Arranging cover for maternity leave 

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• Contingency planning for maternity and other extended leave
  
• Options for maternity cover
  
• Managing fixed term contracts
  
• Managing internal recruitment
  

 

Contingency planning for maternity and other extended leave

Some employers find it useful to undertake contingency planning to work out how they would accommodate staff members resigning or taking leave for an extended period, such as maternity leave or extended sick leave. Employers may wish to do a contingency plan for all positions or only for those key roles which cannot be left vacant for an extended period.

For each post, the employer can consider how the position could be filled during an extended absence. Moving an existing staff member into the role is an option, as is reallocating tasks between current staff. Agency staff may be a solution, or else the position could be advertised externally.

Having decided how the position would be filled, the employer can decide what needs to be done to facilitate this action. This may involve training specific staff members in new skills so that they can take on new roles, or identifying a suitable temp agency. It could also involve keeping job specifications up to date so external advertisement could be undertaken without delay.

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Options for maternity cover

Employers have a range of options for organising maternity cover. The main options are using agency or ‘temp’ staff, recruiting a staff member on a fixed term contract, internal recruitment, and redistributing tasks amongst existing staff.

Different employers choose different options, depending on the nature of the their business, the particular skills required to do the job, the skills of existing staff members, the nature of the local labour market, and their financial resources.

It is a good idea for the employer to discuss maternity cover options with the pregnant employee early in the pregnancy. It is also a good idea to discuss with other staff members how a forthcoming maternity leave will be managed.

Agency staff

Agency staff are recruited by businesses through employment agencies. As a general rule, agency workers are employees of the employment agency and not employees of the business. It is for the employment agency and the business to agree terms between them, such as methods of recruitment and hourly rates.

In certain circumstances an agency worker may be deemed an employee of the business. If an employer is concerned that this may be the case, it should discuss it with the employment agency and/or Acas.

Taking on agency staff can be a flexible option. The employer can take on staff on a short term basis, tailoring staffing to the needs of the business at any given time. As notice for agency staff is very short, it is easy for an employer to end the arrangement if the permanent staff member decides to end her maternity leave early.

Using agency staff can be an uncertain option. Agency staff may change several times throughout the maternity leave period and an employer will not always know how long a particular person is available for work. An employer may only have limited control over the skills and experience of the agency staff member allocated to the job. The hourly rate for agency staff is generally higher than the hourly rate for an employee. In some areas, agency staff with relevant skills may not be available.

Recruiting staff on fixed term contracts

Staff on fixed term contracts are employees and have the same employment rights as permanent employees. For example, they are entitled to notice, sick pay and holiday leave in the normal way.

Taking on a new employee for a fixed period can offer a degree of certainty for an employer and allows the employer to choose the right employee for the job. 

As the employee on maternity leave is entitled to end her leave early, it is difficult for an employer to provide certainty about the length of the contract. This may make recruitment more difficult.

Internal recruitment and redistribution of tasks

Internal recruitment is where an existing staff member moves from their current job to the job of the employee on leave. Redistribution of tasks is where the tasks of the employee on leave are shared around between other staff.

Internal recruitment and redistribution of tasks can have a positive effect on a business.  It may present development opportunities to more junior staff or broaden the skill base of other workers. Employers may wish to rotate other staff through the employee’s position.

Redistribution of tasks will require negotiation with staff members. Depending on the nature and quantity of work, it may be appropriate to increase staff salaries to recognise the additional work. It may be necessary to recruit an agency or fixed term staff member for a more junior position in order to free up existing staff to take on additional tasks.

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Managing fixed term contracts

When a staff member is recruited on a fixed term contract, they have the same employment rights as permanent employees. For example, they are entitled to notice, sick pay and holiday pay and they must not be discriminated against on the basis of their fixed term status.

Employees are entitled to return early from maternity leave. Employees with an Expected Week of Childbirth commencing before 1 April 2007 must give 28 days notice of the date of early return. Employees with an Expected Week of Childbirth commencing on or after 1 April 2007 must give 8 weeks notice of the date of early return. Consequently, an employer may wish to offer a fixed term contract which allows the employer to end the contract at any time, and not only when the fixed period has expired.  The employer may wish to consider setting a notice period of 28 days or less, or 8 weeks or less, depending on the notice period for early return for the employee on maternity leave. When the fixed term contract is terminated by the employer or expires, any applicable statutory dispute resolution procedure should be followed.  More information is available on the Acas website [PDF] or by speaking with Acas.

To effectively manage a fixed term contract, it is a good idea to have a written contract.  It is important to state the start and finish dates. Where the employer wants the right to end the contract by giving notice prior to the stated finish date, the contract should clearly state that the employer is entitled to do this.

If a fixed term contract is to be renewed, it is a good idea to confirm the new finish date in writing.

Under some circumstances, an employee on a fixed term contract can be considered to be a permanent employee without have received a formal offer of permanent position. This is discussed in ‘the law’ section.  It is a good idea for employers to be aware of this possibility, as it can result in increased costs, such as redundancy payments or actions for unfair dismissal.

An employer may wish to make a formal offer of permanent employment to the employee on a fixed term contract. The employer should ensure that any job offer is consistent with the rights of the employee on maternity leave to return to the same job. These rights are discussed in ‘Returning from maternity leave’.

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Managing internal recruitment

Recruiting internally or redistributing tasks can mean a change in the job description of the staff taking on new or different work.  It is a good idea for employers to discuss and agree any change with the staff.  Employers have some powers to direct staff to take on new or different work.  The scope of this flexibility will depend on the nature of the position held by the employee, and the employee’s contract of employment and job description.  More information is available on the Acas website. Employers must not unilaterally alter an employee’s terms and conditions of employment. Employers should contact Acas for more information in relation to this.

The employer may need to consider increasing salaries while staff are performing additional tasks or higher duties.

The employer should ensure that any arrangements are consistent with the rights of the employee on maternity leave to return to the same job. These rights are discussed in ‘Returning from maternity leave’. An employer may wish to agree and confirm in writing with affected staff that the changed arrangements are for the duration of the maternity leave.

It is a good idea for employers to consider what they would do if one of the remaining staff were to require extended leave, such as sick leave or maternity leave.

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