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Maternity Leave Documents

This Maternity Leave sub-folder contains documents for use by an employee wishing to take maternity leave and an employer responding to the request.

The sub-folder contains a maternity policy, a risk assessment that the employer needs to carry out when employing new or expectant mothers, notification letter templates and documents relating to 'keeping-in-touch' days. We have also included documents needed for procedures when the employee returns to work such as flexible working arrangements, breastfeeding notification template or a resignation notice.

Maternity Leave documents have been updated to comply with the current legislation. 

Maternity Leave Documents is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.

Frequently Asked Questions

What documents does my business need to manage an employee's maternity leave from start to finish? +
This sub-folder gives employers a complete set of templates covering every stage: an Expectant Mother Notification Letter and Risk Assessment Form when pregnancy is first disclosed, a Maternity Policy and Optional Clauses, notification and confirmation letters for leave dates, Keeping In Touch Day letters, early return notices and flexible working correspondence. The Employer's Guide to Managing Maternity Leave Flowchart shows how the documents fit together and in what order to use them.
An employee has just told me she is pregnant. What must I do first as her employer? +
You must carry out an individual risk assessment for her as soon as she tells you in writing that she is pregnant. This is a legal duty under the Management of Health and Safety at Work Regulations 1999. If a risk cannot be removed, you must temporarily change her working conditions or hours; if that is not possible, you must offer suitable alternative work. Where no alternative exists, she should be suspended on full pay. The Expectant Mother Notification Letter, Expectant Mother Acknowledgement Letter and Expectant Mother Risk Assessment Form in this sub-folder support each of these steps.
My employee has given me her maternity leave dates. How long do I have to confirm them in writing, and what should the letter say? +
You must write to the employee within 28 days of receiving her notification, confirming her intended leave start date and her expected return-to-work date. The letter should also note that she is entitled to up to 52 weeks' statutory maternity leave (a day-one right that does not require any minimum qualifying period), that she must give you at least 28 days' notice if she wants to change her start date, and that if pregnancy-related illness triggers leave early in the four weeks before her due date you will write to her with a revised return date. The Maternity Leave Dates Confirmation Letter and the Letter Confirming Maternity Leave Dates Where Maternity Leave Started Early cover both scenarios.
Can I ask an employee to come into work during her maternity leave, and what are the rules? +
Yes, but only with her agreement. An employee on maternity leave may work up to 10 keeping-in-touch (KIT) days without ending her leave or losing her statutory maternity pay. Neither you nor she can insist on KIT days: both parties must agree, and you must agree the work and pay in advance. Even a partial day counts as a full KIT day against the limit of 10. KIT days cannot take place during the compulsory two-week period after the birth (four weeks for factory workers). Working more than 10 days ends maternity leave and pay automatically. This sub-folder provides Keeping In Touch Days Invitation, Request, Response and Employee Response letters to document each step.
One of my employees is pregnant and I need to make redundancies. Is she protected, and for how long? +
Yes. Since 6 April 2024 an employee's redundancy protection begins as soon as she informs you of her pregnancy (not just when her leave starts) and continues for 18 months from the child's date of birth, provided she notifies you of that date in writing. If she does not notify you of the birth date, protection runs for 18 months from the first day of the expected week of childbirth. During this period, if a suitable alternative vacancy exists you must offer it to her as a priority over other employees. Failing to do so risks an automatically unfair dismissal finding and potentially a discrimination claim. The Maternity Policy Template and Guidance Notes in this sub-folder should be updated to reflect these 2024 rules.
My employee wants to return from maternity leave on reduced hours. How does the flexible working request process work? +
Employees have a day-one right to make a statutory flexible working request, so she does not need to have completed any qualifying period before making one. She must submit the request in writing, describing the change she wants and its likely effect on the business. You must deal with the request within two months (unless you both agree to extend this) and consult her before refusing. You can only refuse on one of the statutory grounds, such as additional cost or inability to recruit cover. If you refuse, she has the right to appeal. The Simply-Docs sub-folder includes a Flexible Working Request Letter, Acknowledgement Letter, Decision Letter, Rejection Letter, Employee Appeal Letter and Employer's Decision Letter to an Appeal.
An employee is returning from maternity leave and wants to breastfeed at work. What does she need to do, and what are my obligations? +
She should notify you in writing before returning so you can carry out or update her individual risk assessment. You are legally required to provide a suitable private area (not a toilet) where she can rest or express milk. The risk assessment duty under the Management of Health and Safety at Work Regulations 1999 extends to breastfeeding mothers for as long as she is nursing. If workplace risks cannot be removed or controlled, you must consider adjusting her working conditions. The sub-folder includes an Employee's Breastfeeding Notification Letter and an Employer's Breastfeeding Notification Acknowledgement Letter to document the process.

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