HEYFLOW POLICY GUIDES
Maternity Leave
Policy Guide
82% of women become mothers before age 40, and a solid maternity policy is of growing importance for many of the workforce with 25% of 18–35-year-olds not applying for a job due to inadequate policies, even if they aren’t planning on having children.
Maternity and parenthood are one of the largest drivers of women exiting the workforce with 17% of mothers leaving employment in the 5 years following childbirth, compared to 4% of men. How an employee is treated during their maternity leave can signal the way that they are going to be treated once they return, so having a good maternity leave package boost loyalty, satisfaction and retention.
That’s why it’s no surprise that 74.1% of UK employers offer Enhanced Maternity Pay . Ensuring your company is inclusive for those with care responsibilities is more than just offering extended leave compared to the statutory minimum requirement, a positive experience during maternity and return to work helps boosts a sense of inclusion, increases productivity and reduces attrition.
Use of language:
In this guide, we refer to ‘maternity leave’ as that is the term used by the UK Government, though ‘maternity’ rights are applied to all birthing parents regardless of gender, as many intersex, non-binary and trans people can get pregnant and birth children.
Similarly, ‘paternity’ rights apply to partners of the birthing parent. For example, in a same-sex partnership with two women the parent that carries the child would receive ‘maternity’ leave and the non-birthing partner would receive ‘paternity’ leave.
Context
The inclusion points are not an exhaustive list for all working environments and some may just apply for desk jobs. These policy guides, are just that, guides. Make sure to check with your country’s current laws and see your own legal advice.
Statutory Maternity Leave
All employees who are pregnant are entitled to 52 weeks (1 year) of maternity leave, no matter how long they've worked for their employer. This consists of:
26 weeks of ‘Ordinary Maternity Leave’
26 weeks of ‘Additional Maternity Leave’
When it comes to pay it looks like this:
First 6 weeks – 90% of earnings
Next 33 weeks – 90% of earnings or £151.97 per week (whichever is lower)
Weeks 40 – 52 – Unpaid leave.
The average salary in the UK for women aged 30-39 is £35,100 – so to put that in perspective, if they were to take a full year of maternity, they would earn £8,660 in total during that time.
To put that further into perspective, the average household bill for someone in rented accommodation is £1,871 per month, so a full year’s statutory pay would only cover costs for accommodation for less than five months, and nothing (such as food) beyond that.
Especially in the cases of single parents, and where the pregnant partner is the primary earner for the household, this can result in people returning to the workforce earlier than they want to, in some cases only taking the initial six weeks as leave because of financial pressure.
Any extra support is highly beneficial for the employee and their child, as returning to work during formative times of bonding leaves little time for a parent to adjust and recover physically.
To keep this document brief, head over to the Government’s Employer Guide for Statutory Maternity Leave for more information.
Who is a Maternity Leave Policy for?
A maternity policy is for pregnant employees , and for those who want to support them.
A good maternity policy gives an employee all that they can expect in the run-up to and during their leave, and what to expect after they return to work.
Considerations for and possible points to include in a Maternity Leave Policy
Appointment leave
Individuals will need to attend regular appointments and scans, especially during pregnancies via fertility treatment. These may often be scheduled last minute and may be conducted over varying amounts of time, as each path is unique. Allowing flexible leave and hybrid working for them and their partners so they can attend appointments can significantly reduce stress.
When appointments include procedures, also consider specific paid leave (without having to take annual leave) so that they can recover effectively emotionally and physically.
Medical Support
Providing private healthcare, including GP and specialist services, significantly reduces wait times and may lead to quicker diagnosis of more complicated issues that occur in 8% of pregnancies.
Miscarriage & Early Child Loss Support
Sadly, 1 in 4 pregnancies in the UK end by miscarriage or early baby loss. Having a separate and easily accessible miscarriage policy will allow employees to know their options without having to come forward at what is a particularly challenging time to navigate.
Enhanced Maternity Pay
As previously stated, statutory maternity pay is incredibly low and simply not enough to support a parent and their child if they do not have additional finances or sources of income, resulting in mothers returning to work due to financial reasons or having to exit the workforce due to high childcare costs.
EMP usually takes three main forms:
· Full pay for more than 6 weeks (12/13 weeks average) followed by standard rate SMP.
· Full pay for more than 6 weeks, (12/13 weeks average), half pay for 13 weeks, followed by standard rate SMP.
· 6 weeks at full pay followed by 33 weeks at standard rate SMP.
Some employers operate a tiered system of maternity leave pay based on length of service in the company to make it easier to balance financially while still offering increased support.
New Child Bonuses
Some employers offer a new child bonus once the baby has been born, this can help with initial larger costs that are hard to budget for.
Paid time off for antenatal care
All employees have a right to paid time off from work to go to antenatal appointments such as doctor-recommended relaxation or parenting classes. This time off should include travel to and from the appointment.
Bonuses & Promotions during leave
Continuing conversations around career progression and setting out development plans before someone goes on extended leave sends a signal that you are investing in their career on their return, leading to greater satisfaction and retention.
The same goes for bonuses, even if they aren’t contractual. Recognising contributions employees towards targets and rewarding that while they are on leave will have an added positive impact while they are potentially feeling less connected to the team.
Flexible employee benefits
Though financial benefits are helpful, small gestures such as care packages and benefits that include an allowance for employees to spend on wellness and lifestyle products including pregnancy management products can go a long way.
