Maternity

Introduction

All pregnant employees have the right to take up to 52 weeks’ maternity leave, regardless of their length of service. Pregnant employees, who meet the qualifying conditions based upon their length of service, average earnings and giving the correct notice to their manager and the HR Team (15th week before the expected week of childbirth), are also entitled to receive up to 39 weeks’ statutory maternity pay (SMP). Those who do not qualify for SMP may qualify for maternity allowance (MA), claimed direct from the government.

The employee can decide on the amount of maternity leave she wishes to take; however, the law requires that a minimum of two weeks leave must be taken, or four weeks if the employee works in a factory.

At the end of ordinary maternity leave (OML), the employee has the right to return to work undertaking the same job on the same terms and conditions, as if she had not been absent.

During pregnancy, the employee, regardless of length of service, also has the right to a reasonable amount of time off, with pay, to attend ante-natal appointments made on the advice of a doctor, midwife or health visitor

The organisation is committed to protecting the health and safety at work of all employees and will provide a risk assessment, under its health and safety obligations, in respect of pregnant employees and those who have recently given birth or who are breastfeeding. It is vital that the employee notifies the organisation at the earliest opportunity to ensure that any hazards are controlled to reduce any health and safety risk.

KEY POINTS

All pregnant employees are entitled to 26 weeks’ OML and 26 weeks’ additional maternity leave (AML), regardless of their length of service.
Employees are prohibited from working in the two weeks (four weeks if they work in a factory) immediately following the birth of a child.
The employment contract continues as normal during maternity leave, with the exception of pay.
Employees may qualify for up to 39 weeks’ statutory maternity pay or maternity allowance.
The employee and the Line Manger may agree to do up to 10 days’ work – known as ‘Keeping in touch’ (KIT) days – during the maternity leave period without losing SMP or triggering the end of maternity leave.
At the end of OML, the employee has the right to return to work undertaking the same job on the same terms and conditions, as if she had not been absent. After AML, the employee is also entitled to return to either the same job or, if this is not reasonably practicable, to another suitable job, on terms and conditions that are no less favourable to her than those that applied previously.
The employee will not be at any detriment because they are on maternity leave, taken, or plan to take, maternity leave. Pregnancy and maternity are protected characteristics under the Equality Act 2010, and treating someone unfavourably because of pregnancy or maternity is discrimination.
Employees may be eligible to convert some of their maternity leave into shared parental leave, that can be taken either by the woman or her partner, on a more flexible basis. Refer to guide ‘Shared Parental Leave

For further information please contact the HR Team at personnel@epwin.co.uk

Maternity Leave Process

Employee informs the manager of their pregnancy. Details confirmed in writing, including due date and forwarded onto the HR Team.
HR liaises with manager and local SHEQ to ensure relevant risk assessment is carried out with the employee to identify any hazards which need to be controlled.
HR acknowledges confirmation of pregnancy to employee and issues a copy of the organisations maternity policy and maternity form. When the employees MATB1 is available, the employee is asked to send it to HR, along with the completed maternity form (authorised by the manager) confirming the start and leave dates of their maternity leave. The MATB1 is available anytime after 20 weeks before the due date.
HR acknowledges receipt of MATB1 and maternity form and confirms dates and payment schedule to employee in writing. HR also confirms details with the Payroll Team.
Regular communication with the employee is encouraged during the maternity leave, to check on the employee’s welfare and to also keep the employee updated with any changes within the business.
About 1 month before the employee is due to return to work, the manager is required to make contact with the employee to confirm they are still returning to work and to clarify that they are still wishing to return on the same terms and conditions as previously. If the employee wants to make a change, they must submit a flexible working request. The manager must also remind the employee of their option to use keeping in touch (KIT) days, unless already done so.

Extension of leave / Return to work early / Not returning after maternity leave

If an employee requests to do any of the above, due to current legislation they need to give the company at least 56 days written notice before their original return to work date.

Once the request has been received the manager should contact the employee to confirm that this is acceptable, or to inform them further discussion is needed. Any amendment to leave must be confirmed to the HR Team.

Flexible Working Request

If the employee would like to request flexible working, they need to submit this to the manager before returning back to work.

A meeting should then take place between the manager and employee as soon as is reasonably practicable, however if the managers agrees to the request straight away a meeting will not need to be conducted.

If agreed, the HR Team must be informed of the changes. If refused, this must be confirmed to the employee without delay, confirming the business reasons.