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Maternity Leave

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Maternity Leave

SECTION GUIDE

What is Maternity Leave?

Maternity leave is the period of absence from work granted to an employee before and after the birth of their child. In the UK, it is a statutory right that protects a new mother’s job while allowing her time to recover and bond with her baby.

Employees are entitled to up to 52 weeks’ maternity leave, regardless of how long they have worked for their employer.

This entitlement is made up of:

  • 26 weeks of Ordinary Maternity Leave (OML)
  • 26 weeks of Additional Maternity Leave (AML)

What does Maternity Leave mean?

In HR, maternity leave is more than just a statutory entitlement — it is part of a business’s duty to support employees during pregnancy and early parenthood, while ensuring compliance with employment law.

Key HR considerations include:

  • Managing leave requests and ensuring entitlements are explained clearly.
  • Planning cover for the employee’s absence (temporary recruitment, redistribution of tasks, job-sharing).
  • Supporting the employee’s return to work, including flexible working requests.
  • Ensuring employees are not discriminated against due to pregnancy or maternity, in line with the Equality Act 2010.

Statutory Maternity Pay (SMP):

Employees may be entitled to Statutory Maternity Pay if they have worked for the employer for at least 26 weeks before the qualifying week and earn above the Lower Earnings Limit. SMP is paid for up to 39 weeks:

  • 6 weeks at 90% of average weekly earnings (before tax)
  • 33 weeks at the statutory rate (£184.03 per week from April 2025) or 90% of average weekly earnings (whichever is lower)

Some employers offer enhanced maternity pay through contractual policies.

  • Why does Maternity Leave matter for your business?

    For SMEs, maternity leave requires careful planning and sensitivity. It impacts workforce planning, budgets, and employee engagement.

    Risks of poor management include:

    • Legal claims – Discrimination or unfair dismissal linked to pregnancy/maternity can result in costly tribunal claims.
    • Low morale and disengagement – Mishandling maternity leave can damage employee trust and company culture.
    • Reputational damage – Negative experiences can affect employer branding and recruitment.

    Benefits of managing maternity leave well include:

    • Demonstrating compliance with employment law.
    • Supporting employee wellbeing and family life.
    • Encouraging loyalty and retention by showing care during key life stages.
    • Attracting talent by building a reputation as a family-friendly employer

  • Maternity Leave – best practices for employers

    Employers can go beyond legal obligations to create a supportive and inclusive culture.

    Clear Policy & Communication

    • Have a written maternity policy that explains entitlements, pay, and notice requirements.
    • Encourage employees to notify their manager and HR early to enable planning.
    • Provide information on maternity leave, pay, and rights in writing.

    Risk Assessments

    • Carry out pregnancy risk assessments to ensure the employee’s health and safety at work.
    • Make reasonable adjustments (e.g. changes to working hours, tasks, or equipment) to support the employee during pregnancy.

    Planning for Absence

    • Agree how the employee’s role will be covered (temporary hire, internal cover, or redistribution).
    • Maintain transparency with colleagues about changes to avoid resentment or confusion.

     Keeping in Touch (KIT) Days

    • Employees can work up to 10 Keeping in Touch days during maternity leave without affecting their leave or pay entitlements.
    • These are optional but can help employees stay connected, attend training, or prepare for their return.

    Return-to-Work Support

    • Discuss flexible working requests fairly and consistently.
    • Offer phased returns where possible to ease the transition.
    • Provide clear communication about role responsibilities and changes during absence

    Sensitivity & Change Management

    • Treat conversations with empathy — pregnancy and parenthood are significant life changes.
    • Train managers on how to support employees without bias or assumptions.
    • Support mental health and wellbeing, recognising that returning to work after maternity leave can be challenging.

What should a Maternity Leave policy include?

A clear and well-structured maternity leave policy is essential for both compliance and employee confidence. It ensures businesses meet UK employment law requirements while helping employees understand their entitlements during pregnancy and after childbirth.

  • 1. Eligibility and Entitlement

    • Confirm that all employees who are pregnant are entitled to up to 52 weeks of maternity leave.
    • Set out the difference between Ordinary Maternity Leave (OML – 26 weeks) and Additional Maternity Leave (AML – 26 weeks).

     

  • 2. Notice Requirements

    • Explain when and how employees must notify the business of their pregnancy and intended leave dates.
    • Specify required documents, such as the MATB1 certificate, to confirm eligibility.

  • 3. Maternity Pay

    • Provide a clear outline of Statutory Maternity Pay (SMP), including eligibility criteria and payment structure.
    • Detail any enhanced or contractual maternity pay the organisation offers.

  • 4. Health & Safety Provisions

    • Reference the need for pregnancy risk assessments to protect health and safety at work.
    • Outline employee rights if the workplace is deemed unsafe, including suspension on full pay where necessary.

  • 5. During Maternity Leave

    • Clarify rules around Keeping in Touch (KIT) days and how they can be used.
    • Confirm that annual leave and pension contributions continue to accrue during maternity leave.

  • 6. Return-to-Work Process

    • State the notice required for an employee to return early.
    • Explain the process for requesting flexible working or phased returns.
    • Reassure employees of their right to return to the same or a suitable alternative role.

Your Questions Answered

FAQs on Maternity Leave

  • Can employees request flexible working after maternity leave?Reveal

    Yes, employees have the right to request flexible working, which employers must consider reasonably.

  • What happens to holiday entitlement during maternity leave?Reveal

    Holiday continues to accrue during maternity leave and should be taken before or after leave if possible.

  • What are Keeping in Touch (KIT) days?Reveal

    Up to 10 optional days where employees can work without ending maternity leave.

  • Is maternity leave paid?Reveal

    Eligible employees can receive Statutory Maternity Pay (SMP) for up to 39 weeks. Some employers offer enhanced pay.

  • When can maternity leave start?Reveal

    It can begin any time from 11 weeks before the expected week of childbirth, unless the employee is off sick with a pregnancy-related illness earlier.

  • How much maternity leave can an employee take?Reveal

    Up to 52 weeks (26 weeks Ordinary Maternity Leave + 26 weeks Additional Maternity Leave).

  • How much maternity leave can employees take?Reveal

    1. Up to 52 weeks, with 39 weeks’ paid if eligible.

Where to find out more A collection of hand-picked useful resources in relation to Maternity Leave from impact HR and beyond

Need support with an employee going on Maternity Leave?

Whether you’re updating HR policies, training managers, or handling complex employee issues, impact HR can help you stay compliant, confident, and in control. Request a callback to see how we can support your business.

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