HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Statutory maternity leave notification
An employee who is entitled to statutory maternity leave must normally tell their employer they are pregnant, provide their expected week of childbirth and state when they intend to start maternity leave no later than the 15th week before the expected week of childbirth. If this is not reasonably practicable, they should notify their employer as soon as possible. Employers can request the information in writing. https://www.acas.org.uk/statutory-maternity-leave-and-pay/planning-leave
Confirming maternity leave arrangements
Once an employee has provided the required information, the employer must respond within 28 days confirming the maternity leave start and expected return dates. Employees can subsequently change their intended maternity leave start date by giving the required notice. https://www.gov.uk/employers-maternity-pay-leave/notice-period
Statutory Maternity Pay
Maternity leave and Statutory Maternity Pay are separate entitlements. An employee seeking Statutory Maternity Pay must give the required notice of the date they want their SMP to start and provide appropriate evidence of pregnancy. Eligibility for SMP depends on separate statutory conditions. https://www.gov.uk/employers-maternity-pay-leave/eligibility-and-proof-of-pregnancy
Proof of pregnancy
An employer does not require proof of pregnancy for statutory maternity leave, but evidence is required for Statutory Maternity Pay. This will normally be provided through a MATB1 maternity certificate or appropriate medical evidence. https://www.gov.uk/maternity-pay-leave/how-to-claim
Health and safety during pregnancy
Employers should support pregnant employees and carry out an appropriate health and safety risk assessment as soon as possible after being informed of the pregnancy. Any identified risks should be considered and appropriate measures put in place. https://www.acas.org.uk/pregnancy-at-work
Confidentiality and personal information
Information about an employee's pregnancy and maternity arrangements should be handled sensitively and kept confidential, with access limited to those who need the information for legitimate employment, health and safety or payroll purposes. Employers should also ensure that pregnancy and maternity are not treated as a reason for unfavourable treatment or discrimination. https://www.acas.org.uk/pregnancy-at-work