Maternity leave and pay

When maternity leave can begin

An employee can choose to begin her statutory maternity leave (SML) any time from 11 weeks before the expected week of childbirth (EWC) up until the birth itself. See the page in this guide on notification and confirmation of maternity leave.

Pregnancy-related absence

You may start an employee's SML as soon as she is absent from work for a pregnancy-related reason. You can only do this if the absence is after the beginning of the fourth week before the EWC, but before the date she notified you that she intended to start her leave.

In these circumstances, her SML will begin the day after the first day of her pregnancy related absence.

Note that you should treat as normal:

• any non-pregnancy-related sickness absence after the beginning of the fourth week before the EWC
• any sickness absence before the fourth week before the EWC

Earlier-than-expected childbirth

SML also begins on the day after the birth of child if the birth is before:

• the notified SML start date
• the employee has notified you of any date

This applies even if the birth takes place before the start of the 11th week before the EWC. In these circumstances, the employee should give you notice - in writing if you request it - of:

• the date of the birth if it has already taken place
• the original expected date of birth

The employee can provide you with evidence of the actual and expected dates of birth on the maternity certificate (MAT B1) provided by her doctor or midwife.

Changing the start date of maternity leave

After giving you her notification, the employee can change her intended start date as long as she notifies you of the new start date. She must do this by whichever is the earlier of:

• 28 days before the date she originally intended to start her leave
• 28 days before the new date she wants to start her leave

However, if it is not reasonably practicable for her to give you this much notice, she does not have to. In these circumstances she should give you as much notice as possible. You may request this notification in writing.

Subjects covered in this guide

• Introduction
• The right to maternity leave
• Notification and confirmation of maternity leave
• When maternity leave can begin
• Terms and conditions during maternity leave
• Benefits during maternity leave
• Contact and work during maternity leave
• A change to the planned return date from maternity leave
• Returning to work from maternity leave
• Maternity leave and protection against detriment or dismissal
• Maternity pay
• Here's how we managed contact and work during an employee's maternity leave

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