Everything Employers Need to Know about Maternity Leave

All those employed under a contract of employment – regardless of how long they’ve been with you – and who give the correct notice, are entitled to Statutory Maternity Leave.

The correct notice must be given at least 15 weeks before the expected week of childbirth (EWC). When an employee provides this notice of their pregnancy, they must provide the baby’s due date and the date they want to start their maternity leave.

 

Who is eligible for statutory maternity pay

To qualify for Statutory Maternity Pay, employees must have continuously worked for you for at least 26 weeks prior to their qualifying week (i.e. the 15th week before the EWC) and:

• Provide proof of pregnancy in the form of the MATB1 form, if requested
• Give the correct notice – see below
• Be on your payroll in the qualifying week
• Have average earnings of at least the lower earnings limit (in the year 24/25 £123 (gross)) in the eight weeks before the qualifying week.

Can part-time employees get maternity leave?

Yes. Whether staff are full-time employees or part-time employees, they’ll all qualify for statutory maternity pay and receive the same amount of leave, as long as they satisfy the above requirements.

Can an employee work while on maternity leave

Employees can work while on maternity leave to a limited extent, but cannot be required to. Now we’re certainly not talking about going back to work five days a week and nine to five in the office for lengthy periods. This is something called ‘keeping in touch days’. This allows employees to work up to 10 paid days during their maternity or adoption leave, as long as it’s been agreed between you and the employee. The type of work your employees will be doing and the pay they’ll be receiving should be agreed upon before they start.

 

What you need

Proof of pregnancy

An employee must provide proof of pregnancy in the prescribed form (MATB1) before you pay Statutory Maternity Pay.

MATB1 forms are usually provided at least 15 weeks before the EWCThe employee must supply you with their proof of pregnancy at least 28 days before their Statutory Maternity Pay start date. However, at your discretion, you can agree to accept proof at a later date if you wish, if it was not reasonably practicable for the employee to comply with the 28 days requirement.

To keep records

You must keep the following records for HM Revenue and Customs (HMRC):

• Proof of pregnancy, e.g. MATB1 form
• Date of birth
• Date notified by the employee as the first day of absence because of pregnancy, and if different the date the absence started
• The date Statutory Maternity Pay started
• Weeks in which SMP was paid and the amount paid each week
• The dates of any weeks within the maternity pay period when you didn’t provide Statutory Maternity Pay and why.

 

How long is maternity leave in the UK?

Maternity leave in the UK is 52 weeks. This is broken down into the first 26 weeks being ‘Ordinary Maternity Leave’, and the last 26 weeks being ‘Additional Maternity Leave’.  There is also a period of compulsory maternity leave, during which the employee must not be permitted to return to work. This is usually for two weeks following the birth but is extended to four weeks for employees working in factories (as defined in the legislation).

When you can take maternity leave

The earliest that leave can be taken is 11 weeks before the expected week of childbirth unless the baby is born early, in which case the maternity leave would start earlier than the chosen date.

 

Get maternity leave and pay advice from experts at Citation

At Citation, our HR & Employment Law consultants are on hand to support you with anything you need to know about maternity pay. When you partner with us you get an all-encompassing HR & Employment Law Package:

• 24/7 advice line
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• HR documentation
• Online HR management hub – Atlas

If you need a hand with anything maternity, paternity or pay-related and would like to join us, then contact our experienced HR & Employment Law experts online or on 0161 532 4684.