As an employer it is important to be aware of and understand your obligations when one of your employees informs you that they are pregnant. Pregnant employees are protected against discrimination and are afforded several legal rights during their pregnancy and maternity leave.
Employees are required to inform you that they are pregnant no later than 15 weeks before their baby is due. They must also let you know the expected week of the birth and the date they wish to commence maternity leave. After you receive this information, you must respond to the employee within 28 days to confirm their maternity leave entitlement and return to work date.
It is advisable to provide this information in writing – and take the opportunity to formally congratulate your employee!
What to include:
- Notification of the date maternity leave will end
If the employee tells you the length of time they wish to take as Maternity Leave, you can use this to work out their return to work date. Otherwise, you can assume the return to work date will be 52 weeks from the start date.
If the start date changes due to an early arrival or pregnancy-related illness – make sure to give the employee a further notification of the revised end date within 28 days.
- Outline entitlement
Eligible employees can take up to 26 weeks’ ordinary maternity leave plus 26 weeks’ additional maternity leave. You should also outline any company maternity leave arrangements within your policies that are over and above the statutory minimum.
- Maternity pay eligibility
Let the employee know whether they are eligible for statutory maternity pay and outline any company maternity pay that may be available in addition. If the employee is not eligible, enclose form SMP1 and explain they may be entitled to Maternity Allowance.
- Risk assessments
Make arrangements for specific risk assessment to identify any risks to the specific employee (this is in addition to your obligation to carry out a generic risk assessment). Where risks are identified, you should take reasonable steps to remove them, for example by giving the employee additional breaks or removing the requirement to lift heavy objects.
- Antenatal care
Remind the employee of their entitlement to take paid time off for antenatal care and who they should notify of any upcoming appointments.
- KIT days
Outline the option to work up to 10 ‘keeping in touch’ days – this will not bring the employees maternity leave or pay to an end.
- Finally, outline the arrangements for the employees return to work including how much notice is required for an early return, notice required if deciding not to return and procedure for making a flexible working request if required.
If you require assistance with managing an employee’s pregnancy, updating your maternity policy or assistance with drafting the letter, please contact us on [email protected]