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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Supporting New and Expectant Mothers in the Workplace Policy
1. Purpose
The purpose of this policy is to outline how {{org_field_name}} supports new and expectant mothers in the workplace, ensuring their health, safety, and well-being while maintaining compliance with Care Inspectorate Scotland regulations and employment law. This policy provides guidance for managers, HR staff, and employees on managing pregnancy, maternity leave, returning to work, and creating a supportive and inclusive work environment.
This policy ensures compliance with:
- The Equality Act 2010 (protection against discrimination due to pregnancy and maternity)
- The Management of Health and Safety at Work Regulations 1999 (requirement to assess workplace risks for pregnant employees)
- The Employment Rights Act 1996 (rights regarding maternity leave and return to work)
- The Working Time Regulations 1998 (provisions regarding working hours and breaks for pregnant workers)
- The Health and Safety at Work Act 1974 (general duty of care to protect health, safety, and welfare)
- The Maternity and Parental Leave Regulations 1999 (guidance on leave entitlements)
2. Scope
This policy applies to:
- All employees of {{org_field_name}}, including full-time, part-time, and temporary staff.
- All new and expectant mothers from the time they notify the organisation of their pregnancy until their return to work after maternity leave.
- Managers and supervisors, who must ensure that appropriate adjustments, risk assessments, and support mechanisms are in place.
This policy covers:
- Health and safety considerations for pregnant employees
- Risk assessments and workplace adjustments
- Maternity leave and pay entitlements
- Returning to work and flexible working options
- Breastfeeding support in the workplace
3. Responsibilities
Management Responsibilities
Managers are responsible for:
- Providing a safe and supportive work environment for new and expectant mothers.
- Conducting risk assessments as soon as an employee notifies them of their pregnancy.
- Ensuring compliance with maternity leave and employment rights.
- Providing support and reasonable adjustments to allow pregnant employees to continue working safely.
- Facilitating a smooth return to work and discussing flexible work options if requested.
HR Responsibilities
The HR team is responsible for:
- Ensuring all employees are aware of their rights and entitlements.
- Handling maternity leave requests efficiently and ensuring compliance with statutory requirements.
- Keeping confidential records of pregnancy notifications, risk assessments, and maternity leave details.
- Offering guidance and advice to managers and employees regarding maternity-related policies.
Employee Responsibilities
Expectant and new mothers are responsible for:
- Notifying their manager of their pregnancy as early as possible to allow for appropriate risk assessments and planning.
- Engaging in risk assessment discussions and following recommended workplace adjustments.
- Communicating any changes in their health or ability to work safely during pregnancy.
- Providing a MATB1 certificate from a healthcare provider to confirm their pregnancy.
- Keeping their employer informed of their intended maternity leave and return-to-work plans.
4. Risk Assessments and Workplace Adjustments
4.1 Conducting a Risk Assessment
As soon as an employee notifies {{org_field_name}} of their pregnancy, a pregnancy risk assessment must be conducted to identify and mitigate any risks. The risk assessment will consider:
- Manual handling (lifting, bending, or moving individuals and equipment).
- Exposure to hazardous substances (cleaning agents, medical substances).
- Long working hours or night shifts, which may increase fatigue.
- Exposure to infections (particularly in healthcare settings).
- Stress and mental well-being during pregnancy.
- Adequate rest breaks and access to suitable seating.
If significant risks are identified that cannot be mitigated, the following options will be considered:
- Adjusting work tasks (e.g., reducing manual handling responsibilities).
- Offering alternative duties within the employee’s skillset.
- Providing additional rest breaks or flexible working hours.
- Paid suspension on health and safety grounds if no alternative work is available.
4.2 Reasonable Adjustments for Pregnant Employees
To ensure the well-being of expectant mothers, {{org_field_name}} will implement the following reasonable adjustments where necessary:
- Reduced physical workload (e.g., avoiding heavy lifting or prolonged standing).
- Increased flexibility in shift patterns or working hours.
- Access to a quiet area for rest breaks.
- Adapted uniform or protective equipment if needed.
- Minimising exposure to infections by modifying work assignments.
5. Maternity Leave and Pay Entitlements
5.1 Maternity Leave
All eligible employees are entitled to 52 weeks of maternity leave, consisting of:
- Ordinary Maternity Leave (OML) – first 26 weeks.
- Additional Maternity Leave (AML) – further 26 weeks.
Employees must take at least 2 weeks’ leave after childbirth (or 4 weeks for factory workers).
5.2 Maternity Pay
Employees may be eligible for Statutory Maternity Pay (SMP) if they:
- Have worked for {{org_field_name}} for at least 26 weeks by the 15th week before the baby is due.
- Earn at least £123 per week (as per UK Government regulations).
SMP is paid for 39 weeks as follows:
- First 6 weeks: 90% of average weekly earnings.
- Next 33 weeks: £172.48 per week (or 90% of earnings, whichever is lower).
- The final 13 weeks of maternity leave are unpaid.
If an employee does not qualify for SMP, they may be eligible for Maternity Allowance through Jobcentre Plus.
6. Returning to Work and Flexible Working Requests
6.1 Notice Period for Returning to Work
Employees returning after 52 weeks of maternity leave do not need to give additional notice. However, if they wish to return earlier, they must give at least 8 weeks’ notice.
6.2 Right to Return to the Same Job
Employees returning within 26 weeks are entitled to return to the same role. If returning after more than 26 weeks, they must return to the same or an equivalent role with the same pay and conditions.
6.3 Flexible Working Requests
Employees can request flexible working arrangements, including:
- Part-time work.
- Job-sharing opportunities.
- Remote or hybrid work (where applicable).
All flexible working requests will be considered in line with business needs and operational requirements.
7. Breastfeeding Support in the Workplace
{{org_field_name}} supports breastfeeding employees by:
- Providing a private, comfortable space for expressing milk.
- Allowing flexible breaks for breastfeeding or expressing.
- Storing expressed milk safely.
Managers will work with employees to ensure breastfeeding arrangements meet both their needs and workplace requirements.
8. Protection Against Discrimination
It is unlawful to discriminate against employees because of:
- Pregnancy, maternity leave, or a request for flexible working.
- Health and safety concerns during pregnancy.
- Breastfeeding or expressing milk at work.
Employees experiencing discrimination should report concerns through the grievance procedure.
9. Related Policies
This policy should be read alongside:
- Maternity Leave Policy
- Flexible Working Policy
- Health and Safety Policy
- Equality and Diversity Policy
10. Policy Review
This policy will be reviewed annually or sooner if:
- Legislation or regulatory guidance changes.
- Employee feedback suggests improvements.
- A workplace incident requires a policy update.
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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