An employer’s guide to maternity leave
By taking a thoughtful and sensitive approach to maternity leave, employers can attract and retain top talent and avoid accusations of discrimination. Learn how to manage maternity leave from start to finish using our employer’s guide.
Providing comprehensive maternity leave support can help employers fulfil their duty of care to staff and increase employee wellbeing and engagement. It can also help organisations stand out in a competitive hiring landscape, with our research showing that 66% of UK workers have a positive view of employers who offer family friendly employee benefits.
Furthermore, with a sobering 54,000 working mothers losing their jobs each year due to maternity discrimination, employers also have a responsibility to understand their legal obligations when it comes to maternity. Failure to do so could result in accusations of unfair dismissal.
Our employer’s guide to maternity leave serves as a central resource for everything employers need to know. This includes the basics of maternity leave and how employers can prepare for and manage maternity leave.
Let’s get started.
Understanding maternity leave and employee entitlements
In simple terms, maternity leave is the leave mothers or birthing parents take shortly before or after giving birth, or, in some instances, adopting a child.
There are two different types of maternity leave that employers need to be aware of:
- Ordinary Maternity Leave (OML), the first 26 weeks of maternity leave
- Additional Maternity Leave (AML), the rest of the maternity leave, up to 52 weeks
All employees are entitled to take up to 52 weeks of maternity leave, regardless of length of service or the number of hours worked.
Employees are also entitled to claim Statutory Maternity Pay (SMP) when they have 26 weeks of continuous employment with their employer up to and including the 15th week before the expected week of childbirth (EWC), and average earnings of at least the National Insurance lower earnings limit during the eight-week period ending with the 15th week before the EWC.
This is payable at the following rates:
- 90% of the employee’s average weekly earnings (before tax) for the first six weeks
- £172.48 or 90% of their average weekly earnings (whichever is lower) for the next 33 weeks
Furthermore, calculating SMP for employees can be a difficult task. To streamline the process, it’s advisable for employers to utilise the guidance available to them from the government.
Maternity leave vs paternity leave vs shared parental leave
Whereas maternity leave is designed for mothers giving birth or adopting a child, paternity leave is the equivalent for new fathers and partners. If eligible, employees can take one or two consecutive weeks off work after the child’s birth or adoption.
To qualify for paternity leave, an employee needs to have been continuously employed for at least 26 weeks up to any day in the qualifying week. Unlike with maternity leave, an employee can’t go on paternity leave before the birth, while the statutory weekly rate of Paternity Pay is £172.48, or 90% of the employee’s average weekly earnings (whichever is lower).
The other option open to parents is shared parental leave, which is designed to give parents more flexibility during the first 12 months after:
- Having a baby
- Using a surrogate to have a baby
- Adopting a child
To be eligible, both parents must share responsibility for the child and meet work and pay criteria. Eligible parents can share up to 50 weeks of leave and 37 weeks of pay between them, meaning both parents can be away from work together for up to 6 months, or they can stagger the leave so one is always at home during the first 12 months.
Eligibility criteria for maternity leave
Ordinary maternity leave (OML) is the period of 26 weeks available to all employees, regardless of their length of service. However, only employees are entitled to maternity leave. Other workers, such as those who are self-employed, can, in some instances, claim maternity allowance from the government.
Employees eligible for maternity leave are required to tell their employer they are pregnant, their expected week of childbirth, and when they want their leave to start no later than the end of the 15th week before the EWC.
To qualify for SMP, employees need to provide their employer with proof of their pregnancy. As a result, within 21 days of their SMP start date (or as soon as possible if the baby is born early), employers need to be provided with a letter from a doctor or midwife or a MATB1 certificate.
When does maternity leave start?
Usually, the earliest an employee can start their maternity leave is 11 weeks before the expected date of childbirth. However, if the baby is born prematurely, the leave automatically starts the day of the birth.
Employers should also be aware that maternity leave will automatically kick in if an employee is off work for an illness related to their pregnancy during the four weeks before the week their baby is due.
How long is maternity leave?
As covered above, statutory maternity leave is 52 weeks, made up of 26 weeks of ordinary maternity leave and additional maternity leave.
While employees don’t have to take the maximum amount of time they’re entitled to, they do have to take a legal minimum amount. Employees are required to take two weeks maternity leave from the date of childbirth, and for some jobs, like factory workers, employees must take four weeks.
Employers also need to take into consideration pregnancy losses when it comes to the length of an employee’s maternity leave, such as miscarriages and stillbirths.
If a baby dies before 24 weeks of pregnancy, it is known as a miscarriage. In these cases, there is no legal entitlement to maternity leave. However, a miscarriage can be a deeply personal topic, and employers can support their staff with confidential conversations around fertility issues, and employee benefits, such as counselling services.
After a stillbirth, an employee has the right to maternity leave and legally must take a minimum of two weeks off work. If the employee chooses to, they can return to work at any time before the end of their maternity leave period (after giving the employer eight weeks’ notice). In these cases, both parents may have the right to statutory parental bereavement leave and pay.
Many organisations will have a guide or policy in place for pregnancy loss and bereavement support for staff at this critical and sensitive time.
