Checklist for managing pregnant women and new mothers 

On this page

• Pregnant employees
  
• Employees on maternity leave
  
• Returning from maternity leave
  

Pregnant employees

The employee is entitled to:

• Time off for antenatal care.
• The employer is to record sick leave for pregnancy-related sick leave separately to other types of sick leave.
• The employee is to notify her employer of the pregnancy, the expected week of childbirth (EWC), and the date she plans to start her maternity leave. She must do this by the end of the 15th week before the expected week of childbirth.
• The employer is to complete a risk assessment for this employee, and review as necessary.
• The employer is to confirm the expected date of return from maternity leave within 28 days of receiving the employee’s notification.  This must be in writing.
• If the employee is claiming Statutory Maternity Pay, she is to provide her employer with a copy of her MAT B1 certificate and notify her employer of when she would like her Statutory Maternity Pay to start.  This can be done at the same time as she notifies her employer of the pregnancy.  She is to do this at least 28 days before she would like the Statutory Maternity Pay to start.
• It is a good idea for the employer and employee to discuss the possibility of a request for flexible working before the pregnant woman goes on leave.
• It is a good idea for the employer and employee to discuss what sort of contact the woman would like to have with her employer while she is on maternity leave. An employer may make reasonable contact with an employee.
• It is a good idea for an employer and employee to discuss the ‘Keeping In Touch’ days the employee may work during her maternity leave. These must be mutually agreed.
• If the employee is absent for a pregnancy-related reason at any time during the four weeks before the expected week of childbirth (EWC), her maternity leave may start automatically. There are exceptions to this.

Employees on maternity leave

The employee is entitled to:

• All employees who have given birth are entitled to 52 weeks Statutory Maternity Leave.
• During Statutory Maternity Leave, an employee may work up to 10 ‘Keeping In Touch’ days.  These must be mutually agreed.
• The employee doesn’t need to give notice if she is returning to work on the expected date of return.  This is the date which the employer confirmed to her in writing.
• The employee is to give at least 8 weeks notice if she intends to return to work any earlier than the expected date of return.
• If the employee intends to request flexible working, it is a good idea to submit this request at least two months before she intends to return. She may not be able to do this if her circumstances are not settled.
• An employer can recover either 92% or 104.5% of the Statutory Maternity Pay it has paid to employees from HM Revenue and Customs. Advance payment may also be available.

Returning from maternity leave

The employee is entitled to:

• An employee returning from Ordinary Maternity Leave is entitled to return to the same job in which she was employed before her absence.  There are some exceptions to this.
• An employee returning from Additional Maternity Leave is entitled to return to the same job in which she was employed before her absence, however there are some circumstances in which she may be offered suitable alternative work.  There are some exceptions to this.
• An employer may have to complete a risk assessment for the employee.
• An employee is entitled to request flexible working.
• An employee may be entitled to take sick leave, Parental Leave and Time Off For Dependants.
• It is a good idea to hold a “mini-induction” on the employee’s first day back to update her on changes which have occurred while she was away.