Maternity Pay and Leave

Guide for Employers and Managers

As well as having a legal obligation, employers should ensure they have clearly defined maternity policy and procedures to provide clear guidelines through pregnancy, maternity leave and return to work. Maternity rights are complex and it is essential that the employer and employee both understand what is expected of them during this period.

Statutory Maternity Rights

All pregnant employees are entitled to both Ordinary and Additional Maternity Leave regardless of length of service. In addition pregnant employees are entitled to paid time off to attend antenatal care.

An employee should notify the employer of her intention to take maternity leave by the end of the 15th week before the expected week of childbirth. She should also inform her employer that:

  • she is pregnant
  • the week her baby is due
  • when she would like her maternity leave to start

Maternity Leave cannot commence earlier than the 11th week before the expected week of childbirth, but the employee can work up to the date her baby is born. Leave will start automatically if the employee is absent from work owing to a pregnancy related illness in the 4 weeks before the expected week of childbirth.

Maternity Leave

Maternity leave consists of 26 weeks’ Ordinary Maternity Leave (OML) and 26 weeks’ Additional Maternity Leave (AML), starting at the end of OML with no gap between the two periods.

During Ordinary Maternity Leave women are entitled to

  • their normal contractual benefits including accrual of holiday entitlement and
  • the right to return to the same job

During Additional Maternity Leave:

the contract of employment continues with reduced benefits (mothers whose expected week of childbirth is on or after 5 October 2008 are also entitled to their normal contractual benefits)

  • employment is regarded as continuous
  • the employee has the right to return to the same job or, if not reasonably practical, to a similar job on comparable terms and conditions

Maternity Pay

Regardless of hours worked, pregnant employees qualify for Statutory Maternity Pay (SMP*) provided they have at least 26 weeks continuous service by the end of the 15th week before the expected week of Childbirth and have average earnings higher than the lower earnings limit for National Insurance

Women with less than 26 weeks service and/or earn less than the lower earnings limit for National Insurance may be able to claim Maternity Allowance

Statutory Maternity Pay (SMP*) is paid during maternity leave at

  • 1-6 weeks of maternity leave - 90% of average earnings
  • 7-39 weeks - standard Statutory Maternity Pay rate*
  • 40 – 52 weeks - no payment

Employers can recover at least 92% of Statutory Maternity Pay (SMP). Refer to HM Revenue & Customs (HMRC)

*SMP rate £117.18 per week as at April 2008

Keep in touch during Maternity Leave

The employee is entitled to work for up to 10 days during her maternity leave without affecting eligibility to SMP. These days can be used for training or just for keeping in touch. The employee is under no obligation to work these days.

Returning from Maternity Leave

The employee has the automatic right to return to work at the end of the maternity leave period.

Health and Safety

Employers should carry out a risk assessment on the employee’s position and duties to ascertain whether there may be any potential health risk to the employee or baby. If identified risks should be eradicated or reduced wherever reasonably possible

 

A Personnel Solution

Maternity

 

APS Policy and Procedure

  • sets out minimum statutory maternity rights and essentially makes provision for the employer to have flexibility in managing the complex process
  • provides detailed action required by employee and employer throughout pregnancy, maternity and return to work

APS letters

  • start at the commencement of pregnancy through to return to work
  • detail rights, notification, maternity leave, pay, health and safety, keeping in touch and return to work through the various stages
  • are laid out chronologically, making it easy to select a letter any stage of the process with clear guidelines for completion

Getting it wrong can result in employees being demoralised, demotivated or even leaving the company, potentially leading to various legal claims at Employment Tribunal. If successful a claim for sex discrimination could be extremely expensive, as compensation is uncapped. Having a clearly defined, professional policy and procedure with easy to use supporting letters can greatly assist in this complex process. Most importantly having the correct documentation will greatly help employees and managers understand the process and what is expected, helping to support, motivate and, above all, retain staff.

APS.....helping Employers manage!

This information should only be used in conjunction with A Personnel Solution terms of use