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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Maternity Leave Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} supports employees during pregnancy, maternity leave, and their return to work in line with legal requirements and best practices. This policy ensures that pregnant employees and new mothers receive fair treatment, job protection, financial support, and a safe working environment, while maintaining operational efficiency within the organisation.

This policy ensures compliance with:

• The Employment Rights Act 1996 – Protects employees from unfair dismissal due to pregnancy or maternity leave.
• The Maternity and Parental Leave Regulations 1999 – Governs statutory maternity leave entitlements.
• The Equality Act 2010 – Prohibits discrimination against pregnant employees and new mothers.
• The Health and Safety at Work Act 1974 – Requires employers to protect the health and safety of pregnant employees.
• Care Inspectorate Wales (CIW) Regulations – Mandates fair and safe employment practices for care staff【35】.

2. Scope

This policy applies to:

• All employees who become pregnant or give birth while employed at {{org_field_name}}.
• Employees planning to take maternity leave or shared parental leave.
• Managers and HR personnel responsible for supporting maternity-related leave.

It covers:

• Eligibility criteria for maternity leave.
• Notification and application process.
• Statutory Maternity Pay (SMP) and other financial entitlements.
• Health and safety protections for pregnant employees.
• Return-to-work procedures and flexible working options.

3. Eligibility for Maternity Leave

All pregnant employees are entitled to:

• 52 weeks of statutory maternity leave, regardless of length of service.
• Statutory Maternity Pay (SMP) if they meet qualifying criteria.
• Protection against unfair dismissal and discrimination.

To qualify for Statutory Maternity Pay (SMP), employees must:

• Have worked at {{org_field_name}} for at least 26 weeks by the 15th week before the expected due date.
• Earn at least £123 per week (before tax).

Employees who do not qualify for SMP may be eligible for Maternity Allowance (MA) through Jobcentre Plus.

4. Notification and Application Process

Employees must:

1. Inform their line manager by the 15th week before their due date.
2. Provide a MATB1 form (issued by their midwife or GP).
3. Discuss maternity leave plans, including:
   • Intended start and return dates.
   • Any adjustments needed during pregnancy.

Employer Responsibilities

• Acknowledge the maternity leave request in writing within 28 days.
• Confirm the employee’s rights, start/end dates, and pay entitlements.
• Conduct a risk assessment to ensure workplace safety for pregnant employees.

5. Health and Safety Protections for Pregnant Employees

{{org_field_name}} is committed to ensuring the health and well-being of pregnant employees by:

• Conducting a pregnancy risk assessment to identify potential hazards (e.g., heavy lifting, prolonged standing, exposure to infections).
• Adjusting work duties, hours, or environment to ensure safety.
• Providing additional rest breaks if needed.
• Offering alternative work arrangements if risks cannot be eliminated.

If a safe working environment cannot be maintained, the employee may be offered alternative duties or suspended on full pay until maternity leave begins.

6. Maternity Leave Duration and Pay Entitlements

6.1 Statutory Maternity Leave

Employees are entitled to:

• Ordinary Maternity Leave (OML) – First 26 weeks.
• Additional Maternity Leave (AML) – Further 26 weeks.

Maternity leave can begin up to 11 weeks before the due date but will automatically start if the employee is absent due to pregnancy-related illness four weeks before the due date.

6.2 Statutory Maternity Pay (SMP)

• First 6 weeks – Paid at 90% of average weekly earnings (before tax).
• Next 33 weeks – Paid at £172.48 per week or 90% of average weekly earnings (whichever is lower).
• Final 13 weeks – Unpaid, unless employer provides enhanced maternity pay.

Employees must provide at least 8 weeks’ notice if they wish to return earlier than the agreed end date.

7. Keeping in Touch (KIT) Days

• Employees can work up to 10 Keeping in Touch (KIT) days during maternity leave.
• KIT days allow employees to attend meetings, training, or phased return work.
• Payment for KIT days is agreed upon before work is undertaken.

8. Returning to Work

Employees returning from maternity leave have the right to return to the same role, unless:

• The role is no longer available (in which case a suitable alternative must be offered).
• The employee was on Additional Maternity Leave (AML) and a major business restructure has occurred.

Employees can request:

• Flexible working arrangements (part-time, reduced hours, remote working).
• Breastfeeding accommodations, including suitable rest areas.

Requests for flexible working must be made in writing and will be considered within 3 months.

9. Shared Parental Leave (SPL) Option

Employees may be eligible for Shared Parental Leave (SPL), allowing them to share up to 50 weeks of leave with a partner. Eligibility and arrangements must be discussed with HR/management.

10. Redundancy Protection and Job Security

Employees on maternity leave are protected from unfair dismissal and redundancy.

• If redundancy occurs, the employee must be offered a suitable alternative role before others.
• Unfair dismissal due to pregnancy or maternity leave is unlawful.

11. Monitoring and Compliance

• The Registered Manager ensures compliance with maternity leave regulations.
• HR will maintain records of maternity leave requests, risk assessments, and return-to-work arrangements.
• CIW inspections will review how maternity leave policies support staff well-being.

12. Related Policies

This policy should be read in conjunction with:

• Health and Safety at Work Policy (DCW16).
• Equality, Diversity, and Inclusion Policy (DCW30).
• Flexible Working Policy (DCW49).
• Absence Management Policy (DCW52).
• Parental Leave Policy (DCW53).

13. Policy Review

This policy will be reviewed annually or sooner if required by legislative changes, CIW regulations, or operational needs.

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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.