Purpose
This Standard Operating Procedure sets out the process for acknowledging an employee’s formal maternity leave notification. It ensures [Organisation Name] fulfills its statutory duty to confirm leave dates in writing, clarify pay entitlements, establish communication protocols during leave, and maintain accurate employment records.
Working through related paperwork at the same time? See also our Paternity Leave Confirmation Letter, Offer Letter and Maternity Leave Policy.
Scope
This procedure applies to all eligible employees, line managers, and HR or Payroll personnel within [Organisation Name] who process statutory maternity leave and pay notifications.
Responsibilities
- Employee: Submits written notification of the expected week of childbirth and intended leave start date by the statutory deadline (typically the 15th week before the expected week of childbirth). Attaches or follows up with the MATB1 medical certificate.
- Human Resources / Line Manager: Verifies submitted details, drafts and issues the written confirmation letter within statutory timelines, agrees on communication during leave, and plans cover.
- Payroll: Assesses Statutory Maternity Pay (SMP) eligibility, issues form SMP1 if the employee does not qualify, sets payment schedules, and calculates statutory or enhanced maternity pay.
Legal and Regulatory Framework
Under UK employment law, specifically the Employment Rights Act 1996 and supporting regulations, employers must issue written confirmation of statutory maternity leave start and end dates within 28 calendar days of receiving formal notice.
Key entitlements and legal obligations:
- Statutory Leave Duration: Eligible employees can take up to 52 weeks of Statutory Maternity Leave.
- Statutory Maternity Pay (SMP): Qualifying employees receive up to 39 weeks of SMP.
- Equality Act 2010: Pregnancy and maternity are protected characteristics. Clear, timely, and objective correspondence maintains compliance with non-discrimination duties.
- Form SMP1: If an employee does not meet earnings or service criteria for SMP, the employer must state the reasons using government form SMP1.
Pre-Issuance Verification Checklist
Before drafting and sending the confirmation letter, the issuing manager or HR representative must confirm the following:
- Notice Review: Check that the employee’s notice contains both the expected week of childbirth and the requested leave start date. Clear up any ambiguities directly with the employee before issuing the letter.
- MATB1 Certificate Tracking: Confirm receipt of the official MATB1 maternity certificate signed by a doctor or midwife. Do not hold the confirmation letter past the 28-day deadline if the MATB1 is pending; request the certificate separately.
- Date Calculations: Calculate the earliest allowed leave start date, the compulsory leave period immediately following childbirth, the full 52-week leave end date, and the return date (the first working day after leave ends).
- Pay Assessment: Confirm Payroll has checked SMP eligibility to select the correct pay clause.
- Enhanced Organizational Benefits: Confirm whether the employee qualifies for enhanced maternity pay under company policy, noting any length-of-service rules or repayment conditions.
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Confirmation Procedure
Step 1: Receipt of Notification
Record the date you receive the employee’s notice. This starts the 28-calendar-day statutory window for your written response.
Step 2: Payroll Assessment
Send the notice details to Payroll. Payroll will verify SMP eligibility or generate form SMP1 if the employee does not qualify.
Step 3: Drafting the Letter
Select the matching letter template below based on pay eligibility. Fill in all placeholders with verified dates and figures.
Step 4: Letter Issuance
Send the signed letter to the employee by post or email within 28 days of receiving their notice.
Step 5: Internal Notification
Send copies of the signed letter to Payroll and the employee’s direct line manager so they can plan cover and set up payment schedules.
Step 6: Calendar Management
Log key dates in the departmental calendar: leave start date, leave end date, initial return date, and statutory notice deadlines for return date changes.
Maternity Leave Confirmation Letter Template
[On Organisation Letterhead]
[Date]
[Employee Name] [Employee Address / Email]
Re: Confirmation of Maternity Leave and Pay
Dear [Employee Name],
Thank you for your notification dated [Date of Notice] informing us that your baby is expected in the week beginning [Expected Week of Childbirth] and that you intend to start your maternity leave on [Leave Start Date].
[Select one of the following sentences regarding the MATB1 certificate:] [Thank you also for providing your MATB1 certificate, which has been forwarded to Payroll.] [We require your official MATB1 maternity certificate once it is issued by your midwife or doctor. Please submit this document to [Name/Role] as soon as it is available.]