Statutory vs enhanced maternity leave and pay
A third of organisations have a maternity pay policy that covers the statutory minimum requirement. However, almost two-thirds of organisations offer their employees more than the statutory minimum maternity pay.
Enhanced maternity pay, sometimes referred to as contractual maternity pay as it’s written into employment contracts, looks set to become a crucial differentiator for employers as working parents deal with the rising cost of living and statutory maternity pay covering just 47% of the national living wage. In fact, our research shows that 91% of working parents view family-friendly benefits like this as key when contemplating a job offer.
Most employers ask employees to have a minimum length of service, usually six months but sometimes up to 12, before they qualify for enhanced maternity pay. Typically, employers offer a combination of enhanced pay and SMP.
Here are some common examples of how it works:
- Full pay for around 12 weeks, followed by standard SMP for the rest of the maternity leave period
- Six weeks at full pay, followed by 33 weeks of SMP
- Six weeks of full pay, half pay for a period of time before paying SMP for the rest
Preparing for maternity leave
84% of employers understand that it’s in their interest to support pregnant employees and those on maternity leave, as this helps to increase staff retention and improve morale among employees.
In order to provide this support and successfully leverage the benefits that can come as a result, employers need a comprehensive approach to maternity leave, beginning with preparing for employees’ temporary absence.
Let’s examine some of the areas employers should consider before an employee goes on maternity leave.
Communication with expectant mothers
Our research shows that 29% of mothers are unsure of their rights and entitlements as working parents. Not only does this highlight the importance of signposting resources and education, but also the necessity of open communication between employers and working parents or those looking to start a family.
Facilitating communication of this kind can lead to more honest conversations in the workplace around maternity, allowing employers to better prepare for maternity leave in advance and understand what their workforce needs. Furthermore, it can also help employers better understand the needs of their employees, allowing them to build more robust policies regarding maternity leave and returning to work.
Temporary staffing solutions
Following honest conversations around maternity leave and an employee’s expectations, it can also be useful for employers to spend time reviewing their role and day-to-day responsibilities before their leave begins.
This allows employers and managers to obtain a better understanding of the employee’s role and subsequently ensure that relevant team members have access to contacts, clients, and relevant information that will make it easier to cover their work when their leave begins.
Depending on how long the employee intends to be off on maternity leave, employers may also need to consider other options for covering their work. This could include:
- Temporary hires to cover the maternity leave period
- Redistributing more tasks to other team members
- Outsourcing work
Creating a supportive work environment
As already demonstrated, a supportive culture within the workplace can assist employers in the attraction and retention of talent, with our research with the Fawcett Society showing that 78% of workers believe it’s key for workplaces to facilitate open and safe conversations around fertility. Creating this atmosphere of support can also help lay the ground for successful employee relationships before, during and after maternity leave.
That’s because by fostering a supportive work environment, employers can demonstrate to their workforce their commitment to positive, inclusive, and progressive values. This can, in turn, make the process of starting and returning from maternity leave smoother for both employers and employees.
There are a variety of ways employers can do this, the most popular of which include flexible and remote working options. Flexible working, in particular, has gained traction in recent years, with mentions in job ads increasing sixfold between 2019 and 2023.
Managing maternity leave
Once an employee’s maternity leave has officially begun, it’s vital that employers manage the process carefully. This includes staying in touch with employees appropriately during their leave and working to ensure a smooth return to work once their maternity leave comes to an end.
Let’s look at some of the key considerations for employers looking to successfully manage employees’ maternity leave.
1. Maintaining contact
In most cases, it’s useful for employers and employees to remain in contact during the employee’s maternity leave. As a result, it makes sense for employers to have conversations on this topic before maternity leave starts as part of wider efforts to improve communication around maternity and fertility.
Furthermore, keeping in touch (KIT) days are a great way to help employees stay in touch with their colleagues and ease them back to work, allowing them to work during maternity leave for up to ten days without bringing their leave to an end.
During KIT days, employees can carry out work for the employer and may be paid for this (usually at the normal contractual rate of pay, but there are implications for statutory maternity pay). KIT days can involve:
- Training events
- Team meetings
- A phased return to work near the end of maternity leave
Any day that an employee works for the employer is counted as one of the KIT days, even if, for example, they only come in for an hour’s team meeting.
Currently, around two-fifths of organisations encourage their employees to take the option of keeping-in-touch days during maternity, adoptions and shared parental leave, according to the Chartered Institute of Personnel and Development (CIPD). And it’s easy to see why, with our research showing that 65% of mothers found their KIT days useful.
However, we also found that just over a fifth of new mothers receive no KIT days. As a result, employers looking to maintain contact with employees and facilitate a smooth return to work should consider promoting KIT days as an opportunity for employees.
2. Support returning to work
In terms of the practicalities of returning to work, if an employee wants to come back earlier than planned, they need to give their employer at least eight weeks’ notice. Providing the employee gives this notice, employers can’t refuse the request to return to work early. However, if the employee doesn’t give the proper notice, employers can refuse to pay the employee until the end of the 8 week notice period.
