Maternity leave and pay

Notification and confirmation of maternity leave

To qualify for maternity leave, an employee should notify you no later than the end of the 15th week before the expected week of childbirth (EWC) - the 'qualifying week' - of:

• The fact that she is pregnant.
• The expected date of the baby's birth.
• The intended start date of her maternity leave - this cannot be earlier than the beginning of the 11th week before the EWC. The expected date of birth is given on the MATB1 form that the employee receives from their registered doctor or midwife to confirm that they are pregnant. Note that an employee can change the start date of her leave - see the page in this guide on when maternity leave can begin.

The EWC is the week in which the expected date of the baby's birth falls - starting with the preceding Sunday and ending the following Saturday. If the birth date falls on a Sunday, that date is the first day in the EWC.

You may request notification of maternity leave in writing.

Notification and claiming statutory maternity pay (SMP)

Many employees will find it convenient to give notice of the date for the start of SMP at the same time. The date for the start of SMP is normally the same as the start date for maternity leave.

If the employee plans to take maternity leave, she only needs to provide a MATB1 form so that you can work out whether she can qualify for SMP. If she does not qualify, you must return form MATB1 to her.

See the page in this guide on maternity pay.

Failure to give the required notification

If an employee doesn't give you the required notification, she loses her right to start maternity leave on her chosen date.

You only have to make an exception to this where it was not reasonably practicable for the employee to give you notice any earlier.

For example, the employee may not be able to notify you properly if her baby is born much earlier than expected, eg well before the qualifying week. In these circumstances, she still qualifies for 52 weeks' statutory maternity leave. See the page in this guide on when maternity leave can begin.

Encouraging early notification

It benefits both you and the employee if she notifies you well in advance of the 11th week before the EWC as you:

• know she is entitled to paid time off for antenatal care - see our guide on pregnancy at work
• know that particular health and safety rules apply - see our guide on pregnancy at work
• can start making arrangements for covering the period while the employee is away

Giving the employee confirmation of the end date of leave

After receiving her notification, you must in turn notify the employee of the date on which the leave will end. This will normally be 52 weeks from the intended start of her maternity leave. Download our model maternity leave acknowledgment letter (DOC) - Opens in a new window.

You must give the employee this information within 28 days of her notification, unless the employee has since changed the date her leave will start. In that case, you must notify her of the end date within 28 days of the start of her leave.

If you fail to give the employee proper notification and the employee subsequently doesn't return to work on time, she may have protection against victimisation and dismissal. In addition, if the employee wants to change her return dates, she may also not be obliged to comply with the requirement to give you eight weeks' notice for this reason.

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

Print options - What are my print options - Opens in a new window

• Add guide to my print portfolio (print later as PDF)

Email options - What are my email options - Opens in a new window

• Tell a friend about this page
• Send me an email alert when this guide changes