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DCW160-Supporting New and Expectant Mothers in the Workplace Policy

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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 and supportive working environment for employees who are pregnant, have recently given birth or are breastfeeding, and complies with applicable employment, equality and health and safety legislation.

This includes the Equality Act 2010, the Employment Rights Act 1996, the Maternity and Parental Leave etc. Regulations 1999, as amended, the Management of Health and Safety at Work Regulations 1999, the Workplace (Health, Safety and Welfare) Regulations 1992, the Employment Relations (Flexible Working) Act 2023, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and associated regulations, and the Neonatal Care (Leave and Pay) Act 2023 and associated regulations.

As a registered domiciliary support service in Wales, {{org_field_name}} must also operate in accordance with the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended. These requirements include maintaining appropriate and up-to-date policies and procedures, ensuring sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff are deployed, maintaining continuity of care and ensuring that staff are fit to perform the duties intrinsic to their role after reasonable adjustments have been considered.

This policy sets out the arrangements used by {{org_field_name}} to protect the health, safety, dignity and employment rights of new and expectant mothers while ensuring that staffing arrangements continue to meet the assessed needs and personal outcomes of individuals receiving domiciliary care and support.

2. Scope

This policy applies to:

This policy covers:

3. Notification of Pregnancy, Recent Childbirth or Breastfeeding

Employees are encouraged to inform their line manager or HR that they are pregnant as early as they feel able to do so, particularly where their work may expose them to risks which could affect their health or the health of their baby.

For the purposes of the specific health and safety duties applying to new and expectant mothers, an employee or worker should notify {{org_field_name}} in writing that they:

Once written notification has been received, {{org_field_name}} will arrange an individual health and safety risk assessment without unnecessary delay.

Notification and information concerning an employee’s pregnancy, health or maternity arrangements will be treated confidentially and will only be shared where there is a legitimate need to do so.

The employee will be consulted as part of the assessment and should provide any relevant medical advice or recommendations from their doctor or midwife which may affect their work. {{org_field_name}} will take such medical recommendations into account when assessing risk and determining appropriate control measures.

The employee must inform their line manager or HR of any significant change in their circumstances which may affect the risk assessment, including changes in health, pregnancy-related medical advice, working arrangements, duties or breastfeeding status.

4. Health and Safety Risk Assessment

{{org_field_name}} will assess risks to women of childbearing age as part of its general workplace risk-assessment arrangements.

When a worker informs {{org_field_name}} in writing that they are pregnant, have given birth within the previous six months or are breastfeeding, an individual risk assessment will also be completed in relation to their specific circumstances.

The individual risk assessment will consider all reasonably foreseeable risks associated with the employee’s work, including where relevant:

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

The risk assessment will be reviewed regularly throughout the pregnancy and, where relevant, following childbirth and during breastfeeding. It will also be reviewed whenever there is a significant change in the employee’s health, duties, working conditions, work location, hours or other circumstances which could affect the identified risks.

Any adjustment made to an employee’s work will also be considered when planning staffing and visit schedules so that the safety, continuity and assessed care and support needs of individuals using the domiciliary support service continue to be met.

4.1 Action Where a Significant Risk Is Identified

Where the individual risk assessment identifies a significant risk to the employee or their child, {{org_field_name}} will first take all reasonably practicable steps to remove or adequately control that risk.

Where the risk cannot otherwise be adequately controlled, the following measures will be considered and implemented in the appropriate order:

Where an employee is undertaking night work and the individual risk assessment identifies a health and safety risk arising from night work, or the employee provides a medical certificate from their doctor or midwife stating that they should not undertake night work for health and safety reasons, {{org_field_name}} will offer suitable alternative daytime work 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 the applicable statutory requirements.

All control measures and temporary adjustments will be kept under review.

5. Maternity Leave and Pay Entitlements

5.1 Statutory Maternity Leave

An employee who meets the statutory notification requirements is entitled to up to 52 weeks of Statutory Maternity Leave regardless of their length of service.

Statutory Maternity Leave consists of:

An employee is not normally permitted to work during the compulsory maternity leave period immediately following childbirth. The statutory compulsory maternity leave period will be observed in all cases.

An employee returning to work at the end of Ordinary Maternity Leave is normally entitled to return to the same job in which they were employed before their maternity leave, on terms and conditions no less favourable than those which would have applied had they not been absent.

