Maternity Leave: A Guide for Employers

Friday July 26, 2024

When it comes to running a business, navigating maternity leave is an inevitable part of the journey. This exciting time in any expectant mother’s life must be approached with care and consideration, not only for the legal requirements involved but in order to maintain a supportive workplace culture. If you’re an employer wondering what you should do if an employee gets pregnant, or just searching for some expert maternity leave advice, here’s how to approach maternity leave with sensitivity, understanding, and awareness.

What is Maternity Leave?

Maternity leave is simply the time that a new mother takes off from work following the birth or adoption of a child. It is an employee benefit that gives mothers the time needed to recover and care for their newborn baby before returning to the workplace and is a necessary part of becoming a part as a working employee.

How Does Maternity Leave Work?

Maternity leave will look different from business to business. That’s why it’s crucial for companies to outline their maternity leave policies, taking into consideration the legal requirements of their local area while upholding the values that make up the core of how they’d like their business to run.

Statutory Maternity Leave

Current UK legislation outlines statutory maternity leave of 52 weeks. While two weeks is the absolute minimum (or four if the new mother is a factory worker), businesses may decide to offer longer in an employee’s contract. It’s important to go through these details during the onboarding process so that both employer and employee are on the same page and avoid any dispute or confusion down the line.

The earliest that employees can start their maternity leave is 11 weeks before the baby is due to be born unless the baby happens to be born unexpectedly early.

Statutory Maternity Pay

In the UK, there is statutory maternity pay (SMP) in place to support new mothers while they take their maternity leave. Whilst employers are required to pay SMP in the first instance, they are then able to reclaim this maternity pay from the government.

To qualify for SMP, an employee must:

  • Currently earn at least £123 a week on average.
  • Give the correct notice and proof of pregnancy.
  • Have worked for their current employer continuously for at least 26 weeks.

SMP will be paid for up to 39 weeks, depending on the length of leave. It currently covers:

  • 90% of an employee’s average weekly earnings (before tax) for the initial six weeks.
  • £184.03 or 90% of an employee’s average weekly earnings (whichever is lower) for the following 33 weeks.

Maternity Leave Policies

While there is key legislation in place that employers must adhere to, they are free to include any other extras they like in their own company maternity leave policy, such as extra time allowed off. This reflects an employer’s commitment to their employee’s wellbeing, helping to boost retainment, lift morale, attract the right talent, and even enhance a company’s reputation.

Better maternity leave policies support new mothers, recognise their team as people, not just employees, and also reinforce gender equality initiatives by acknowledging the unique needs of new mothers. Employers who take the time to focus on and improve their maternity leave policies demonstrate inclusivity and compassion, which creates a better working environment, uplifts a company’s culture, and contributes to better employee retention rates.

How to Implement a Better Policy

If you want to improve your maternity leave policy as an employer, here’s how to get started:

Ensure Clear Documentation

Get your policy written down, clearly and concisely – it should be included in the employee contract, the employee handbook, and the company policy manual, if there is one. This should outline everything from eligibility criteria to duration and pay, with every base covered so there is no confusion between you and your employee when it comes time for them to take their leave.

Flexible Work Arrangements

If this is something you’d like to explore, flexible work arrangements could be a great consideration for any new mothers during the process of returning to work after their leave. This could look like anything from an adjusted schedule, to fully remote working for a period of time – keep your options open to accommodate the unique needs of different new parents.

Provide Training

To ensure everyone is up to speed, it’s important to provide training to your managers and team leaders on your company maternity leave policy so they know how they are expected to provide support to your staff during this time. This includes understanding key legal rights and local legislation so that you stay fully aligned with everything you’re required to, as well as help with how to handle managing workload adjustments while the employee is away.

Benefits & Support

There are countless other support systems you can put in place as an employer that extend beyond just leave and pay. Consider what you’d like to offer to your employees to make this transition as smooth as possible for them, such as an employee assistance programme.

How We Can Help

Maternity leave is a pivotal period for employees and an exciting time in any new parent’s life. As an employer, we understand that you try to support your team in any way you can, while still maintaining business as usual and also managing to remain on the right side of the law.

That’s where we come in. At The HR Dept, we offer professional support with navigating the legalities and responsibilities of maternity leave for your employees, with advice on how to approach these situations both from an ethical and managerial perspective. We also offer training and guidance initiatives to help keep your entire team aware and informed of the best practices when it comes to maternity leave, creating a more positive, forward-thinking company culture that works to support new parents and stay on top of workloads in light of necessary absences. Get in touch today to hear more about how we can help.

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