Maternity Leave: Employer Obligations

Maternity leave in the UK is a statutory employment right designed to protect employees during pregnancy and after childbirth. Employers in England and Wales have clear legal obligations under the Employment Rights Act 1996 and related maternity legislation, including rules on leave entitlement, pay, job protection, and non-discrimination.

These obligations apply regardless of business size and are enforced through Employment Tribunals where disputes arise. Failure to comply can result in claims for compensation, unfair dismissal, and discrimination.

This article explains employer duties during maternity leave, employee rights, notice requirements, pay entitlements, and legal risks for non-compliance.

Legal Framework Governing Maternity Leave

Maternity leave and related rights are primarily governed by:

• Employment Rights Act 1996
• Maternity and Parental Leave etc. Regulations 1999
• Equality Act 2010 (pregnancy and maternity discrimination provisions)
• Statutory Maternity Pay (General) Regulations 1986

These laws establish minimum rights that cannot be reduced by employment contracts.

Length of Maternity Leave Entitlement

Eligible employees are entitled to up to 52 weeks of maternity leave, divided into:

• Ordinary Maternity Leave (OML): first 26 weeks
• Additional Maternity Leave (AML): second 26 weeks

The full 52-week period is available regardless of length of service, although pay entitlement depends on eligibility criteria.

Employer Notification Requirements

Employees must notify their employer of:

• pregnancy
• expected week of childbirth
• intended start date of maternity leave

This must usually be provided by the end of the 15th week before the expected week of childbirth.

Employers may request:

• MATB1 certificate (medical confirmation of pregnancy)
• written notice confirming leave dates

Employers must respond within 28 days confirming leave dates and expected return arrangements.

Statutory Maternity Pay (SMP) Obligations

Employers are responsible for assessing eligibility for Statutory Maternity Pay and making payments where applicable.

To qualify, an employee must generally:

• have been employed continuously for at least 26 weeks by the qualifying week
• earn at least the lower earnings threshold
• provide proper notice and medical evidence

SMP is paid for up to 39 weeks:

• first 6 weeks: 90% of average weekly earnings
• remaining 33 weeks: statutory rate or 90% of earnings (whichever is lower)

Employers usually reclaim most SMP payments from HMRC.

Alternative Maternity Pay Schemes

Some employers offer enhanced contractual maternity pay. Where this exists:

• contractual terms must be clearly set out in employment contracts or policies
• employers must apply terms consistently to avoid discrimination claims
• enhanced schemes cannot reduce statutory minimum rights

Failure to apply enhanced benefits correctly may result in breach of contract or discrimination claims.

Job Protection and Right to Return

A core employer obligation is protecting the employee's job during maternity leave.

Ordinary Maternity Leave (first 26 weeks)

Employees have the right to return to the same job on the same terms.

Additional Maternity Leave (up to 52 weeks total)

Employees are entitled to return to:

• the same job, or
• a suitable alternative role on no less favourable terms (if the original job is not reasonably available)

Any reduction in pay, status, or conditions may amount to unlawful treatment.

Protection from Dismissal and Discrimination

Under the Equality Act 2010, employees are protected from:

• dismissal because of pregnancy or maternity leave
• unfavourable treatment linked to pregnancy or childbirth
• selection for redundancy due to maternity status

Redundancy situations require employers to:

• use fair selection criteria
• offer suitable alternative vacancies where available
• avoid targeting maternity-related absence

Dismissals linked to pregnancy or maternity are often automatically unfair.

Health and Safety Obligations

Employers must carry out risk assessments for pregnant employees and new mothers. Where risks are identified, employers must:

• adjust working conditions
• offer suitable alternative work
• suspend on full pay if no safe alternative exists

This duty applies throughout pregnancy and breastfeeding periods.

Keeping-in-Touch (KIT) Days

Employees on maternity leave may work up to 10 KIT days without ending their leave.

Employer obligations include:

• agreeing KIT days in advance
• paying employees for work done on KIT days
• ensuring participation is voluntary

KIT days are commonly used for training or workplace updates.

Return-to-Work Obligations

When maternity leave ends, employers must:

• reinstate the employee in accordance with statutory rights
• provide suitable working conditions
• consider flexible working requests in line with legal procedures
• avoid disadvantage due to maternity absence

Employees also have the right to request flexible working, which must be considered reasonably.

Record-Keeping and Administration Duties

Employers must maintain accurate records relating to:

• maternity leave start and end dates
• SMP calculations and payments
• communications with employees
• risk assessments and workplace adjustments

Poor record-keeping can increase exposure in tribunal claims.

Common Employer Breaches

Frequent areas of non-compliance include:

• incorrect SMP assessment or refusal
• failure to reinstate employees properly
• redundancy selection during maternity leave
• ignoring flexible working requests after return
• poor handling of health and safety obligations
• informal pressure to resign during pregnancy

Such issues often lead to Employment Tribunal claims for discrimination or unfair dismissal.

Tribunal Claims and Legal Remedies

Employees may bring claims to an Employment Tribunal for:

• pregnancy and maternity discrimination
• unfair dismissal
• breach of contract
• unpaid statutory maternity pay

Potential remedies include:

• compensation for financial loss
• injury to feelings awards
• reinstatement or re-engagement orders
• repayment of unpaid statutory entitlements

Claims involving maternity discrimination are treated as serious due to protected status.

Time Limits for Claims

Most claims must be brought within:

• 3 months less one day from the act complained of

Acas Early Conciliation is required before issuing a tribunal claim. Time limits may be adjusted where there is a continuing course of conduct.

Key Takeaways

Maternity leave in England and Wales is a legally protected employment right with extensive employer obligations. These include providing up to 52 weeks of leave, ensuring statutory or contractual pay, protecting job rights, preventing discrimination, and maintaining safe working conditions. Employers must also manage administration correctly and respect return-to-work rights. Failure to comply can result in Employment Tribunal claims, financial compensation, and reputational damage.