Whenever an employee is ready to come back to work, it’s crucial that employers have a strategy in place to ensure a smooth transition back to the workplace. However, our research shows that 30% of mothers said they had no support upon returning to the workplace, a number that rises to 42% for those who took 26-52 weeks of maternity leave.
This highlights the need for employers to implement comprehensive support for employees as they return to the workplace to ensure a seamless transition. This can include:
- Extended parental leave beyond the legally mandated period
- Encouragement to take breaks and prioritise self-care
- Regular check-ins with seniors to discuss progress
3. Offering phased returns and flexible working
On top of the measures outlined above, employers can introduce additional methods to support employees upon their return to work.
A phased return to work, for example, sees employees start off doing fewer hours and/or days than usual. This allows them to gradually integrate themselves back into the workplace, rather than having to deal with a full-time return instantly.
Another option is flexible working, which is a great way for many to juggle a return to work with childcare commitments. The options for this include:
- Standards hours that vary around employee needs, for example, shorter hours during school holidays and longer hours during time
- Standard hours spread over fewer working days
- Working pre-agreed core hours, with remaining hours worked to suit the employee
- Dividing the role with other employees as part of a job share
- Staggered work hours, such as 7am – 3pm
Despite this, just 31% of working mothers have access to flexible working that enables them to effectively manage their childcare responsibilities, contributing to just under three-quarters of parents taking unpaid time off due to childcare responsibilities.
This signals that employers serious about uplifting new mothers at work and unleashing the potential of all working parents should consider how they can implement more flexible working arrangements that allow them to maximise the potential of their workforce.
Legal protections and obligations for employers
Employees who are pregnant or on maternity leave are given extra legal protection, as the law recognises their vulnerability at this time. Given that employers must comply with these legal obligations, it’s vital to understand them in order to protect themselves from accusations of discrimination or unfair dismissal.
Let’s delve into some of the specifics.
Pay and pension
While employees are on maternity leave, they are usually still entitled to benefits (including gym memberships and so on) and accrue annual leave. They should also receive salary reviews and employer pension contributions as usual.
Communication
Staying in contact with an employee during their maternity leave is crucial in order to establish when they are returning to work and to keep them updated on any changes that have taken place during their absence. If employers fail to maintain contact with an employee on maternity leave, the employee may feel excluded, making their return to work more difficult.
Keeping employees on distribution lists for workplace updates, vacancies, training events and social occasions is a good way to keep them in the loop without making them feel like they need to respond.
Employers should make an employee aware there is no pressure to attend workplace social events and training during maternity leave. But excluding an employee who wants this contact could potentially lead to a claim of pregnancy and maternity discrimination under the Equality Act 2010.
However, employers’ contact with an employee on maternity leave must always be ‘reasonable’. While there is no definition provided on what constitutes this ‘reasonable contact’, it might be viewed as unreasonable to make repeated and persistent contact to ask when an employee is returning to work. Doing so could be viewed as harassment.
KIT days
KIT days can be beneficial for both employers and employees but remember, there is no legal obligation on the employee to work them. Employees are entitled to turn down the offer of work without suffering consequences, and it is unlawful to treat employees unfavourably on account of them not working KIT days.
However, this works both ways. An employee cannot simply turn up for work and expect to be paid. As a result, for KIT days to be effective, there should always be an agreement made in advance between the employee and their employer.
Flexible work
All employees, not just working parents, are entitled to request changes to their hours of work, days of work, or place of work after they have been employed for at least 26 weeks by making a statutory application.
Under the new Flexible Working Bill, workers in the UK will have the right to make these requests from day one of their employment, with employers required to consider any requests and provide a reason before rejection. This will subsequently open the possibility of flexible work for millions of employees.
Crucially, employers will potentially have to consider requests from new and expectant parents looking to juggle work commitments with childcare. Under this new legislation, employers will need to consult with the employee and make a decision within two months.
Maternity discrimination
Pregnancy and maternity is one of nine “protected characteristics” covered by the Equality Act 2010.
The Act states that pregnancy and maternity discrimination occurs where an employer treats an employee unfavourably because:
- They are pregnant
- They’ve suffered illness because of pregnancy
- They are on compulsory maternity leave
- They are exercising their right to ordinary or additional maternity leave
In summary, employees cannot be treated unfairly or discriminated against by their employer because of their pregnancy or the fact they are on maternity leave.
Despite this, the Equality and Human Rights Commission suggests more than three-quarters of pregnant women and new mothers experience negative and potentially discriminatory treatment at work each year.
Creating an inclusive workplace for all parents
Promoting a culture that values, accepts and respects everyone within the workplace is crucial for employers looking to support their employees on their journey to parenthood. Doing so is the first step to understanding the support employees need during maternity leave and subsequently helping new mothers successfully transition back into the workplace.
This support should also include awareness and respect of the different paths to parenthood, including for those from the LGBTQ+ community, with research suggesting that more than one in five experience a negative or mixed reaction from others at work due to being LGBTQ+.
Developing clear policies that celebrate families and all parents allows employers to cultivate a more diverse and accepting workplace that uplifts employees and maximises their professional potential.