Return to work policy
Returning to work can be a daunting time for some mothers, while others may slot straight back in, understanding that there is not a one-size-fits-all solution is key to providing a successful return to work
Having a robust return-to-work policy and training managers on how to deliver it successfully will improve employee satisfaction.
Reproductive Health Training
Training for all employees, especially management on pregnancy, legislation, but also the impact it can have on work and how to support employees will help break down the taboos and create a more open environment at work.
Maternity Leave Policy Structure
1. Purpose
The purpose of this policy is to outline the maternity leave and pay entitlements provided by [Company Name] to eligible employees, including enhanced maternity packages that go beyond the statutory requirements. This policy aims to support employees during pregnancy, childbirth, and the postnatal period, ensuring they have the necessary time off and financial support for recovery and bonding with their child.
2. Scope
This policy applies to all full-time and part-time employees of [Company Name] who meet the eligibility criteria outlined below.
3. Eligibility
To be eligible for maternity leave and enhanced maternity pay, an employee must:
Be an employee of [Company Name].
Have worked for [Company Name] for at least 26 weeks by the end of the 15th week before the expected week of childbirth (EWC).
Provide medical evidence of pregnancy (usually in the form of a MATB1 certificate from a doctor or midwife).
Provide at least 28 days’ notice (or as much notice as possible) of the intention to take maternity leave.
4. Duration of Maternity Leave
Ordinary Maternity Leave (OML): Employees are entitled to 26 weeks of Ordinary Maternity Leave.
Additional Maternity Leave (AML): Employees are entitled to a further 26 weeks of Additional Maternity Leave, totalling 52 weeks.
5. Statutory Maternity Pay (SMP)
Eligibility for SMP: Employees who have worked for [Company Name] continuously for at least 26 weeks by the end of the 15th week before the EWC and have average earnings at or above the Lower Earnings Limit (LEL) for National Insurance contributions are entitled to SMP.
SMP Rates: SMP is paid for up to 39 weeks. The first 6 weeks are paid at 90% of the employee’s average weekly earnings. The remaining 33 weeks are paid at the statutory rate (or 90% of average weekly earnings if this is lower).
Payment Terms: SMP is paid in the same way as wages (e.g., monthly or weekly) and is subject to tax and National Insurance deductions.
6. Enhanced Maternity Pay (EMP)
In addition to SMP, [Company Name] offers an Enhanced Maternity Pay (EMP) package to provide additional financial support during maternity leave.
EMP Eligibility:
Employees must meet SMP eligibility criteria.
Employees must have been with [Company Name] for at least [X months/years, e.g., 12 months] prior to the start of maternity leave.
EMP Structure:
First [X] Weeks: [Company Name] will top up SMP to [percentage]% of the employee’s average weekly earnings.
Subsequent [X] Weeks: [Company Name] will provide a flat rate of [£X] per week/month.
Total Enhanced Pay Duration: The enhanced pay is available for up to [X weeks/months] following the end of SMP.
Payment Terms: Enhanced maternity pay is subject to the same payment schedule as regular wages and is subject to tax and National Insurance deductions.
7. Additional Maternity Benefits
To further support employees during their maternity period, [Company Name] offers the following additional benefits:
INSERT LIST OF INCLUSIONS
8. Benefits During Maternity Leave
Annual Leave: Employees continue to accrue statutory annual leave during both Ordinary and Additional Maternity Leave. Employees are encouraged to take any outstanding annual leave before starting maternity leave.
Pension Contributions: Employer pension contributions will continue during any paid period of maternity leave, based on the actual earnings during the leave period.
Other Benefits: All contractual benefits, excluding remuneration, will continue during maternity leave, including company cars, mobile phones, and healthcare.
9. Notification Requirements
Employees must notify [Company Name] of their pregnancy, the expected week of childbirth (EWC), and their intended start date for maternity leave by the end of the 15th week before the EWC.
Employees must provide a MATB1 certificate as evidence of the EWC.
If the employee wishes to change the start date of their maternity leave, they must give at least 28 days’ notice of the new date.
10. Returning to Work
Employees have the right to return to the same job after Ordinary Maternity Leave. After Additional Maternity Leave, if it’s not reasonably practicable to return to the same job, they are entitled to return to a similar job on terms and conditions that are no less favorable.
Employees must provide at least 8 weeks’ notice if they wish to return to work earlier than the end of their maternity leave.
Flexible Working Requests: Employees may request flexible working arrangements upon return, which [Company Name] will consider in line with company policy and business needs.
11. Shared Parental Leave
Employees may be eligible to convert their maternity leave into Shared Parental Leave (SPL), allowing them and their partner to share the leave and pay. Employees should notify [Company Name] if they wish to take SPL.
12. Legal Compliance
This policy complies with the Employment Rights Act 1996, the Maternity and Parental Leave etc. Regulations 1999, the Equality Act 2010, and other relevant UK legislation. [Company Name] reserves the right to amend this policy in line with changes in legislation or company practices.
13. Policy Review
This policy will be reviewed annually and updated as necessary to ensure compliance with legal requirements and company objectives.
14. Contact Information
For questions regarding this policy, employees should contact [HR Manager/Supervisor] at [Phone Number/Email Address].
Note: These policy guides, are just that, guides. Make sure to check with your country’s current laws and see your own legal advice.