- Explain that employees who become pregnant must provide you with notification of their pregnancy no later than the end of the 15th week before their expected week of childbirth, and that this notification must state that the employee is pregnant, her expected week of childbirth and the date on which she intends her maternity leave to start.
- Ensure that an employee who notifies you of her intention to take maternity leave understands that she may be asked to produce a certificate from a registered medical practitioner or a registered midwife, stating her expected date of childbirth.
- Where an employee has notified you of her intention to take maternity leave, make sure that you respond in writing within 28 days informing her of the date on which her 52 weeks’ maternity leave will end.
- Be aware that if you fail to provide this written response within 28 days, you will be unable to prevent the employee returning to work before the end of her maternity leave, or to discipline or dismiss her for failing to return to work on time.
- Explain that if an employee subsequently changes her mind about the date on which she wishes to start her maternity leave, she must give 28 days’ notice of the revised start date.
- Appreciate that an employee has no further duty to notify you of anything, unless she wishes to return to work before the end of her full 52 weeks of maternity leave, in which case she must provide eight weeks’ written notice of her early return.
- Take appropriate steps to remove a pregnant employee from the source of any potential harm if her work is in any way likely to be a danger to her health or that of her unborn child.
More resources from XpertHR on this topic include:
- How to manage pregnant employees and handle maternity leave
- How to deal with requests for time off for antenatal care
- How to deal with maternity suspensions
- How to deal with an employee who has a miscarriage or stillbirth or whose baby dies after birth
- How to deal with the holiday entitlement of an employee taking maternity leave
- How to stay in touch with employees on maternity leave
- How to deal with keeping-in-touch days during maternity leave
- How to take disciplinary action against an employee during pregnancy or maternity leave
- How to deal with maternity pay, salary sacrifice and childcare vouchers
- How to deal with the situation where an employee becomes pregnant again while on maternity leave
- How to ensure employees’ smooth reintroduction to the workplace on their return from maternity leave
- How to deal with requests to return from maternity leave on a part-time basis
Practical Guidance for all HR Professionals
Pregnancy and maternity rights content on XpertHR
- Pregnancy and maternity rights from the XpertHR employment law manual
- Worked examples on early return from maternity leave
- Line manager briefing on basic maternity rights
- Model company maternity policy
- Model form for an employee to notify the employer of her intention to take maternity leave
- Model letter responding to an employee who has notified her intention to take maternity leave
- Model form for an employee to request to vary the start date of her maternity leave
- Model letter to an employee who has failed to return to work after maternity leave
- Model letter inviting a pregnant employee to a meeting to discuss removing or reducing health and safety risks
- Model letter to a pregnant employee offering suitable alternative work on health and safety grounds
- Model letter suspending a pregnant employee on health and safety grounds
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