Employees are able to be absent from work for the duration of a period of Ordinary Maternity Leave of 26 weeks and a further period of Additional Maternity Leave period of 26 weeks These two periods combined comprise the Statutory Maternity Leave entitlement of 52 weeks in total.
During Statutory Maternity Leave, employees who satisfy the qualifying requirements are entitled to receive an amount of Statutory Maternity Pay, the level of which is adjusted each year by the Government. Currently, Statutory Maternity Pay is payable for up to 39 weeks. The first six weeks are payable at 90% of average gross weekly earnings, with the remaining 33 weeks being paid at the standard SMP rate in force.
Provided that they qualify for leave employees are able to choose the date on which their Ordinary Maternity Leave period starts, provided the start date falls within 11 weeks of the expected week of confinement.
There are however obligations upon an employee to notify the employer in advance about her pregnancy and related matters in order to qualify for the leave.
Statutory Maternity Leave is applicable employees regardless of length of service, level of pay or hours worked. However, it is now open to parents to share this leave entitlement with fathers being entitled to take up to 26 weeks of Additional Paternity Leave. Subject again to various qualifying provisions, this can be taken by the father from 20 weeks after the child is born and must finish by the child’s first birthday.
'Keeping in Touch' Days are also an option for employees during their maternity leave period. The provisions in relation to Keeping in Touch Days are contained in the Maternity and Parental Leave (Amendment) Regulations 2006.
An employee on Maternity or Adoption Leave can agree with her employer to work for up to ten days during the Statutory Maternity Leave period of up to 52 weeks.
The employee cannot however be forced to work. Any pressure placed on an employee to work would amount to a detriment, entitling the employee could bring a claim under the Employment Rights Act 1996. Equally, the employer does not have to offer 'Keeping in Touch' days to the employee.
The employee would be entitled to be paid at their normal rate of pay during these days and would not lose their other maternity benefits. Any period of work would amount to a day’s work for the purposes of a ‘Keeping in Touch’ day but the primary purpose of these days is for the training and updating of employees.
A return to do some work on one of these days, does not bring the Maternity Leave to an end nor can the Maternity Leave period be extended by the number of days used.
If you have specific queries, please contact the advice service. Our consultancy service would be pleased to provide a competitive quotation for undertaking the work for you.