Planning for maternity and adoption leave 

On this page

• Before a pregnancy or adoption: preparing policies
  
• Before a pregnancy: culture and communication
  
• During a pregnancy: Meeting with the employee
  
• Employee entitlements
  
• Case studies
  
• Additional resources
  

 

Before a pregnancy or adoption: preparing policies

It is a good idea for employers to prepare for maternity and paternity before it occurs by adopting policies and procedures on maternity and paternity for inclusion in the staff handbook (if there is one).This is an opportunity for the employer to consider whether they will provide more generous provisions than the legal minimum.

Pregnancy and maternity-related policies could include:

• Maternity leave and pay
• Paternity leave and pay
• Flexible Working
• Parental Leave and Time off for Dependants
• Equal Opportunities
• Harassment
• Breastfeeding

This toolkit contains sample maternity, paternity, flexible working and breastfeeding policies.

Where possible, it is a good idea to train staff in relation to these policies so that all members of staff are aware of their rights and their responsibilities. It also encourages a culture of understanding and communication.

It is a good idea to prepare a policy on performance management which outlines the formal processes for monitoring performance and addressing poor performance.  You should have in place grievance and disciplinary procedures.  These are compulsory.  They should comply with statutory requirements.

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Before a pregnancy: culture and communication

Communication about pregnancy at work can be affected by cultural practices.

Some ethnic minority women do not disclose that they are pregnant until late in the pregnancy.

In some cultures, discussion of pregnancy is considered embarrassing.  Some ethnic minority women are not comfortable discussing their pregnancy with a male.

In some ethnic communities, it is considered shameful to be pregnancy outside of marriage. Where a woman is in this position, she may be concerned that news of her pregnancy will get back to her family if she notifies her employer.

It is a good idea for employers to consider cultural issues when thinking about communication about pregnancy at work.  In some workplaces, it is important for employees to notify their employer about their pregnancy early on, so that health and safety issues can be addressed. It is a good idea for employers to ensure that their staff are aware of this.

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During a pregnancy: Meeting with the employee

It is a good idea to meet with the employee soon after she informs her employer of her pregnancy.  In this meeting, the employer can provide copies of maternity leave and flexible working policies (if they have one), and talk through her rights and entitlements. This is an opportunity to encourage open and constructive communication and start talking about flexible working options for her return from leave.  The employer can also organise the risk assessment.

When a woman discloses her pregnancy, it is good practice for the employer to ask whether the woman wishes to keep this information confidential or is happy for it to be more broadly known.  It is also useful for an employer to explore whether the employee would be more comfortable discussing her pregnancy and leave arrangements with a woman manager, where this is possible.

Employees who feel supported by their employer through their pregnancy are likely to be more productive during their pregnancy. They are also more likely to return to work in a positive frame of mind.  This first meeting is an opportunity to set the tone for discussions during the pregnancy and her return to work.

It is a good idea to schedule in regular meetings throughout the pregnancy.  These can be used to identify any health and safety issues and update the risk assessment as necessary. The employer can use the meetings to canvass options for the employee’s return to work, including the length of leave she is planning to take and options for flexible working on her return. She is not bound to make a decision about return dates or flexible working at this time, but it is useful to discuss the possibilities.  These meetings also provide an opportunity for the employee to ask any questions or raise any concerns she might have.

Before the employee goes on leave, it is a good idea to discuss what communication she would like while she is on leave. Some employees don’t want any contact, while others want copies of minutes or other documents to keep them up to date.

It is also a good idea to discuss the possibility of the employee undertaking some work during the maternity leave period. The employee can work up to 10 ‘Keeping In Touch’ days during her Statutory Maternity Leave. The rate of payment must be agreed between the employer and employee. (‘Keeping In Touch’ days are only available to employees with an Expected Week of Pregnancy commencing on or after 1 April 2007). 

If her annual appraisal would normally occur while she was on leave, it is helpful to decide how this will be undertaken. It could be done prior to her going on leave, on her return, or by some other arrangement.

It is a good idea to plan for a “mini-induction” on the employee’s first day back.  This is an opportunity to update the staff member on any changes which have occurred while she was away.

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Employee entitlements

• 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.

