maternity rights checklist

When first informed

1. Inform yourself about maternity rights by using this Guide. If you need further information, read the BERR guide to maternity rights (Pregnancy and Work: a guide for employers and employees) and HM Revenue's employer's help book ( E15 (2006): Pay and time off work for parents.
   
2. Consider whether there are any risks to the employee's health and safety that need to be addressed. Are any alterations needed to her working conditions? Is it necessary to move her to alternative work? If so, is any available? Might she need to be suspended from work with pay?
   
3. Meet with the employee to discuss how her leave will be managed and what her rights are. When you meet:
   
   - Ask the employee when her baby is due. Explain to her how long her leave can last.
   
   - Explain to the employee her right to time off for antenatal care and ask her to show you her appointment card after she has had her first appointment.
   
   - Tell the employee that she needs to notify you by the 15th week before her expected week of childbirth (EWC) of the date she intends to start her leave. Ask for the notice to be given in writing. Explain to the employee that she cannot start her maternity leave before the 11th week before her EWC (unless the baby is born before that date). If she changes her mind about her start date she must give you at least 28 days' notice before the original start date or new start date, whichever is earlier.
   
   - Explain to the employee that if the baby is born before she starts her maternity leave, the birth will automatically trigger her maternity leave period. In this case, she should contact you as soon as reasonably practicable and tell you the date the baby was born. If she works on into the four weeks before her baby is due and she is away from work for a pregnancy-related reason in those weeks, she should also inform you of this in writing. At that point you will discuss with her whether the absence has automatically triggered her maternity leave.
   
   - Consider working through a pregnancy/maternity timetable that establishes the important dates for the employee (for example, the 11th and 15th weeks before the EWC). It may be helpful to use the Business Link website to establish the likely timetable.
    
   - Ask the employee if she has any provisional plans for how much leave she will be taking.
   
   - Explain to the employee that she must give you 8 weeks' notice if she wants to come back to work early. Ask for the notice to be given in writing.
   
   - Establish whether the employee is entitled to SMP, and explain to her how much this is and how it will be paid.
   
   - Ask the employee to give you her MAT B1 form as soon as she receives it, and explain that her right to statutory maternity pay may be put at risk if she does not do so.
   
   - If the employee qualifies for parental leave, or will do so while she is off on maternity leave, discuss with her whether she plans to tack any parental leave on to the end of her maternity leave.
   
   - Discuss with the employee any health and safety concerns that she or you may have, and any alterations to her work that may be necessary.
   
   - Explain about any arrangements for 'keeping in touch days' that you operate.
    
4. After the meeting, write to the employee summarising her legal rights and notice obligations.
5. If the employee is not entitled to SMP, give her form SMP1, Why I cannot pay you SMP.
6. Consider whether a temporary replacement should be recruited to cover for the employee while on maternity leave, or what other cover arrangements need to be made.
7. Within 28 days of receiving the employee's notice of her intended start date, write to her confirming the last day of her maternity leave. If the employee changes her mind about her intended start date, you will need to write to her again because the last day of her maternity leave will have changed. You must write to her within 28 days of the start of her maternity leave.

During employees' leave

1. Ensure that the employee's terms and conditions are observed, according to the statutory rules.
2. Keep in touch with the employee and ask her to let you know when the baby is born. Ensure that she does not do any work for you in the two-week period after she gives birth, or in the four weeks after the birth if she works in a factory. However, confirm details of any arrangements for "keeping in touch" days.
3. If the employee changed her mind about the start date of her maternity leave (or it was automatically triggered by pregnancy-related absence or the birth of the baby), and you have not already done so, write to her within 28 days of the start of her leave to advise the last day of her maternity leave.
4. Confirm arrangements for the employee's return.
5. If the employee requests flexible working arrangements on her return, ask her to complete an application form under the Flexible Working Regulations and then follow the statutory procedure (requests for flexible working).

Managing maternity cover

1. If you decide to recruit a temporary replacement for the employee on maternity leave, consider whether to recruit a temporary employee or use agency staff. If you decide to recruit an employee, put the job offer in writing, and state clearly that it is a temporary job to cover maternity leave. Explain that the job may be extended if the employee decides to take parental leave or holiday.
2. While the employee is on maternity leave, confirm whether she intends to return to work and discuss the situation with the temporary replacement.
3. If a permanent vacancy arises in the company during maternity cover, you must notify the temporary employee of it.
4. If the employee is not intending to return to work, consider whether to offer the temporary replacement the job on a permanent basis. If you decide to do so, confirm this in writing to the replacement. If you decide not to do so, remember that, if the replacement has one year's service, he or she will have the necessary service to bring an unfair dismissal claim . You should therefore follow the statutory dismissal procedure and act reasonably in all the circumstances before deciding to dismiss the temporary employee, and you must treat him or her like you would any other employee.
5. If the employee is intending to return to work after maternity leave, you should consider whether the temporary replacement could be offered other work, and put any offer of alternative work in writing.   Again, if there is no alternative work, you should follow the statutory dismissal procedure if the temporary employee has one year's service.