Confirmation of sickness absence during last four weeks before expected week of childbirth letter template
Supporting information
Our Confirmation of Sickness Absence during the Last Four Weeks Before Expected Week of Childbirth Letter template assists employers in validating maternity-related absences, ensuring support for employees.
Confirmation of sickness absence during last four weeks before expected week of childbirth letter
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[Company name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Absence During Last Four Weeks Before Expected Week of Childbirth
I am writing to confirm that your absence from work during the last four weeks before your expected week of childbirth is being treated as sickness absence, rather than triggering the beginning of your maternity leave.
We understand that pregnancy can be a challenging time and we want to support you in any way we can. If you need to take time off work due to sickness during the last four weeks of your pregnancy, this will not be treated as the start of your maternity leave. Instead, you will continue to accrue your normal rights and benefits as an employee, including sick pay and holiday entitlement.
However, if you give birth before your expected week of childbirth or are signed off work with a pregnancy-related illness, your maternity leave will start automatically from that date.
Please note that this policy is in line with the statutory maternity provisions set out in the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 2019.
If you have any questions or concerns about this policy, please do not hesitate to contact me or our HR department.
We wish you all the best during this special time and look forward to your safe return to work.
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Yours [faithfully | sincerely],
[Sender name]
[Sender job title]
[Sender telephone]
[Sender email]
[For, and on behalf of [Company name] ]
What is this for?
The purpose of the letter confirming sickness absence during the last four weeks before expected week of childbirth is to inform a pregnant employee that if they need to take time off work due to sickness during the last four weeks of their pregnancy, this will not be treated as the start of their maternity leave. Instead, the absence will be treated as sickness absence and the employee will continue to accrue their normal rights and benefits as an employee, including sick pay and holiday entitlement.
This policy is in line with the statutory maternity provisions set out in the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 2019. The letter also provides reassurance and support to the employee during a challenging time and clarifies any questions they may have about their entitlements.
Employment law compliance
Here are some bullet points of UK employment legislation supporting the policy of treating sickness absence during the last four weeks before expected week of childbirth as separate from the start of maternity leave:
- Employment Rights Act 1996, which provides for the right to maternity leave and pay, and sets out the rules for when maternity leave can start
- Maternity and Parental Leave Regulations 2019, which set out the entitlements of employees in relation to maternity leave and pay, including the requirement that maternity leave can only start automatically if the employee gives birth before their expected week of childbirth
- Equality Act 2010, which prohibits discrimination against pregnant employees and requires employers to make reasonable adjustments to support pregnant employees in the workplace
- Health and Safety at Work Act 1974, which places a duty on employers to ensure the health, safety, and welfare of their employees, including pregnant employees. This includes ensuring that pregnant employees are not exposed to any risks that could harm their health or that of their unborn child
- The Working Time Regulations 1998, which set out the maximum working hours, rest breaks, and annual leave entitlements for employees, including pregnant employees.
