Pregnancy and Maternity Leave and Pay Policy Writers

These policies set out the rights and support available to employees during pregnancy, maternity leave, and their return to work.

They ensure legal compliance and provide a clear process for managing time off, pay entitlements, and health and safety during pregnancy.

What Do Pregnancy and Maternity Policies Cover?

A pregnancy and maternity policy typically includes:

Notification requirements and eligibility for maternity leave
Statutory Maternity Leave and Statutory Maternity Pay (SMP)
Occupational maternity pay (if applicable)
Health and safety risk assessments during pregnancy
Keeping in touch (KIT) days and communication during leave
Rights to return to work and protection from discrimination
Support for antenatal appointments and workplace adjustments

Employers must comply with the Employment Rights Act 1996, the Maternity and Parental Leave Regulations 1999, and the Equality Act 2010. These laws protect employees from unfair treatment due to pregnancy or maternity.

A clear policy helps employees understand their entitlements and allows employers to plan ahead while supporting staff at a critical time.

Legal Basis

Pregnancy and maternity rights in the UK are set across several statutes. The Employment Rights Act 1996 (Part VIII) establishes Statutory Maternity Leave (52 weeks: 26 weeks Ordinary plus 26 weeks Additional).

The Social Security Contributions and Benefits Act 1992 governs Statutory Maternity Pay (90% of average weekly earnings for the first 6 weeks, then the lower of 90% or the SMP rate for up to 33 weeks).

The Equality Act 2010 protects pregnancy and maternity as a standalone protected characteristic, distinct from sex.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which came into force on 6 April 2024, extended priority redundancy protection from the period of maternity leave alone to a longer "protected period", covering pregnancy notification through to 18 months after the child's date of birth.

Employees on maternity leave (and those who have returned within the protected window) must be offered any suitable alternative vacancy in preference to other affected employees.

Common Compliance Pitfalls

KIT days mishandled. Up to 10 Keeping in Touch days are permitted during maternity leave without losing SMP, but they must be by mutual agreement and properly paid; treating attendance as expected breaks the rules.
Risk assessments not refreshed. A new and expectant mothers risk assessment is required under the Management of Health and Safety at Work Regulations 1999 once the employer is notified in writing.
Failure to apply the 18-month redundancy window. Many employers still operate on the pre-April-2024 rule limited to the maternity-leave period itself.
SMP paid at the wrong rate after the first 6 weeks. The 90% rate continues only for weeks 1-6; weeks 7-39 are paid at the lower of 90% or the published SMP rate.
Pay reviews missed. Pay rises that take effect during maternity leave must be reflected in the SMP calculation back to the start of the relevant 8-week reference period.

Sector-Specific Considerations

Healthcare and care services: NHS Agenda for Change, doctors' contracts and many CQC providers offer enhanced maternity pay above SMP, the policy must distinguish contractual pay from statutory pay clearly.

Education: The Burgundy Book and other sector agreements set their own enhanced maternity provisions for teachers and support staff.

SMEs: Small employers can recover 103% of SMP through HMRC; the policy and payroll process must reflect the Small Employers' Relief calculation.

Public-sector tenders: Family-friendly policies are increasingly scored under the social-value model (Theme 5 - Wellbeing).

What Policy Pros Delivers

Our Pregnancy and Maternity Policy package includes the main policy document, the new and expectant mothers risk assessment template, a KIT days agreement template, a manager checklist for pregnancy notifications, an updated redundancy procedure reflecting the 2024 18-month protected window, and a returner-support framework.

The policy integrates with shared parental leave, paternity leave, and flexible-working policies as a coherent family-leave suite.