Maternity and Paternity Policies
Statutory leave for family reasons is a complicated area where the law has changed frequently in recent years and, as an employer, it is important that your policies and procedures are kept up-to-date.
Employees who are pregnant, new mothers and adoptive parents (and the partners of such employees) may be entitled to statutory time off around the birth or adoption of their child: maternity leave, paternity leave, adoption leave and/or parental leave. In some cases, this leave may be paid if the employee meets the qualifying criteria.
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Frequently Asked Questions
My employee is pregnant. What family leave policies and documents do I need to have in place as their employer?
You need written policies for maternity leave, paternity leave, adoption leave, parental leave, shared parental leave and (since April 2025) neonatal care leave. Each type has its own eligibility rules, notice requirements and pay conditions, and the law here has changed frequently in recent years. Simply-Docs groups the relevant policy templates and supporting documents into seven sub-folders within this section, covering each leave type separately. Keeping these documents current matters: an out-of-date policy can leave you exposed if an employee challenges how their leave was handled.
Paternity leave rules changed in April 2026. Do my paternity leave policies need updating?
Yes, any paternity leave policy drafted before April 2026 must reflect these changes. From 6 April 2026, statutory paternity leave became a day-one right under the Employment Rights Act 2025, removing the 26-week qualifying period where the baby is born (or the expected week of childbirth falls) or the adoption placement is on or after that date, and the restriction on taking it after shared parental leave was removed. Statutory Paternity Pay still requires 26 weeks of continuous service and average earnings at or above the lower earnings limit, so leave and pay eligibility now differ. Simply-Docs provides separate Paternity Leave Documents sub-folders for birth cases and adoption cases.
What is neonatal care leave and do I need a separate policy for it?
Because Neonatal Care Leave is separate from other leave types and has its own notice rules and tier structure, a dedicated policy document is advisable. A statutory entitlement in force from 6 April 2025, it covers babies born on or after that date receiving medical or palliative neonatal care starting within 28 days of birth and lasting at least seven consecutive days. Eligible employees take one to twelve weeks, in addition to maternity, paternity or adoption leave. NCL is a day-one right, but Statutory Neonatal Care Pay requires at least 26 weeks of continuous service and average earnings at or above the lower earnings limit. Simply-Docs includes a Neonatal Care Leave and Pay Documents sub-folder within this group.
One of my employees wants to share parental leave with their partner. What documents does that process involve for me as an employer?
Shared Parental Leave requires the employee to curtail the mother's or primary adopter's maternity or adoption leave, then serve a notice of entitlement and a booking notice at least eight weeks before leave starts. SPL lets eligible parents share up to 50 weeks of leave and up to 37 weeks of Statutory Shared Parental Pay in the year following birth or adoption. As employer, you may request evidence of the partner's employer or earnings. Simply-Docs provides a dedicated Shared Parental Leave Documents sub-folder covering the policy and the supporting notices and forms needed to manage the process.
Do I need separate policy documents for adoption leave, or does a maternity leave policy cover it?
Use a dedicated policy: adoption leave is a distinct statutory entitlement, so a maternity policy does not cover it. Employees matched with a child get up to 52 weeks of statutory adoption leave (the same total as maternity) and, if qualifying, Statutory Adoption Pay for up to 39 weeks. Notice, qualifying week and pay eligibility rules differ, and only one adopter in a couple can take adoption leave (the other may take paternity leave or shared parental leave). Since April 2024, redundancy protection extends to adoption leave for 18 months from placement. Simply-Docs includes a dedicated Adoption Leave Documents sub-folder, with paternity leave in adoption cases in a separate sub-folder.