Purpose and Scope
This policy sets out how [Organisation Name] manages statutory maternity leave, maternity pay, and associated employment rights. It applies to all pregnant employees regardless of length of service and to all managers handling maternity matters.
This policy works alongside related policies governing shared parental leave, flexible working, and annual leave.
Working through related paperwork at the same time? See also our Adoption Leave Policy, Annual Leave Policy and Bereavement Leave Policy.
Legal Framework
Statutory maternity rights follow applicable legal standards, including the Employment Rights Act 1996, the Equality Act 2010, and the Management of Health and Safety at Work Regulations 1999:
- Eligible employees may take up to 52 weeks of statutory maternity leave and receive up to 39 weeks of statutory maternity pay.
- Pregnancy and maternity are protected characteristics. Unfavourable treatment based on pregnancy or maternity leave is prohibited.
- Employers must assess and manage workplace risks for new and expectant mothers.
Policy Statement
[Organisation Name] supports employees throughout pregnancy, maternity leave, and their return to work. Unfavourable treatment due to pregnancy, maternity leave, or return from leave is strictly prohibited across all employment decisions, including pay, promotion, training, work allocation, and redundancy.
Responsibilities
- Policy Owner ([Role]): Aligns policy with official government guidance and resolves statutory eligibility queries.
- Line Managers: Conduct pregnancy risk assessments, establish cover plans, and manage contact during leave.
- Payroll ([Role]): Calculates statutory and enhanced maternity pay and confirms relevant dates in writing.
- Employees: Notify [Organisation Name] of pregnancy within statutory deadlines and give notice of intended leave dates.
Notification and Antenatal Care
- The employee notifies [Role] of the pregnancy to initiate workplace risk assessments and antenatal care planning.
- The employee provides formal notification of the expected week of childbirth and intended leave start date by the statutory deadline, backed by an official medical certificate (such as a MATB1 form).
- The employee requests paid time off for antenatal appointments, giving [Notice Period] notice where possible.
- [Role] conducts an initial risk assessment of the employee’s duties, working hours, and workstation setup, updating the assessment as the pregnancy progresses.
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Maternity Leave
- The employee selects a leave start date within statutory parameters, subject to compulsory leave rules immediately following childbirth.
- [Organisation Name] confirms the expected return date in writing within [Number] days of receiving notice.
- Annual leave continues to accrue throughout the 52-week maternity leave period (covering ordinary and additional maternity leave). Employees may schedule accrued leave before or after maternity leave by agreement.
Maternity Pay
- Statutory Maternity Pay (SMP) is paid for up to 39 weeks to eligible employees in line with government rates and thresholds.
- [Insert details of enhanced maternity pay, including qualifying service criteria and repayment conditions, or state that pay is provided at the statutory rate].
Keeping in Touch During Leave
- Line managers and employees maintain reasonable contact during leave to discuss workplace updates, promotion opportunities, or return arrangements. Both parties agree on contact methods and frequency prior to leave.
- Keeping-in-Touch (KIT) days allow employees to work up to the statutory limit during leave without ending the maternity period. KIT days are voluntary for both parties and paid at [Rate].
- Employees on leave receive updates on organizational restructures, redundancy consultations, or vacancies affecting their role at the same time as working staff.
Returning to Work
- The default return date is the end of the 52-week leave period. An employee intending to return earlier gives notice in line with statutory guidelines and their confirmation letter.
- An employee returning from ordinary maternity leave returns to the same job. An employee returning from additional maternity leave returns to the same job or, if that is not reasonably practicable, a suitable alternative role on terms no less favourable.
- The organisation evaluates requests to adjust working hours or patterns upon return under the flexible working policy.
- The line manager conducts a return-to-work conversation during the employee’s first week back to review workplace changes, priorities, and support requirements.
Records and Review
- Notification records, risk assessments, written confirmations, KIT day logs, and pay calculations are kept in [Location/System] in compliance with data retention policies.
- This policy is reviewed [Frequency] or when statutory regulations change.
- Policy Owner: [Role]
- Next Review Date: [Date]
FAQs on Maternity Leave Policy
What is a maternity leave policy?
A maternity leave policy sets out how your organisation manages statutory maternity leave, maternity pay, and associated employment rights. It applies to all pregnant employees regardless of length of service and to all managers handling maternity matters.
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 policy include?
This template covers legal framework, notification and antenatal care, maternity leave and maternity pay.
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 implement a maternity leave policy 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.
