DC160-Supporting New and Expectant Mothers in the Workplace Policy

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 pregnant employees, new mothers and breastfeeding employees working within {{org_field_name}} are supported and protected so that their health, safety and wellbeing are safeguarded while maintaining safe service delivery. This policy reflects current UK employment and health and safety law relating to pregnancy and maternity, including risk assessment duties for new and expectant mothers, maternity leave and pay entitlements, protections from discrimination, and enhanced family-leave protections introduced from 6 April 2024 and 6 April 2025.

As a domiciliary care provider, {{org_field_name}} will also apply this policy in a way that supports compliance with the Fundamental Standards and CQC expectations for a safe, effective and well-led service, including having robust systems for risk management, staffing deployment and governance (for example, ensuring safe caseloads, suitable adjustments, and accurate records of decisions and actions).

2. Scope

This policy applies to:

All employees who are pregnant, have recently given birth, or are breastfeeding.
Line managers, HR personnel, and senior management, ensuring consistent application of maternity-related procedures.
Colleagues and teams, fostering an inclusive and supportive work culture.
Third-party contractors and agency workers, where applicable.

It covers:

Health and safety risk assessments.
Maternity leave, pay, and statutory entitlements.
Adjustments to working conditions.
Breastfeeding and facilities support.
Return to work planning and flexible arrangements.
Protection against discrimination and unfair treatment.

3. Legal and Regulatory Framework

This policy aligns with the following legislation, regulations and guidance (as amended):

Equality Act 2010 – protection against pregnancy and maternity discrimination and victimisation.
Employment Rights Act 1996 – employment protections and statutory family-leave rights, including redundancy protections where applicable.
Maternity and Parental Leave etc. Regulations 1999 – statutory maternity leave framework.
Management of Health and Safety at Work Regulations 1999 – specific duties to assess and control risks to new and expectant mothers and to take action where risks cannot be avoided.
Health and Safety at Work etc. Act 1974 and associated regulations – general duties to ensure health, safety and welfare at work.
Workplace (Health, Safety and Welfare) Regulations 1992 – welfare facilities, including suitable arrangements for pregnant and breastfeeding employees.
Employment Relations (Flexible Working) Act 2023 and Flexible Working (Amendment) Regulations 2023 (in force for requests from 6 April 2024) – day-one right to request flexible working and associated process requirements.
Carer’s Leave Act 2023 (in force 6 April 2024) – statutory unpaid carer’s leave (where eligible).
Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (in force 6 April 2024) – enhanced redundancy protected period / priority for suitable alternative vacancies.
Paternity Leave (Amendment) Regulations 2024 – increased flexibility in how statutory paternity leave may be taken for qualifying cases.
Neonatal Care (Leave and Pay) Act 2023 and commencement regulations (in force 6 April 2025) – statutory neonatal care leave and pay (where eligible).
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and CQC guidance, including Regulation 12 (Safe care and treatment), Regulation 17 (Good governance), Regulation 18 (Staffing) and Regulation 19 (Fit and proper persons employed), as applicable to workforce systems and safe service delivery.

4. Health and Safety Risk Assessments

{{org_field_name}} will protect pregnant employees and new/breastfeeding mothers from workplace risks by completing and documenting a specific new and expectant mother risk assessment. The assessment will consider, where relevant in domiciliary care: manual handling and moving/handling tasks in service users’ homes; lone working and safeguarding risks; exposure to infectious diseases; slips, trips and falls in unfamiliar environments; work-related stress; prolonged standing; driving/travel time and fatigue; night work/long shifts; and risk of violence or aggression.

Control measures may include: temporary changes to the caseload, eliminating high-risk tasks, providing additional support (double-up calls), changing shift patterns, reducing travel requirements, additional breaks, and/or temporary redeployment.

If risks cannot be adequately controlled, the manager must immediately escalate to HR and senior management to identify suitable alternative work. Where suitable alternative work cannot be provided, the organisation will consider medical suspension/leave arrangements in line with legal obligations and company procedures, ensuring the employee is not placed at avoidable risk.

5. Notification, Roles and Timescales

5.1 Employee notification

Employees should notify their line manager (and HR) in writing as soon as they are comfortable doing so. Notification should include (where known): expected week of childbirth (EWC), any pregnancy-related medical restrictions advised by a clinician, and whether the employee is breastfeeding on return to work. Employees must provide a MATB1 certificate (or equivalent medical confirmation) when available for statutory maternity pay/leave administration.

5.2 Manager actions (within 5 working days of notification)

The line manager must:

arrange a confidential meeting to discuss health, safety and wellbeing needs;
initiate a new and expectant mother risk assessment relevant to domiciliary care tasks (see Section 4B);
agree interim adjustments immediately where needed (for example: reduced lone working, changes to shift pattern, reduced manual handling);
document agreed controls and provide the employee with a copy;
notify HR so that entitlements, record keeping and any reasonable adjustments are supported.

5.3 Review points

The risk assessment must be reviewed:

at least once each trimester (or more frequently if circumstances change);
after any significant change to duties, rota pattern, travel requirements or client allocation;
following any pregnancy-related incident/near miss; and
when the employee returns to work and/or confirms they are breastfeeding.

5.4 Record keeping

All assessments, review notes, and adjustment decisions must be recorded and retained in line with HR record retention requirements. This evidences safe systems of work and governance.

