Guide to managing maternity leave

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Employment law compliance

Our Guide to Managing Maternity Leave streamlines the complex process, ensuring compliance and smooth transitions for both employees and managers.

5 minute read • 1 February 2025
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managing maternity leave

Introduction

Maternity leave is a vital benefit that empowers employees to take time off work for the care of their newborns. As a manager, comprehending your legal and ethical responsibilities is vital. This comprehensive guide will not only demystify the maternity leave process but also provide valuable insights on how to proactively support your employees throughout this significant phase of their lives.

Eligibility

All pregnant employees are entitled to maternity leave, irrespective of their length of service or working hours. To meet eligibility criteria, employees must duly inform you about their intention to take maternity leave, provide legitimate evidence of their pregnancy, and confirm the anticipated due date. Moreover, they should have maintained continuous employment for at least 26 weeks by the conclusion of the 15th week preceding the expected week of childbirth.

Duration

Maternity leave encompasses a period of up to 52 weeks. Thid is made up of 26 weeks Ordinary Maternity Leave (OML), and 26 weeks Additional Maternity Leave (AML). Employees can commence leave up to

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What is this for?

The purpose of a guide to managing maternity leave is to provide managers with a comprehensive understanding of their responsibilities in supporting employees who are taking maternity leave.

It aims to provide guidance on how to manage and support employees through the process of taking maternity leave, while ensuring compliance with relevant legislation and company policies.

It also helps managers to understand the potential impact of maternity leave on team dynamics and to prepare for managing the workload during the employee's absence.

guide to managing maternity leave
  • The Maternity and Parental Leave etc Regulations 1999, which set out the minimum amount of maternity leave that must be provided to employees.

  • The Equality Act 2010, which prohibits discrimination against employees based on pregnancy or maternity.

  • The Maternity Allowance and Statutory Maternity Pay Regulations 1987, which provide the framework for maternity pay entitlements.

  • The Shared Parental Leave Regulations 2014, which allow eligible employees to share leave and pay with their partner following the birth or adoption of a child.

  • The Employment Rights Act 1996, which provides employees with the right to return to their job after maternity leave.

  • The Flexible Working Regulations 2014, which provide eligible employees with the right to request flexible working arrangements, including changes to their working hours, location, or job duties, to support their work-life balance.

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