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Registration Number: {{org_field_registration_no}}

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Maternity Leave Policy

1. Purpose

The purpose of this policy is to outline the rights, entitlements, and responsibilities related to maternity leave at {{org_field_name}}. The policy ensures that employees who are pregnant or new mothers receive the appropriate support, leave entitlements, and protections as outlined in UK employment law and Care Inspectorate Scotland regulations. It also provides clear guidance to managers and staff on managing maternity leave efficiently, ensuring compliance with the Employment Rights Act 1996, the Equality Act 2010, the Maternity and Parental Leave Regulations 1999, the Health and Safety at Work Act 1974, and the Social Security Contributions and Benefits Act 1992.

This policy supports a fair, inclusive, and supportive work environment, ensuring that pregnant employees and new mothers can balance work and family responsibilities while safeguarding their health and well-being.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, and fixed-term staff. It covers:

• Eligibility for maternity leave
• Maternity pay entitlements
• Health and safety considerations for pregnant employees
• Procedures for requesting and managing maternity leave
• Support for employees before, during, and after maternity leave

This policy does not apply to agency workers, self-employed contractors, or volunteers, although they may be entitled to maternity-related protections under UK employment law.

3. Responsibilities

Management Responsibilities

Managers must ensure that:

• All pregnant employees are aware of their rights and entitlements regarding maternity leave and pay.
• Risk assessments are conducted to safeguard the health and safety of pregnant employees.
• All maternity leave requests and notifications are handled efficiently, ensuring compliance with employment laws.
• Employees are supported before, during, and after maternity leave, including making reasonable adjustments where necessary.
• Records of maternity leave and pay entitlements are accurately maintained, ensuring transparency and fairness.
• No employee is subject to discrimination or unfair treatment due to pregnancy or maternity leave.

Employee Responsibilities

Employees must:

• Notify their line manager of their pregnancy as soon as reasonably possible (before the 15th week before the baby is due).
• Provide a MATB1 certificate (issued by a midwife or GP) to confirm pregnancy and expected due date.
• Discuss maternity leave plans and expected return date, keeping management informed of any changes.
• Follow health and safety advice, including attending any necessary risk assessments.
• Communicate their intentions regarding returning to work within the required notice periods.

4. Maternity Leave Entitlement

Statutory Maternity Leave

All eligible employees are entitled to 52 weeks of maternity leave, regardless of length of service. This is divided into:

• Ordinary Maternity Leave (OML) – first 26 weeks
• Additional Maternity Leave (AML) – following 26 weeks

Employees must take at least 2 weeks of maternity leave (or 4 weeks if working in a factory) following the birth.

Notification Requirements for Maternity Leave

Employees must notify their manager of:

• Their pregnancy by the 15th week before the expected week of childbirth (EWC).
• Their intended maternity leave start date (this can be changed with at least 28 days’ notice).
• Their intention to return to work (if different from the default 52 weeks of leave).

Management will confirm the maternity leave start and end date in writing within 28 days of receiving the employee’s request.

5. Maternity Pay Entitlement

Statutory Maternity Pay (SMP)

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

• Have been employed for at least 26 weeks at {{org_field_name}} by the 15th week before the expected week of childbirth.
• Earn at least £123 per week on average (as per the latest government threshold).

SMP is paid for 39 weeks as follows:

• First 6 weeks – 90% of average weekly earnings (before tax).
• Next 33 weeks – £172.48 per week (or 90% of earnings if lower, based on the latest government rate).
• Remaining 13 weeks – unpaid leave if the employee chooses to take the full 52 weeks.

Employees who do not qualify for SMP may be eligible for Maternity Allowance, which can be claimed through Jobcentre Plus.

Occupational Maternity Pay

If {{org_field_name}} offers an enhanced occupational maternity pay scheme, employees will receive additional payments as per their contract of employment.

6. Health and Safety Considerations for Pregnant Employees

Risk Assessments

A pregnancy risk assessment must be carried out as soon as an employee notifies their manager of their pregnancy. This assessment should:

• Identify potential workplace risks (e.g., manual handling, prolonged standing, exposure to hazardous substances).
• Recommend reasonable adjustments (e.g., reduced physical workload, additional rest breaks, flexible working hours).
• Ensure compliance with Health and Safety Executive (HSE) guidelines.

If a risk cannot be eliminated, alternative work arrangements should be made. If no suitable alternative is available, the employee may be suspended on full pay for health and safety reasons.

7. Keeping in Touch (KIT) Days

Employees on maternity leave can work up to 10 Keeping in Touch (KIT) days without affecting their maternity pay. These days allow employees to:

• Attend training or meetings.
• Stay informed about workplace developments.
• Ease their transition back to work.

KIT days must be mutually agreed upon and cannot be compulsory. Employees will be paid their normal wage for any KIT days worked.

8. Returning to Work After Maternity Leave

Notice Period for Returning to Work

Employees returning after the full 52 weeks of maternity leave do not need to give extra notice. However, if they wish to return earlier, they must give at least 8 weeks’ notice.

Rights Upon Return

Employees have the right to return to the same job if returning within 26 weeks. If returning after more than 26 weeks, they should return to the same or an equivalent role with the same terms and conditions.

Flexible Working Requests

Employees may request flexible working arrangements, such as:

• Part-time or reduced hours
• Job-sharing
• Hybrid or remote work (if applicable)

Flexible working requests will be considered in line with the Flexible Working Policy.

9. Protection Against Discrimination

It is unlawful for employees to be treated unfairly due to:

• Pregnancy or maternity leave.
• Requests for flexible working upon return.
• Choosing to take the full 52 weeks of maternity leave.

Any employee who believes they have been discriminated against should raise their concerns through the grievance procedure.

10. Related Policies

This policy should be read alongside:

• Flexible Working Policy
• Parental Leave Policy
• Health and Safety Policy
• Sickness and Absence Management Policy
• Equality and Diversity Policy

11. Policy Review

This policy will be reviewed annually or sooner if:

• Legislation changes regarding maternity rights and pay.
• Feedback from employees suggests improvements.
• Changes in organisational needs require updates to maternity leave arrangements.

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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}}
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