It can sometimes come as a surprise when a employee notifies you that they are expecting a child. Firstly, it is important not to make assumptions or judgments around the circumstances. It is also important to be mindful to respond appropriately, as opposed to reacting.
This may also be a time of overwhelm for the employee, generally conversation should focus on the more immediate and short-term, as opposed to discussions around if they will be returning and if it will be full time. However, some employees may also be concerned about the long-term in relation to their role for example, if this is the case it may be helpful to reassure them that their wellbeing is paramount, and talk to them about what they might expect in terms of process and leave etc.
Whilst the above mostly focuses on mental and emotional wellbeing, employers are of course also responsible for the physical wellbeing of employees, and those who are pregnant require the consideration of additional protective measures.
No employee should be undertaking work which poses a risk to pregnant employees or unborn children, without adequate controls in place. However, as soon as an employee informs you they are pregnant, it is important to initiate and detail appropriate forms of communication, which allow you to support the employee during this evolving period. There may also be immediate implications, either due to the specific role the employee normally does, or related to a condition arisen with the pregnancy, which may involve some immediate adjustments.
Conducting an Individual Pregnancy Risk Assessment with the employee is an ideal way to meet both those requirements.
During that initial conversation or meeting with the employee, however you are notified, be sure to clarify with them who else will be informed of their pregnancy. For example, you may feel the need to inform their direct-line manager for example. Although your confidentiality obligations to the employee are pivotal, the employee’s wellbeing is paramount. Conducting the risk assessment will determine any levels of risk or any additional measures which may need put in place, including considering who is informed and how. This is an important process which works best when completed with the pregnant employee, both transparently and supportively.
All pregnant employees (regardless of length of service) are entitled to reasonable time off work for antenatal care.
Any time off must be paid at their normal rate of pay. It is unlawful for an employer to refuse to give reasonable time off for antenatal care, or to pay an employee at their normal rate of pay.
This applies to all employees, either full time or part time, that is you must not unreasonably refuse to allow an employee to attend antenatal appointments during normal working hours. However, where reasonable, employees should arrange classes or examinations outside working hours – where they can.
We must remember . government guidance says that antenatal care includes not only medical examinations but also, for example, antenatal classes, relaxation or parentcraft classes, as recommended by a registered doctor, midwife or health visitor.
A process should be in place to enable employers to manage these periods of time off for antenatal appointments. Employers might wonder, how do I know they are actually going to an appointment? Firstly, a good risk assessment and regular review thereafter should keep you informed regarding the pregnant employees’ progress, and any requirements to attend additional appointments.
In terms of evidence or record keeping, after your employee has been to their first antenatal appointment you can ask for proof of appointments, such as an appointment card or some other written evidence. However, employers are recommended to approach with flexibility and understanding, as supporting the health and wellbeing of all employees, particularly those who may be at increased risk, such as expectant employees, is paramount.
Remember, many appointments are at set times and your employee may have little control over this.
Also note, as of 2014, partners (male or female) also have a legal right to attend two antenatal appointments (up to six and a half hours for each appointment). However, you are not legally required to pay for this time off. The partner too must provide written confirmation (a declaration) of the appointment date and time and entitlement if requested to do so, but they do not have to provide a copy of the appointment card or letter. For avoidance of doubt, a “partner” includes the spouse or civil partner of the pregnant employee and a person, of either sex, in a long term relationship with her. Entitlement also applies in surrogacy situations.
Note: If employees qualify for statutory adoption leave they will also be able to take paid time off for up to five pre-adoption appointments if they are the main adopter, and the second adopter will be allowed to take unpaid time off for two appointments.
It is important that you communicate to staff their entitlements through your policies, you apply them consistently and fairly, and you ensure to follow statutory requirements at a minimum.
Whilst all employees are entitled to take maternity leave, provided they give their employer appropriate notice, not all maternity leave is paid by the employer.
Employees will be able to avail of one of 3 types of maternity pay as summarized below;
Statutory Maternity pay (SMP) is paid for up to 39 weeks. In 2024 employees get:
– 90% of their average weekly earnings (before tax) for the first 6 weeks
– £184.03 or 90% of their average weekly earnings (whichever is lower) for the next 33 weeks
Statutory Maternity Allowance (SMA) is paid for up to 39 weeks. In 2024 employees get:
– £184.03 a week or 90% of their average weekly earnings (whichever is less) for up to 39 weeks if they’re employed or have recently stopped working.
If an employee does not return to work after maternity leave, they might have to repay an element of their maternity pay. This depends on the type of pay and what their contract says. They will however, not be required to pay back any of the statutory pay.
The type of leave an employee will receive is decided either by their employment contract, which may detail enhanced maternity pay, or by assessing if an employee qualifies for statutory maternity pay.
Pregnant employees will receive a MATB1 form from their healthcare provider at, or closely after 20, weeks of pregnancy. They should provide this to their employer, who can then check their eligibility for statutory maternity pay. If they do not qualify for statutory maternity pay, they must be given an SMP1 form, which will enable them to claim Maternity allowance.
Note: Employers can claim back 92% of statutory maternity pay from the Government.
Statutory Maternity leave is 52 weeks (not all of which is paid leave).
It can start any day from 11 weeks before the baby’s due date. However, Maternity leave will start automatically if: the baby comes early or the employee is off work with an illness related to pregnancy in the 4 weeks before the their due date.
An employee can work right up until the day their baby is born, if they wish and it is safe to do so.
In terms of when it ends, Employees may choose to return before the end of the 52 week maternity period, normally they will need to provide their employer with 8 weeks’ notice of their intention to do so.
Do bear in mind, all employees must take at least 2 weeks maternity leave following the birth of their baby, or 4 weeks if they work in a factory environment.
Always remember: Employees should not be at any detriment for taking maternity leave, and they normally have the right to return to the same role and conditions they had prior to their maternity leave.
Join us for Part 2 of Maternity FAQ’s next Month. However, if you need any support with Maternity practices in your workplace, or indeed if you have any queries regarding your Maternity Policy & Benefits, do reach out to us.