EMPLOYER GUIDE TO MATERNITY AND ADOPTION LEAVE

STATUTORY MATERNITY LEAVE OVERVIEW

Statutory Maternity Leave allows eligible employees to take up to 52 weeks of leave. This is split into 26 weeks of ordinary maternity leave (OML) and 26 weeks of additional maternity leave (AML). 

According to official UK government guidance on maternity leave, an employee can choose the 26-week ordinary maternity leave or the full 52 weeks, which includes Additional Maternity Leave. This decision may be driven by financial reasons, career considerations and personal preferences. 

The earliest an employee can begin their leave is 11 weeks before the expected week of childbirth. Employees must take at least two weeks of leave after the birth or four weeks if they’re a factory worker.

When Should an Employee Notify Their Employer of Maternity Leave?

An employee must notify their employer of their maternity leave at least 15 weeks before the expected week of childbirth. They need to provide the baby’s due date and the date they wish to start their maternity leave. Employees can change this start date as long as they provide 28 days’ notice.

Maternity Pay

To qualify for Statutory Maternity Pay (SMP) an employee must:

• Earn on average at least £123 a week
• Provide the correct notice and documentation that they are pregnant
• Have worked for the employer continuously for at least 26 weeks up to the end of the 15th week before the expected week of childbirth

Statutory Maternity Pay (SMP) is paid for up to 39 weeks:

• First 6 weeks: 90% of the employee’s average weekly earnings (before tax)
• Next 33 weeks: £184.03 per week or 90% of their average weekly earnings (whichever is lower)
• SMP is paid in the same way as wages (for example monthly or weekly). Tax and National Insurance will be deducted.

Time Off For Antenatal Care

Antenatal care refers to the care an employee receives from medical professionals throughout their pregnancy. Pregnant employees have a legal right to paid time off for antenatal care. This right applies right from the first day of employment, regardless of probation or hours worked. Employees are entitled to reasonable time off with full pay to attend antenatal appointments. Employers are not permitted to ask employees to make up the time or request them to use annual leave. They may request proof of appointments after the first one. 

Sickness During Pregnancy

Pregnancy related sickness must be recorded by employers separately from other sick leave. It cannot be used against an employee for disciplinary or promotion decisions. These protective measures exist to ensure pregnant employees receive the same rights and are not treated unfavourably. If you would like further guidance on absence management, the experts at Clover HR are here to support you.

Contact on Maternity Leave

Contact during maternity leave is permissible as long as it is reasonable. It can include discussion about workplace changes, updates, training opportunities or returning to work. Communication should be appropriate, scheduled in advance when possible and never pressuring an employee to return. No employee should feel obligated to work while on leave. Keeping an open line of communication can help ensure a smooth transition back to the workplace. 

KIT Days

KIT (keeping in touch) days allow employees to work up to 10 days during maternity leave without ending their leave or affecting their Statutory Maternity Pay. Employees are entitled to be paid for time worked at their normal rate or the National Minimum Wage. As per the Pregnancy and Birth section on GOV.UK, ‘The type of work and pay employees get should be agreed before they come into work.’ These days are entirely optional and need to be agreed to by all parties.

Returning to Work After Maternity Leave

Employees have the right to return to work once their maternity leave ends. If they return after ordinary maternity leave (the initial 26 week period), they are entitled to return to the same job. 

The same right applies to employees who use additional maternity leave (up to 52 weeks). In instances where a company has undergone significant changes and the employee’s role no longer exists, the employer must offer a suitable alternative role under the same terms, pay and benefits.

Are There Differences Between Maternity Leave and Surrogacy Leave?

Yes. There are different legal rights for parents and surrogates. While both provide time off, the legal rights differ. This will depend on whether the employee is giving birth or becoming a parent through surrogacy. Maternity leave is only for the person giving birth. Parents in a surrogacy agreement may qualify for adoption pay and leave, provided they meet the legal criteria and intend to apply for a parental order. Both types of leave can last up to 52 weeks and offer similar rights such as protection from discrimination and the right to return to work.

Statutory Adoption Leave Overview

When an employee takes time off to adopt a child or have a surrogacy arrangement, they may be eligible for statutory adoption pay and leave. Similar to maternity leave, employees can take up to 52 weeks of statutory adoption leave. The first 26 week period is referred to as ordinary adoption leave. The next 26 week period is known as additional adoption leave. 

While there are similarities to maternity leave, only one person in a couple can take adoption leave. The other may be eligible for paternity or shared parental leave. During this period, employees remain protected from discrimination and retain the right to return to work. Individuals adopting through an approved adoption agency are entitled to take adoption leave, as are parents in certain surrogacy arrangements.

Duration and Changing Dates of Adoption Leave

Employees are permitted to take up to 52 weeks of adoption leave. The first 26 week period is considered ordinary adoption leave. The following 26 week period is considered additional adoption leave. Employees are allowed to take the full 52 weeks or choose to take less.

Evidence of Adoption

Employers may request reasonable evidence of adoption to confirm an employee’s statutory adoption leave. Evidence can include a matching certification or official documentation from an adoption agency. 

The documentation should include information showing the employee has been matched with a child and confirm the expected placement date. Employers can also request written confirmation of the date an employee intends to begin their adoption leave. 

Adoption Leave Pay

Employees who take time to adopt a child may be eligible for statutory adoption pay, which provides financial support during their leave. Employees who qualify for statutory adoption pay receive 90% of their average weekly earnings during the first six weeks. After the six weeks, they receive either £172.43 per week or 90% of their average weekly earnings (whichever is lower) for the remaining 33 weeks.

Employment Law With Clover HR

There’s a lot of confusing legislation and requirements involved with maternity and adoption leave. The experts at Clover HR are here to help with expert HR consultancy services to support your business. Our knowledgeable team has a rich understanding of employer rights on maternity leave and can provide you with the expert assistance you need. Fill out our contact form, give us a call on 0330 175 6601 or email us at info@cloverhr.co.uk.