Pregnancy-related absence acknowledgement letter template

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.

Pregnancy-related absence has specific statutory consequences that differ from ordinary sickness absence. Where an employee is absent because of pregnancy during the four weeks before the week their baby is due, maternity leave starts automatically on the day after the first day of pregnancy-related absence.

Automatic start of maternity leave

ACAS confirms that maternity leave starts automatically when an employee is off work because of pregnancy-related sickness during the four weeks before the week the baby is due. The employee's maternity pay arrangements are also affected, with Statutory Maternity Pay starting automatically where the employee is eligible. https://www.acas.org.uk/statutory-maternity-leave-and-pay/planning-leave

The employer should therefore calculate the maternity leave start date carefully rather than simply treating the absence as ordinary sick leave.

Pregnancy-related absence

ACAS recommends that pregnancy-related absence is recorded separately from other sickness absence and should not be counted towards absence review or trigger points. https://www.acas.org.uk/pregnancy-at-work/sickness-and-difficult-pregnancies

This is particularly important where an employer operates a formal absence-management process, as pregnancy-related sickness should not unfairly contribute towards an attendance warning or other action.

Statutory maternity leave

Eligible employees can take up to 52 weeks' Statutory Maternity Leave, comprising 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave. The right to Statutory Maternity Leave applies from the first day of employment, subject to the employee having the required employment status and giving the appropriate notice. https://www.acas.org.uk/statutory-maternity-leave-and-pay

The letter should therefore clearly confirm the employee's expected maternity leave dates following an automatic trigger.

Early return

ACAS confirms that an employee who wants to change their return date from maternity leave normally needs to give their employer at least eight weeks' notice. https://www.acas.org.uk/template-letter-to-confirm-maternity-leave

The letter should make this requirement clear so that both the employee and employer understand the arrangements for an early return.

Health and safety

Pregnancy-related absence can also arise where an employee has been suspended on maternity grounds because their work presents a health and safety risk that cannot otherwise be controlled. Employers have specific duties to assess risks to pregnant employees and take appropriate action. https://www.hse.gov.uk/mothers/

Where maternity suspension is involved, the employer should ensure that the reason for the absence and the applicable maternity arrangements are correctly recorded.

Pregnancy and maternity protection

Pregnancy and maternity are protected characteristics under the Equality Act 2010. Employers must not treat an employee unfavourably because of pregnancy or maternity. ACAS also highlights the specific protection applying to pregnancy-related sickness absence. https://www.acas.org.uk/pregnancy-and-maternity-discrimination

A clear acknowledgement letter helps demonstrate that the employer has recognised the specific circumstances and is managing the absence and maternity leave appropriately.