This letter serves as official confirmation of your maternity leave arrangements. Your statutory maternity leave will commence on [Leave Start Date]. You are entitled to take up to 52 weeks of statutory maternity leave. Unless you notify us otherwise, your leave period will end on [Leave End Date], and we will expect you to return to work on [First Working Day After Leave End Date].
If you wish to return to work prior to [Leave End Date], you must provide [Number, e.g., 8] weeks’ written notice before your new return date. Should your baby arrive earlier than expected, or if you need to alter your leave start date, statutory notification rules apply; please inform [Name/Role] promptly so revised dates can be confirmed in writing.
[Select Option A or Option B below based on payroll verification:]
[OPTION A: QUALIFIES FOR STATUTORY MATERNITY PAY] Our records confirm that you meet the criteria for Statutory Maternity Pay (SMP). SMP is payable for up to 39 weeks at statutory rates. [Name/Role in Payroll] will provide details regarding payment figures and schedules prior to your first payment date. [Include details of any enhanced occupational maternity pay provided by Organisation Name, including payment rate, duration, and any applicable repayment obligations upon return to work. If no enhanced pay applies, omit this sentence.]
[OPTION B: DOES NOT QUALIFY FOR STATUTORY MATERNITY PAY] Following an assessment of the eligibility criteria, we regret to inform you that you do not qualify for Statutory Maternity Pay because [State Reason, e.g., average weekly earnings fall below the statutory threshold / required period of continuous service was not met]. The attached Form SMP1 details this decision. You may be eligible to claim Maternity Allowance directly from the government; Form SMP1 is typically required to support such a claim. Please note that your statutory maternity leave entitlement is unaffected by your SMP eligibility.
While on leave, you may, by mutual agreement, undertake up to 10 Keeping in Touch (KIT) days without interrupting your maternity leave or statutory pay. Participation in KIT days is entirely voluntary for both parties. Nearer the time, [Name/Role] will contact you to discuss potential KIT opportunities.
We have agreed to maintain periodic contact during your leave via [Agreed Communication Method and Frequency]. We will also inform you of significant organizational developments, key updates, promotion opportunities, or restructuring affecting your role.
Your underlying contractual terms and conditions remain active during your leave, and your annual leave entitlement will continue to accrue. If any information in this document differs from your understanding, or if your plans change, please contact [Name/Role] at [Contact Details].
We wish you all the very best during your maternity leave and look forward to your return.
Yours sincerely,
[Signature]
[Name] [Job Title] [Organisation Name]
Handling Non-Qualification for Statutory Maternity Pay
If an employee qualifies for leave but fails the earnings or continuous service criteria for SMP:
- Fill out government Form SMP1, stating the exact reasons for non-qualification.
- Attach Form SMP1 to the confirmation letter.
- Keep communication clear and supportive. Confirm that leave rights remain unchanged and explain how to apply for state Maternity Allowance.
Records Management
Handle all documentation in line with company data protection rules:
- Document Retention: File the employee’s notice, MATB1 certificate, confirmation letter, and Form SMP1 (if applicable) in their confidential personnel file.
- Distribution: Send copies only to authorized HR, Payroll, and line management staff.
- Subsequent Changes: If the employee alters their leave dates or an early birth triggers leave automatically, issue a new formal confirmation letter. File all revised confirmations alongside the original records.
Document Review and Maintenance
[Job Title/Department] reviews this procedure annually or whenever UK statutory maternity legislation changes.
FAQs on Maternity Leave Confirmation Letter
What is a maternity leave confirmation letter?
A maternity leave confirmation letter sets out the process for acknowledging an employee’s formal maternity leave notification. It ensures your organisation fulfills its statutory duty to confirm leave dates in writing, clarify pay entitlements, establish communication protocols during leave, and maintain accurate employment records.
Having it written down means the same rules apply to everyone, so managers are not making judgement calls case by case under pressure.
What does a maternity leave confirmation letter include?
This template covers legal and regulatory framework, pre-issuance verification checklist, confirmation procedure and maternity leave confirmation letter template.
Every section is written to be filled in. The bracketed placeholders mark the decisions that are yours to make, such as timescales, approval owners and retention periods.
How to use a maternity leave confirmation letter with Whale
Copy this template into Whale and work through the bracketed placeholders so it reflects how your organisation actually operates.
Assign it to the teams it applies to so it sits where people work rather than in a shared drive, and set a review date so it gets revisited on schedule instead of quietly going out of date.
Use our templates to fast-track your documentation
Customize this template and 100s of others for free in Whale, the fastest way to get your team aligned.
