Overview
Maternity leave and pay provide essential protection and support for pregnant employees, enabling them to take time away from work before and after the birth of their child. As an employer, you must understand the different types of leave available, the qualifying criteria for each form of statutory pay and the legal rights that safeguard pregnant employees in the workplace. These rights ensure that employees receive paid time off for antenatal care, access to maternity leave and appropriate financial support during their absence, together with protection against discrimination, unfair treatment, or dismissal because of pregnancy or maternity.
Your responsibilities begin as soon as an employee informs you that she is pregnant. Employees must notify you at least 15 weeks before the expected week of childbirth, providing their expected week and confirming when they intend their maternity leave to start. You may request written confirmation and a MATB1 form signed by a GP or midwife as evidence. Once notified, you must confirm the end date of her maternity leave within 28 days. Unless she indicates otherwise, you should assume she is taking her full entitlement of 52 weeks.
Maternity rights extend beyond time away from work. All pregnant employees are entitled to paid time off for antenatal appointments, which may also include antenatal or parental classes if recommended by a healthcare professional. Partners have the right to unpaid time off to attend up to two appointments. Employees may also be eligible for other forms of leave and pay, such as shared parental leave, statutory maternity pay, maternity allowance, or neonatal care pay, depending on their circumstances and the relevant qualifying criteria.