When an employee announces their pregnancy, of course you congratulate them, you are happy for them.
However, in reality you are now faced with issues surrounding maternity leave and small businesses are expected to take this in their stride. The truth is, things are never that simple and maternity leave can be a challenge if not managed correctly.
You can risk losing a key employee for a significant amount of time and you can’t just replace them, because they’ll need to come back once they’ve comfortably settled into motherhood. You may need to pay them for not working for you, whilst paying someone else to do their job.
You may need to recruit someone new, invest in training and hope that they keep things on track, to keep everything running smoothly.
Something we would most definitely advise is to be as supportive as possible, as having a flexible approach to employment can help ensure that talented, experienced and productive employees remain within your business after the birth of their child.
Maternity leave can be a challenge if not managed correctly
The key to managing a positive maternity experience is effective planning and good communication throughout. Things don’t always go to plan, of course things can change after the child is born; so start planning as soon as your employee tells you she is pregnant. Make sure all important information about their role is written down and ask them to help write a clear job description when looking for replacements.
Here are some essential facts to get you started and make sure that you are not breaking any employment laws:
Pregnant employees have four main legal rights:
- Maternity leave
- Maternity pay or maternity allowance
- Paid time off for antenatal care
- Protection against unfair treatment, discrimination or dismissal
Other maternity rights
Notice of pregnancy
Employees must tell their employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due. If this isn’t possible (for example, they didn’t know they were pregnant) the employer must be told as soon as possible. Employees must also tell the employer when they want to start their Statutory Maternity Leave and Statutory Maternity Pay.
Maternity Leave
Eligible employees can take up to 52 weeks’ statutory maternity leave (26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave). They don’t have to take the full 52 weeks’ but they must take 2 weeks leave after the baby is born (4 weeks if the work in a factory). This can begin, but not before, 11 weeks before the expected week of birth.
Pregnancy-related illnesses
Maternity leave and Statutory Maternity Pay will start automatically if the employee is off work for a pregnancy-related illness in the 4 weeks before the baby is due, and this supersedes what has been previously agreed.
Maternity Pay
Eligible employees can claim up to 39 weeks of statutory maternity pay (90% of their average weekly earnings before tax for the first six weeks, then 33 weeks at £138.18 per week or 90% of their average weekly earnings, whichever is lower).
Some employers may offer more generous leave and pay conditions and this should be included in the employees contract terms or Employee Handbook. Employers pay SMP to the employee, and businesses whose total annual National Insurance contributions are less than £45,000 can claim all of it back plus 3%. This is deducted from tax payable to HM Revenue & Customs.
Whilst on leave
Staying in touch is extremely important and there are 10 statutory KIT (keeping in touch) days available, which are a great way to make an employee still feels part of your business. They are paid for coming in, without it affecting their SMP and can be used for training, actual work or even business social events and are a great way of easing their journey back to work. These days however, are not mandatory and an employee should not be made to feel that they must use them.
Return to work advice
A phased return to work at the end of maternity leave is probably a very good idea, as the reality is there will have been significant changes for them in their new role as a parent and probably your business since they’ve been away.
There are lots of other things to think about with the maternity process and we have only covered a few basics for you; there are health and safety issues to think about, as well as eligibility for SMP (Statutory Maternity Pay) and what documents you need to send and receive to name a few.
There are so many aspects of employment rights in respect of maternity leave and pay, flexible working requests, holiday entitlement, pension contributions, whether the employee keeps the mobile phone or company car, keeping in touch days etc, it is definitely worth considering professional help to make sure you have everything covered and compliant and HR Revolution can help you do just that.
If you would like to discuss further or get any advice please do get in touch.
