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MATERNITY RIGHTS (PL958 Rev 9)
A guide for employers and employees

 

Annex A: Model letter for employers to acknowledge notification of maternity leave

This letter should be used when only the statutory levels of leave and pay are provided. (Employer must respond within 28 days of receipt of employee's notification.)

Date:

Dear [name of employee],

Congratulations and thank you for telling me about your pregnancy and the date that your baby is due. I am writing to you about your maternity leave and pay.

As we have discussed, you are eligible for 26 weeks' ordinary maternity leave/52 weeks' maternity leave (26 weeks' ordinary maternity leave plus 26 weeks additional maternity leave) [delete as appropriate].

Given your chosen start date of [insert date], your maternity leave will end on [insert date].

If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner.

If you decide to return to work before [insert date leave ends], you must give me at least 28 days notice.

As we discussed, you are eligible for 26 weeks' Statutory Maternity Pay/not eligible for Statutory Maternity Pay [delete as appropriate].

Your maternity pay will be £[insert amount] from [insert date] to [insert date] and £[insert amount] from [insert date] to [insert date]. 

or

The form SMP1 (enclosed) explains why you do not qualify for Statutory Maternity Pay. You may however be entitled to Maternity Allowance. If you take this form to the Jobcentre Plus or social security office at [insert local details], they will be able to tell you more.

As your employer I want to make sure that your health and safety as a pregnant mother are protected while you are working, and that you are not exposed to risk. I have already carried out an assessment to identify hazards in our workplace that could be a risk to any new, expectant, or breastfeeding mothers. Now you have told me you are pregnant I will arrange for a specific risk assessment of your job and we will discuss what actions to take if any problems are identified. If you have any further concerns, following this assessment and specifically in relation to your pregnancy, please let me know immediately.

If you decide not to return to work you must still give me proper notice. Your decision will not affect your entitlement to SMP.

If you have any questions about any aspect of your maternity entitlement please do not hesitate to get in touch with me. I wish you well.

Your sincerely,

 

Annex B: Main changes to maternity rights for women expecting babies on or after 6 April 2003

Baby due on or before 05/04/03 Baby due on or after 06/04/03
Length of leave
Ordinary maternity leave - 18 weeks 
Additional maternity leave begins at the end of ordinary maternity leave and ends 29 weeks after the date of birth.
Ordinary maternity leave - 26 weeks
Additional maternity leave begins at the end of ordinary maternity leave and ends 26 weeks
later.

 

Length of qualifying service for Additional Maternity Leave
Continuous employment for one year at the beginning of the 11th week before the EWC. Continuous employment for 26 weeks at the beginning of the 14th week before the EWC

 

Start of maternity leave
Start of leave can be triggered by pregnancy-related absence in the 6 weeks before the EWC.

If leave is triggered by birth, it starts on the day of the birth.
Start of leave can be triggered by pregnancy-related absence in the 4 weeks before EWC (leave would start the day after the 1st day of the absence).

If leave is triggered by birth, it starts on the day after the day of the birth

 

 

 

Baby due on or before 05/04/03 Baby due on or after 06/04/03
Pay

SMP pay period lasts for up to 18 weeks and always starts on Sunday.

Start of SMP triggered by pregnancy-related absence in the 6 weeks before EWC.

If employee leaves work after the start of the 15th week before the week the baby is due, whether she gets SMP or not depends on why she left.
*SMP pay period lasts for up to 26 weeks, usually starts on a Sunday but may start on a different day if triggered by birth or pregnancy-related absence.

*Start of SMP triggered by pregnancy-related absence in the 4 weeks before the EWC (pay would start the day after the 1st day of absence).

Why the employee left doesn't matter. As long as it is after the start of the 15th week before the week the baby is due and she satisfies the conditions she must get SMP.

Where SMP triggered by birth, SMP starts on the day after the day of birth.

*If the leave period spans 6 April 2003, special pay arrangements apply - see A guide to maternity benefits (NI 17A) available from Jobcentre Plus/social security offices.

Baby due on or before 05/04/03 Baby due on or after 06/04/03
Rate of SMP/MA*

SMP
  • First 6 weeks of payment at 90% of her average weekly earnings or £75 - whichever is the higher amount.
  • Following 12 weeks paid at a flat rate of £75.

MA

  • 18 weeks at £75 if her average earnings are at least equal to the Lower Earnings Limit; if less, but at least £30, then 90% of earnings, but not more than £75.
SMP

(when the changes are fully in place): 
  • First 6 weeks of payment at 90% her average weekly earnings.
  • Followed by 20 weeks at £100 a week or, of less, 90% of her average weekly earnings.

MA

(when the changes are fully in place):

  • 26 weeks at £100 a week or, if less, 90% of her average weekly earnings.

*If the leave period spans 6 April 2003, special pay arrangements apply - see A guide to maternity benefits (NI 17A) available from Jobcentre Plus/social security offices.

Baby due on or before 05/04/03 Baby due on or after 06/04/03
Notification

Employee must give 21 days' notice to qualify for leave and pay.

Employee cannot change leave dates once she has given notice.

Employer not obliged to notify employee employee of date on which her leave ends.

Employee who decides to return to work earlier than the end of her leave must give 21 days notice of her new return date.

Employer may write to employee taking additional maternity leave to ask her to confirm the date of birth and whether she still intends to return to work. Employee must reply within 21 days.
(i) Notice no later than end of 15th week before EWC to qualify for leave.

(ii) 28 days' notice to qualify for pay.

Employee can change leave dates if she gives necessary notice.
 
Employer who has had proper notification of leave should tell the employee the date on which their leave should end.

Employee who decides to return to work earlier than the end of her leave must give 28 days' notice of her new return date unless her employer didn't notify her of the date of the end of her leave.

Employee who doesn't wish to return to work after additional maternity leave only has to give normal notice that she is leaving her job. 

 

Acas 
Helpline: 08457 47 47 47

Equal Opportunities Commission
Arndale House, Arndale Centre, Manchester M4 3EQ
Helpline: 08456 015901

EOC Scotland
St Stephens House, 279 Bath Street, Glasgow G2 4JL

EOC Wales
Windsor House, Windsor Place, Cardiff CF10 3GE 

Commission for Racial Equality 
St Dunstan's House
201-211 Borough High Street
London SE1 1GZ
Tel: 020 7939 0000

Disability Rights Commission
Freepost MID 02164, Stratford-upon-Avon CV37 9BR
Tel: 08457 622 633

Law Centres Federation
Duchess House, 18-19 Warren Street, London W1T 5LR

Maternity Allowance
45 Beech Street, London EC2P 2LX
Advice line: 020 7588 8582 (information and advice on all aspects of maternity, parental rights and benefits)

TIGER (for tailored information on maternity and paternity rights)

Inland Revenue 
Employer's Helpline: 08457 143 143

Department for Work and Pensions (advice for employees claiming social security)

Parentline: 0808 800 2222

Childcare Link 
08000 96 02 96 - freephone Helpline for childcare information

Equality Direct 
0845 600 3444 - for queries from employers on equality issues in England

Tax Credits helpline: 0845 300 3900 (textphone 0845 300 3909)

Employment Tribunals Service 
Enquiry line: 0845 795 9775 (advice on employment tribunal procedures)

 


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Last updated 21 January 2004