| Timing |
Event |
Tip |
|
Following verbal notice of pregnancy |
|
It is a good idea to meet with the employee soon after she informs you of her pregnancy. In this meeting, you can provide copies of maternity leave and flexible working policies (if you have them), and talk through her rights and entitlements. This is an opportunity to encourage open and constructive communication and start talking about timing and flexible working options for her return from leave. |
| During pregnancy |
A pregnant employee has the right to take paid time off for antenatal care. |
For appointments other than the first appointment, you can request that the employee provides you with:
-
a certificate from a registered medical practitioner, registered midwife or registered health visitor stating that she is pregnant
-
an appointment card or some other document showing that the appointment has been made. |
|
Once you have been notified in writing by the pregnant employee that she is pregnant |
You must carry out a specific risk assessment. If a risk to your employee’s or her baby’s health and safety still exists, you must temporarily alter her working conditions or hours of work, if this is reasonable and if this avoids the risk. If the risk cannot be avoided, you must offer her suitable alternative work. If there is no suitable alternative work available for her, you must suspend her on full pay for as long as is necessary to avoid the risk. |
You can write to the employee asking for proof that she is pregnant. This may be in the form of the MAT B1 certificate she will receive from her doctor or midwife.
When carrying out the specific risk assessment, you must consider any advice received from the employee’s doctor or midwife. |
| Weeks 18 to 26 |
“Average earnings” for the purposes of SMP are calculated on the basis of what the employee earns during these weeks or so. |
|
|
Week 26
(15th week before the expected week of childbirth (EWC) |
To be entitled to maternity leave, your employee must have notified you by the end of this week that she is pregnant, when the (EWC) will be and when she would like her maternity leave to start.
If the pregnant employee has been employed by you for at least 26 weeks by the end of this week and she has average earnings of at least £84 per week, she may be entitled to receive Statutory Maternity Pay (SMP). |
To be entitled to maternity leave, your employee must have notified you by the end of this week that she is pregnant, when the (EWC) will be and when she would like her maternity leave to start.
If the pregnant employee has been employed by you for at least 26 weeks by the end of this week and she has average earnings of at least £84 per week, she may be entitled to receive Statutory Maternity Pay (SMP). |
| Once you have received notification from your employee of her intention to take maternity leave |
You must write to the employee within 28 days of receiving her notification stating the date upon which you expect her maternity leave to end. |
All employees are entitled to 52 weeks Statutory Maternity Pay. |
| Before maternity leave commences |
|
It is a good idea to decide on communication during maternity leave before the leave commences. The employee may want no communication or may want copies of minutes or other documents to keep up to date while she is away.
It is a good idea to discuss the ‘Keeping In Touch’ days the employee can work during her maternity leave. Up to 10 days can be worked, but not during the Compulsory Maternity Leave period. The employee should be paid for the work she does.
Flexible working requests can take several weeks to resolve. It is a good idea to discuss options for flexible working before the employee goes on leave and to encourage her to initiate the statutory procedure during her maternity leave, if possible. |
|
Week 29
(11th week before the EWC) |
This is the earliest an employee can start her maternity leave and SMP. She must have given the correct notice. |
|
|
Week 36 |
If the pregnant employee is absent from work for a pregnancy-related reason during the four weeks before the EWC, her maternity leave may start automatically on the day after the first day of her leave. |
This situation could arise where an employee is absent because of a pregnancy-related sickness.
You have the option to ignore the odd day of pregnancy-related illness at your discretion.
To protect her maternity leave, your employee must notify you as soon as reasonably practicable that she is absent from work for a pregnancy-related reason and the date on which her absence began. |
| 28 days before the pregnant employee wishes to receive SMP |
For the purposes of claiming SMP, the employee must give you at least 28 days' notice of the date she wishes to start receiving SMP.
In addition, for the purposes of claiming SMP, your employee must give you medical evidence of her pregnancy. |
You can request that the notice for SMP be given to you in writing.
Medical evidence for pregnancy will normally be the MAT B1 certificate, although other evidence may be accepted, which must be signed by her doctor or midwife. You cannot start paying SMP until you have received medical evidence from your employee. If you are unsure as to whether the evidence provided to you will be acceptable, you can call the HM Revenue and Customs Helpline on 0845 7143 143.
|
| Once you have received notification from the employee of the date upon which she wishes to receive SMP |
If you believe that your employee is not entitled to SMP, you should fill out an SMP1 form and give it to her, explaining why she is not entitled to SMP. She may then be able to apply for Maternity Allowance or Incapacity Benefit through JobCentre Plus. |
|