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Registration Number: {{org_field_registration_no}}

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Maternity Leave Policy

1. Purpose

This policy ensures that all employees of {{org_field_name}} who are pregnant, new mothers, or adopting a child receive their full statutory maternity entitlements in a manner that is compliant with employment law and Care Quality Commission (CQC) regulations. It provides clear guidance on eligibility, maternity pay, risk assessments, and return-to-work arrangements, ensuring fairness, safety, and efficiency in service provision while maintaining high-quality care for people we support.

The policy aligns with CQC expectations on workforce well-being, staff retention, and equality in employment practices.

2. Scope

This policy applies to all employees of {{org_field_name}}, including:

• Full-time, part-time, and fixed-term employees.
• Employees on probation who meet the required eligibility criteria.
• Bank and agency staff may have different entitlements based on contractual terms.

This policy does not cover paternity leave, shared parental leave, or adoption leave, which are covered under separate policies.

3. Legal and Regulatory Compliance

This policy complies with:

• Employment Rights Act 1996 – Providing statutory maternity leave and pay entitlements.
• Equality Act 2010 – Protecting employees from pregnancy and maternity discrimination.
• Health and Safety at Work Act 1974 – Ensuring safe working conditions for pregnant employees.
• Maternity and Parental Leave Regulations 1999 – Defining statutory maternity leave entitlements.
• Statutory Maternity Pay (SMP) Regulations – Setting out pay entitlements for eligible employees.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014:
  • Regulation 18 – Staffing (Ensuring adequate workforce planning during maternity leave)
  • Regulation 17 – Good Governance (Ensuring maternity leave is well-documented and managed efficiently)
  • Regulation 10 – Dignity and Respect (Ensuring fair treatment of pregnant employees and new mothers)

4. Maternity Leave Entitlement

All eligible employees are entitled to:

• 52 weeks of statutory maternity leave, consisting of:
  • Ordinary Maternity Leave (OML) – First 26 weeks.
  • Additional Maternity Leave (AML) – Further 26 weeks.
• Employees are not required to take the full 52 weeks, but must take a minimum of 2 weeks off after childbirth (or 4 weeks if working in a manual role).

5. Eligibility for Statutory Maternity Pay (SMP)

An employee qualifies for Statutory Maternity Pay (SMP) if they:

• Have been employed by {{org_field_name}} for at least 26 weeks before the 15th week before their due date.
• Earn at least £123 per week (correct as per UK Government 2024 rates).
• Provide correct notice and medical proof of pregnancy (MATB1 form) from their midwife or GP.

Statutory Maternity Pay Breakdown

• First 6 weeks – 90% of average weekly earnings (before tax).
• Next 33 weeks – £184.03 per week (or 90% of earnings if lower).
• Remaining 13 weeks – Unpaid leave (if taken).

Employees not eligible for SMP may apply for Maternity Allowance via HMRC.

6. Notification Process

6.1 Informing the Employer

• Employees must notify their line manager or by the 15th week before the expected due date.
• The employee must provide a MATB1 form confirming their pregnancy.
• A formal maternity leave agreement will be provided, confirming key dates and entitlements.

6.2 Maternity Leave Start Date

• Maternity leave can start any time from 11 weeks before the due date.
• If the employee is off work due to pregnancy-related illness within 4 weeks of their due date, maternity leave will automatically start.

7. Workplace Risk Assessments for Pregnant Employees

In line with Health and Safety at Work Act 1974, a pregnancy risk assessment must be conducted to:

• Identify and reduce workplace hazards (e.g., manual handling risks, prolonged standing, exposure to infections).
• Adjust shift patterns, rest breaks, and workload as required.
• Consider temporary role modifications or remote working where feasible.
• If risks cannot be mitigated, the employee may be offered alternative work or suspended on full pay.

8. Keeping in Touch (KIT) Days

Employees on maternity leave may work up to 10 Keeping in Touch (KIT) days to stay informed and ease their return to work.

• KIT days are optional and must be mutually agreed.
• Employees receive their normal daily rate of pay for each KIT day worked.

9. Returning to Work After Maternity Leave

• Employees returning within 26 weeks have the right to return to their original role.
• If returning after 26 weeks, they may be offered a similar role if the original is no longer available.
• Flexible working requests (e.g., reduced hours, shift adjustments) can be submitted under the Flexible Working Policy.

9.1 Returning Earlier Than Planned

• Employees must give 8 weeks’ notice if they plan to return earlier than their agreed leave end date.

9.2 Breastfeeding and Workplace Support

• Employees returning to work who are breastfeeding must be provided with:
  • A private space for expressing milk.
  • Flexible break times to accommodate feeding schedules.
  • Secure storage for expressed milk (if required).

10. Managing Maternity Leave Efficiently

10.1 Workforce Planning

• Shift rotas and staffing levels must be adjusted in advance to cover maternity leave.
• Temporary or bank staff may be used to ensure continuity of care.
• Managers must conduct handover meetings before an employee goes on maternity leave.

10.2 Supporting Staff Well-Being

• Pregnant employees must be supported with regular check-ins.
• Returning employees should have a phased reintegration plan, including refresher training if needed.

10.3 Compliance Monitoring

• Management will track maternity leave, ensuring compliance with employment law and payroll processing.
• Staff satisfaction surveys may be used to evaluate maternity leave experiences.

11. Protection from Discrimination

• It is unlawful to treat an employee unfairly due to pregnancy or maternity leave.
• If an employee feels they have been discriminated against, they should report concerns under the Grievance Policy.

12. Termination of Employment During Maternity Leave

• Employees on maternity leave are protected from redundancy unless the organisation can demonstrate valid reasons unrelated to pregnancy.
• If redundancies occur, employees on maternity leave must be offered alternative roles where available.

13. Related Policies

• SL18 – Risk Management and Assessment Policy
• SL30 – Equality, Diversity, and Inclusion Policy
• SL33 – Staff Leave and Absence Policy
• SL27 – Staff Supervision, Training, and Development Policy
• SL16 – Health and Safety at Work Policy

14. Policy Review

This policy will be reviewed annually, or earlier if:

• Employment laws or CQC guidance change.
• Employee feedback suggests improvements.
• A maternity-related complaint or dispute arises.

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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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