6. Maternity Leave, Pay, and Statutory Entitlements

Employees are entitled to:

Statutory Maternity Leave: Up to 52 weeks (26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave).
Statutory Maternity Pay (SMP): Payable for up to 39 weeks, subject to eligibility.
Antenatal Appointments: Paid time off for antenatal care, including scans and medical check-ups.
Keeping in Touch (KIT) Days: Employees can work up to 10 days during maternity leave without affecting SMP.

Our HR team provides guidance on eligibility, statutory entitlements, and company maternity benefits.

Employees must provide HR with the required statutory notifications for maternity leave and pay (including confirmation of their intended maternity leave start date and EWC information) in line with statutory timelines. HR will confirm maternity leave arrangements in writing, including the maternity leave end date (based on the start date) and how to change return dates, in accordance with statutory rules.

{{org_field_name}} recognises that there is a minimum compulsory maternity leave period following childbirth. Employees must not return to work during the compulsory period and managers must not permit this.

6.1 Related Family Leave Updates (Paternity, Shared Parental and Neonatal Care Leave)

Paternity leave: Where statutory paternity leave applies, eligible parents may take statutory paternity leave in line with the current legal framework, including the increased flexibility introduced for qualifying cases from April 2024 (for example, the ability to take leave in separate blocks, where permitted). Managers must direct employees to HR for the current process and notice requirements.

Shared Parental Leave (SPL): Employees may be eligible to convert part of maternity leave into SPL in accordance with statutory SPL rules. HR will provide guidance and required forms/notices.

Neonatal Care Leave and Pay: For babies requiring neonatal care, eligible employees may be entitled to statutory neonatal care leave and pay for qualifying cases from 6 April 2025. HR will advise on eligibility, evidence requirements, and how neonatal leave interacts with maternity/paternity/SPL.

7. Adjustments to Working Conditions

To support pregnant and new mothers, we offer:

Flexible Work Schedules: Adjusted shift patterns, reduced hours, or remote work where feasible.
Modified Duties: Temporary reassignment of physically demanding tasks.
Additional Breaks: Allowing extra rest periods for comfort and well-being.
Workplace Ergonomics: Providing suitable seating, workstation adjustments, and mobility support.
Flexible working requests: Employees have a statutory right to request flexible working in line with current legislation. {{org_field_name}} will consider requests promptly, will consult with the employee before refusing a request, and will provide a decision within the statutory timeframe unless an extension is agreed.

8. Breastfeeding and Facilities Support

{{org_field_name}} is committed to creating a breastfeeding-friendly workplace, ensuring:

Private, hygienic spaces for expressing milk (not toilets).
Flexible break arrangements for breastfeeding mothers.
Refrigerated storage options for expressed milk.
Support from managers to facilitate a comfortable return to work.

Breastfeeding employees will also be offered a reviewed risk assessment where their role involves long travel times, limited access to welfare facilities, or extended lone working. For community-based staff, managers will plan rotas and visit schedules to ensure access to appropriate facilities and adequate time for expressing and safe storage/transport of milk.

9. Return to Work Planning and Flexible Arrangements

To ease the transition back to work, we offer:

Phased Returns: Gradual return-to-work plans, such as reduced hours or flexible schedules.
Role Adjustments: Temporary modifications to duties if needed.
Job Security and Protection: Employees retain the same job or an equivalent role post-maternity leave.
Parental Leave Options: Consideration for shared parental leave, unpaid parental leave, or flexible working applications.

9.1 Redundancy and Restructure Protection (Pregnancy and Family Leave)

Where an employee is in a redundancy situation and is within the legally defined redundancy protected period (including during pregnancy after notification and during/after relevant family leave where applicable), {{org_field_name}} will comply with the legal requirement to offer a suitable alternative vacancy (if one exists) in priority to other employees. Managers must involve HR at the earliest stage of any restructure consultation to ensure selection criteria, scoring and alternative vacancy processes do not disadvantage pregnant employees or those on/returning from family leave.

10. Protection Against Discrimination and Unfair Treatment

We ensure that:

Pregnant employees and new mothers are not discriminated against.
Opportunities for career progression and training remain available.
Employees on maternity leave are included in workplace updates and consultations.
All complaints of unfair treatment are handled seriously and confidentially.

Any concerns regarding discrimination or unfair treatment can be raised through HR or formal grievance procedures, with full protection under Equality Act 2010.

Pregnancy-related sickness absence: Pregnancy-related sickness absence will be recorded separately and must not be used to disadvantage an employee (for example, in absence-management triggers, performance scoring, selection criteria or promotion decisions).

Selection decisions: Managers must ensure that decisions on shifts, caseload allocation, training access, and any restructure/redundancy selection criteria are objective and do not directly or indirectly discriminate on grounds of pregnancy or maternity.

11. Training and Awareness for Managers and Staff

To ensure compliance and support, we provide:

Training for managers on legal obligations and best practices.
Workshops on inclusive workplace culture and maternity rights.
Clear documentation and accessible HR guidance for expectant employees.
Regular policy reviews to align with legal and industry best practices.

12. Monitoring, Review, and Policy Updates

To maintain high standards of support, {{org_field_name}}:

Conducts regular staff satisfaction surveys regarding maternity support.
Reviews risk assessment outcomes and workplace accommodations.
Ensures this policy is reviewed annually or in response to legal updates.

Monitoring will include audit of risk assessments, adjustment actions and record completeness to evidence effective governance and risk management.

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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