Where an employee returns after Additional Maternity Leave, they are normally entitled to return to the same job. Where it is not reasonably practicable for the employee to return to the same job, they must be offered a suitable and appropriate alternative role on terms and conditions which are no less favourable than those which would have applied had they not been absent.

Pregnancy, maternity leave or the exercise of statutory maternity rights must not be used as a reason for dismissal, detriment, unfavourable treatment or selection for redundancy.

Detailed notice requirements and arrangements for commencing, changing or returning from maternity leave are set out in the Maternity and Parental Leave Policy (DCW35).

5.2 Statutory Maternity Pay

Statutory Maternity Pay may be payable for up to 39 weeks where the employee satisfies the statutory eligibility requirements.

To qualify for Statutory Maternity Pay, the employee must satisfy the applicable statutory conditions, including:

For the 2026/27 tax year, the statutory earnings threshold for Statutory Maternity Pay is £129 per week. Statutory rates are reviewed by the Government and the rate applicable at the relevant time will always take precedence over any figure stated in this policy.

Statutory Maternity Pay is currently payable as follows:

The remaining period of Statutory Maternity Leave is normally unpaid unless a contractual entitlement provides otherwise.

Where statutory rates or earnings thresholds change, {{org_field_name}} will apply the rate and eligibility requirements prescribed by legislation at the relevant time.

5.3 Neonatal Care Leave and Pay

Employees who have parental responsibility for a baby receiving qualifying neonatal care may be entitled to statutory Neonatal Care Leave under the Neonatal Care (Leave and Pay) Act 2023 and associated regulations.

Neonatal Care Leave is a day-one employment right for employees who meet the statutory relationship and care conditions. It applies where qualifying neonatal care begins within the statutory period following the baby’s birth and the baby receives the required continuous period of neonatal care.

An eligible employee may accrue one week of Neonatal Care Leave for each qualifying period of neonatal care, up to a statutory maximum of 12 weeks.

Neonatal Care Leave is additional to other statutory family leave, including maternity leave, paternity leave, adoption leave and Shared Parental Leave.

Where an employee is already taking maternity leave when entitlement to Neonatal Care Leave arises, the Neonatal Care Leave will normally be taken after the maternity leave in accordance with the statutory rules.

Statutory Neonatal Care Pay is subject to separate eligibility requirements, including minimum continuous service and average earnings requirements. For the 2026/27 tax year, the statutory standard rate is £194.32 per week or 90% of average weekly earnings where that amount is lower.

Employees should notify HR or their line manager as soon as reasonably practicable where they believe that they may qualify for Neonatal Care Leave or Pay. {{org_field_name}} will apply the statutory notice provisions appropriate to the circumstances, including the more flexible notification provisions which apply while the baby remains in neonatal care or during the period immediately following discharge.

6. Antenatal Appointments and Time Off

A pregnant employee is entitled to reasonable paid time off during working hours to attend antenatal care appointments made on the advice of a registered medical practitioner, registered midwife or registered nurse.

Antenatal care may include medical appointments and other pregnancy-related care recommended by an appropriate healthcare professional, including relevant relaxation or parentcraft classes where these have been recommended as part of the employee’s antenatal care.

Except in relation to the first appointment, {{org_field_name}} may request evidence of the appointment and confirmation that the employee is pregnant in accordance with the applicable statutory provisions.

Employees should provide as much notice of appointments as reasonably practicable, although necessary antenatal appointments will not be unreasonably prevented or delayed.

A qualifying employee or agency worker who is the pregnant woman’s spouse, civil partner, partner, father of the expected baby or another person falling within the statutory categories has the right to take unpaid time off to accompany the pregnant woman to up to two antenatal appointments.

The statutory entitlement to accompany the pregnant woman is limited to a maximum of six and a half hours for each qualifying appointment.

Employees exercising a statutory right to antenatal time off will not be subjected to detriment for doing so.

7. Supporting New Mothers Returning to Work

7.1 Flexible Working Requests

All employees have a statutory right to request flexible working from the first day of their employment.

Flexible working may include changes to:

An employee may make up to two statutory flexible working requests in any 12-month period, but may normally have only one live statutory request at any one time.

A statutory request must be made in writing and contain the information required by the Employment Rights Act 1996 and associated regulations, including:

{{org_field_name}} will deal with statutory flexible working requests in a reasonable manner.

The request, including any appeal where applicable, will normally be determined within two months of receipt unless a longer period is agreed with the employee.

Where a request cannot immediately be agreed, {{org_field_name}} will consult the employee before making a decision to reject the request.