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Case studies

Charlie Taylor’s Hair and Beauty

Charlie Taylor Hair Health & Beauty are a network of hair and beauty salons based in Scotland. The business fills maternity leave positions from among existing staff and takes a long term approach to planning for maternity leave.

“Our business is all about training people,” said Charlie Taylor, Managing Director. “It takes a minimum of three to four years for our staff to reach the level at which we work.  As you can imagine, with that kind of investment, if possible, we don’t want to lose anyone.”

The business employs more than 50 employees; 90% of whom are women of childbearing age. At any one time there can be several employees who are pregnant or on maternity leave.

When an employee notifies her manager she is pregnant, they have a one-to-one meeting to discuss everything. The company make it clear to the employee that their employment is secure.  “We reassure staff and let them know their job is open for them whenever they are ready to return to work.”

Once the pregnancy is notified, the business reviews existing staff to determine who can take over the job. Cover for any maternity leave is found within the organisation.  Charlie says “Because we train all our staff, from our assistants upwards we always have people who can be moved through the system – it works well for us.  It is impossible to have temporary staff, it doesn’t work for our business and our customers don’t like it.”

Charlie found some employees were very sure they would return to work and could talk through their options for return early on. In any case, Charlie emphasised the importance of regular meetings to minimize surprises.

Many employees return to work on a part-time basis, and Charlie sees benefits to the business from this.  “Our part-time staff often wish to work hours at weekends or late in the evening. Having a relaxed approach to flexible working helps our employee and allows the business to operate longer opening hours which benefits our customers”.

Charlie is adamant this approach pays off. “Over 90% of our staff who have gone off on maternity leave have now returned to work, working hours that suit them and the business”.

“I take a very long term view when looking at maternity leave. A woman might be pregnant now but in five years time, the kids will be at school and she may want more hours. We are always happy to be accommodating,” she says.

When asked for her advice to employers managing pregnant staff, she says, “I think that communication, honesty and an open mind are the key.  I don’t think any employee should feel under pressure – that’s from the dark ages.”

Connect Housing Association

Connect Housing Association is a voluntary sector organisation employing 120 staff. They have contingency planning in place to ensure that key posts are covered for maternity leave, other extended leave or resignations.  They also work closely with pregnant staff members to plan their leave and subsequent return.

A few years ago, Connect Housing Association reviewed its contracts and realised that several key posts were on one month notice. This could have left the organisation in a difficult position, so they considered their options.

“We couldn’t put positions less than manager level on three months notice. We needed to put a plan in place to use that month most wisely,” said Sandra Coulthard, HR Manager.

They identified which of these key positions could be filled by internal promotion, which could be done by someone else, and which would need external cover.  Job specifications are kept up to date so no time is lost revising these before recruitment commences.

Sandra describes this as “a robust system” which can handle maternity leave, resignation or long term sick leave. “It makes it easy,” she says.

The organisation takes a planned approach to individuals taking maternity leave.  Once an employee advises the HR manager that she is pregnant, they have a meeting and begin working through a pro forma checklist. The checklist is based on the information on the DTI website.

“We encourage them to think about options early on so they are not sitting at home on maternity leave panicking about it.  We get the dialogue going early.  We say ‘here’s our flexible working policy’ and so on,” she said.

“We’ve found that if we are supportive of the individual then they are able to focus on the task at hand.  People can concentrate on their job.  We have an ulterior motive!”

As part of this process, the HR manager will ask the employee what sort of communication she wants when she is on leave.  Some staff don’t want to be kept in touch, and so receive only materials such as formal consultations with staff and job advertisements.  Others may want copies of minutes or the staff newsletter.  The decision sits with the employee.

The organisation runs a ‘wind-down’ period leading up to maternity leave. During this period, the employee can gradually hand over tasks to colleagues. “The managers check that the staff member is not working long hours trying to get everything right up to date. It is good for others to take things on in advance of the person going on leave.”

When asked if the organisation received a good return on this investment of time, Sandra answered “Yes!  Of the three women who have had children, two returned. We find recruitment and retention very difficult in our sector.  It’s worth it!”

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Additional resources

For further information read the TIGER guide to managing absences on the Directgov website.

Further information is also supplied in our advisors section.

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