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Welcoming a new addition to the family is a time of joy and much-needed adjustment for new parents.
As an employer, it is your responsibility to ensure your team members are supported on their journey into parenthood. Understanding maternity and paternity leave is not only essential for compliance but also in demonstrating your commitment to a positive workplace culture.
In this post, Rapid Formations we’ll explore the key aspects of maternity and paternity leave that you need to be aware of as a UK employer. Let’s get started.
What is maternity leave?
Maternity leave is a vital period for new mothers to take time away from their job to recover from childbirth and bond with their newborn.
Eligible employees are entitled to up to 52 weeks of maternity leave, with 26 weeks classified as ‘Ordinary Maternity Leave’ and the following 26 weeks as ‘Additional Maternity Leave.’
As a minimum, new mothers must take at least two weeks’ leave after they’ve given birth, or four weeks if they work in a factory environment.
How much pay should employees receive?
Eligible employees are entitled to statutory maternity pay (known as SMP), which is paid for up to 39 weeks. The amount of statutory maternity pay an employee is entitled to varies over the course of the 39 weeks:
- For the initial six weeks, employees should be paid 90% of their average weekly earnings.
- For the remaining 33 weeks they should receive either 90% of their average weekly earnings, or £172.48 a week – whichever is lower.
As an employer, you can, of course, offer a better rate of maternity pay, for example, to staff who have served at your company for a longer period of time. This should be outlined within your company policy.
Any extra money you do decide to give may be repaid in the event the employee decides not to return to the company following their leave.
Who is eligible for maternity leave pay?
In order to qualify for statutory maternity leave and pay, staff must be classed as an employee, rather than a ‘worker’. This means that if someone is employed on a fixed-term contract, they may not be eligible.
To receive statutory maternity pay, employees must:
- have worked at your company for at least 26 weeks (around six months) by the time they are 25 weeks pregnant.
- earn at least £123 per week, on average.
- provide you, the employer, with proof of their pregnancy and due date.
When does maternity leave start?
The earliest that maternity leave can be taken is 11 weeks before the expected week of childbirth unless the baby is born early.
Employees should provide at least 28 days’ notice before their intended start date of maternity leave, along with a medical certificate (MAT B1) confirming the pregnancy. They can request this certificate from their midwife after their mid-pregnancy scan.
Notice of their planned maternity leave must be issued by the time they are 25 weeks pregnant (or by the end of the 15th week before the baby is due). You may request for this to be given in writing and you must then respond with a letter confirming the employee’s start and end dates.
Paternity leave
If an employee’s partner is expecting a baby or they’re about to become a father, then they are legally entitled to take up to two weeks of paid paternity leave.
How much pay should employees receive?
Eligible employees are entitled to statutory paternity pay (known as SPP).
This is issued at:
- a flat rate of either £172.48 a week
- or 90% of their average weekly wage – whichever is lower.
Who is eligible for paternity leave pay?
To be eligible, employees must be one of the following:
- the child’s biological father
- the husband or partner of the mother – this includes same-sex partners
- the child’s adopter
- the intended parent (if they are having a baby through a surrogate)
As with maternity leave, the employee must have worked at the company for at least 26 weeks by the 15th week before the expected week of childbirth. They must also earn at least £123 a week before tax.
When does paternity leave start?
Paternity leave must be taken in one go, and it can only start once the baby’s been born.
Eligible employees must claim their paternity leave in writing at least 15 weeks before the baby is due. This will need to be done by filling in an online form through GOV.UK, unless you provide employees with your own version of this form.
Shared parental leave
This type of leave offers eligible parents a flexible approach to their statutory leave. It provides an alternative to the traditional maternity and paternity leave system by allowing parents to divide the leave and pay entitlement between them according to their individual circumstances and preferences.
Parents can choose to take leave separated by periods of work if they want to, rather than taking the leave all in one go.
Shared parental leave may last up to 52 weeks, and it’s up to the parents on how to divide this up between themselves. However, all leave must be taken between the birth of the baby and the first birthday.
How much pay should employees receive?
On shared parental leave, employees should get up to 39 weeks of pay, which is either:
- £172.48 a week
- or 90% of their average weekly earnings – whichever is lower.
Who is eligible for shared parental leave?
In order to qualify, employees will need to meet the following criteria:
- they must share responsibility for their child with their partner
- they must remain with the company while taking shared parental leave
- and they must have been employed by you continuously for at least 26 weeks by the end of the 15th week before the week that the baby is due.
When does shared parental leave start?
Each parent must issue their notice to you the employer at least eight weeks prior to the first period of shared parental leave.
If they plan to take periods of leave separated by work, they must provide at least eight weeks’ notice before each period of leave they want to take.
Final thoughts
Understanding maternity and paternity leave is a vital part of promoting an inclusive workplace culture. The support you provide employees with during their journey into parenthood can have a profound impact on their loyalty to the company and overall job satisfaction. For more insights and advice on compliance for your business, visit Rapid Formations.
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