A statutory request will only be rejected for one or more of the business reasons permitted by legislation.

Where a request is accepted, the agreed contractual change will be confirmed in writing.

Where a request is refused, the employee will be informed of the decision and the applicable statutory business reason or reasons for refusal.

Flexible working arrangements must also be considered alongside the provider’s legal obligation to maintain sufficient staffing, appropriate visit times, safe travel arrangements and continuity of care for individuals receiving the domiciliary support service.

7.2 Breastfeeding and Expressing Milk at Work

An employee who is breastfeeding on returning to work should notify {{org_field_name}} in writing so that an individual health and safety risk assessment can be completed or reviewed.

The risk assessment will consider any risks arising from the employee’s duties, working conditions, hours, travel arrangements, exposure to hazardous substances or biological agents, and any other matters which could affect the health and safety of the employee or their child.

{{org_field_name}} will provide suitable facilities in which pregnant and breastfeeding workers can rest.

Suitable arrangements will also be made for an employee who needs to express breast milk. Facilities used for this purpose must be hygienic, private and appropriate. A toilet is not considered suitable for expressing breast milk.

Suitable arrangements for the safe storage of expressed breast milk will be available.

There is no separate general statutory entitlement to additional paid breastfeeding or expressing breaks. Any request for changes to working hours, break arrangements or working patterns will be considered in accordance with applicable health and safety duties, equality legislation, the employee’s contractual rights and the statutory flexible working procedure.

Where breastfeeding gives rise to a workplace health and safety risk, {{org_field_name}} will follow the risk-control measures set out in Section 4.1 of this policy.

7.3 Return-to-Work Planning

A return-to-work meeting is held to:

HR will work with returning employees to ensure a smooth transition.

8. Pregnancy-Related Sickness and Health Concerns

Pregnancy-related illnesses are:

If an employee becomes unwell due to pregnancy complications, medical advice and adjustments will be considered.

9. Protection from Discrimination and Harassment

Under the Equality Act 2010, pregnancy and maternity are protected characteristics. {{org_field_name}} does not tolerate:

Employees experiencing discrimination should report concerns via the Disciplinary and Grievance Policy (DCW31).

10. Managing Redundancy and Contractual Changes

Pregnancy, maternity leave or the exercise of statutory family-leave rights must never be used as a reason for selecting an employee for redundancy or subjecting them to unfavourable treatment.

Enhanced statutory protection applies where an employee is pregnant or is taking, or has recently returned from, qualifying family leave.

For a pregnant employee, the protected period begins when the employee informs {{org_field_name}} that they are pregnant.

Where the employee takes maternity leave following the birth of their child, the enhanced redundancy protection may continue until 18 months after the date of birth, subject to the statutory notification and eligibility requirements.

Where a pregnancy ends before the employee becomes entitled to statutory maternity leave, the applicable statutory protected period following the end of the pregnancy will be observed.

Where an employee’s role genuinely becomes redundant during an applicable protected period and a suitable alternative vacancy exists with {{org_field_name}} or an associated employer, the employee must be offered the suitable alternative vacancy in accordance with the statutory priority rules. The employee must not merely be invited to compete for the vacancy against employees who do not have the same statutory priority.

Any suitable alternative employment offered must comply with the statutory requirements concerning suitability, capacity, place of work and terms and conditions.

The existence of enhanced redundancy protection does not prevent {{org_field_name}} from carrying out a genuine redundancy exercise. However:

HR must be involved before any proposal is made to dismiss, make redundant or materially alter the employment of an employee who is pregnant, on maternity leave or within an applicable statutory protected period following maternity leave.

11. Training and Support for Managers

Managers and staff who are responsible for implementing this policy will receive information, instruction or training appropriate to their responsibilities.

This will include, where relevant:

Managers must seek advice from HR or an appropriately competent senior manager where they are unsure whether a statutory entitlement or health and safety requirement applies.

{{org_field_name}} will ensure that managers responsible for arranging domiciliary care visits take account of maternity-related adjustments when preparing rotas and allocating work so that employees are protected while sufficient staffing, appropriate travel time, visit duration and continuity of care are maintained.

12. Related Policies

This policy should be read alongside:

Where there is no separate Neonatal Care Leave and Pay Policy, Section 5.3 of this policy will apply.

13. Policy Review

This policy will be reviewed annually or sooner if legislation, CIW regulations, or best practices change. Updates will be communicated to all staff.

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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