Maternity Leave – General Overview
Thanks for reading our maternity leave guide for employers. It’s equally as useful for employees who may or are planning to start a family.
Pregnant employees, have the right to take up to 52 weeks’ maternity leave. This is regardless of their length of service.
The pregnant employees may also qualify for up to 29 weeks’ statutory maternity pay, or a maternity allowance. The latter if they do not qualify for statutory maternity pay.
At the end of the ordinary maternity leave, or during, an employee has the right to return to work to the same job and on the same terms as if she had not been absent. (See time exclusion in the key points below for normal and factory work).
Time off must be allowed for pregnant employees to attend ante-natal appointments.
As an employer, you must be aware of particular health and safety obligations in respect of pregnant employees, and also to those who have recently given birth or who are breastfeeding. Contact one of our HR consultants to find out more – 01352 781965.
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MATERNITY LEAVE KEY POINTS
- All pregnant employees are entitled to 26 weeks’ ordinary maternity leave (OML) and 26 weeks’ additional maternity leave (AML), regardless of their length of service.
- An employee is prohibited from working in the two weeks (four weeks if she works 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. Employers may also provide a period of enhanced maternity pay.
- From 5 April 2020 the statutory maternity pay rate has increased to £151.97 per week from 4 April 2021.
- Employees may agree to do up to 10 days’ work – known as ‘Keeping in touch’ (KIT) days – during the maternity leave period without losing statutory maternity pay (SMP) or triggering the end of maternity leave.
- After additional maternity leave, an employee is 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.
- Pregnant employees and those who are on maternity leave have significant employment protections. They are entitled not to be subjected to a detriment or to be dismissed because they are pregnant or because they have 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.
- Women 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 than has been the case.
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I hope this article has been useful to your organisation or as an individual, be it an employee or manager. If you would like more HR information or advice, please contact us today. Details below. You can also sign up to FREE HR insights by completing the form above.
Paul Deaves. Assoc. CIPD.
Managing Director.
Tel: 01352 781965 | Email: hello@hivecollaborative.co.uk
A member of the Professional Body for HR and People Development.
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