuals’ personal outcomes;
• appropriate handovers and delegation arrangements are completed before planned absence; and
• the basis upon which staffing levels and skill mix have been determined can be demonstrated where required by Care Inspectorate Wales.

Staffing shortages will not be addressed by requiring a pregnant employee, new mother or breastfeeding employee to undertake duties, hours or working arrangements which conflict with an individual risk assessment or with statutory health and safety protections.

Where the employee taking maternity or other extended family-related leave is the Registered Manager, the Responsible Individual must ensure that suitable arrangements are in place for the effective management of the service throughout the manager’s absence.

Where the Registered Manager is expected to be absent for 28 days or more, the Responsible Individual will ensure that the service provider and Care Inspectorate Wales are notified in accordance with the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, and the applicable CIW notification requirements.

The Responsible Individual will ensure that any person providing management cover has the appropriate authority, competence and experience to maintain the safety, quality and effectiveness of the service, compliance with the Regulations and continuity of care throughout the absence.

5. Policy Review

This policy will be reviewed annually or earlier in response to changes in employment legislation, CIW guidance, or business needs. Any updates will be shared with all staff, and training materials will be revised accordingly.

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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.