Employment law and commercial litigation expert Jane Crosby from law firm Hart Brown, outlines what employers, and expectant mothers, should know, when it comes to maternity leave regulations.
For many companies, dealing with maternity leave issues can be a challenge, and one which employers often do not pay enough attention to. Women make up nearly 50 percent of the workforce and a high proportion of these women will become mothers during their employment. With new legislation from the 1st October giving Partners additional rights to unpaid leave, it is important that businesses know what is required of them to minimise the potential risk of costly discrimination claims.
Key legal rights
Health and safety requirements require all businesses to take steps to protect a pregnant woman from particular risks that could harm her or her baby. All pregnant women have the right to reasonable time off for ante natal care and eligible employees can take up to 52 weeks maternity leave regardless of length of service. In terms of pay eligible employees can be paid up to 39 weeks statutory maternity pay which is 90 percent of their average weekly earnings before tax and the remaining 33 weeks at £138.18 or 90 percent of their average weekly earnings whichever is the lower. There is a facility for companies to recover this statutory pay from the HMRC subject to eligibility.
New legislation has also been introduced from 1 October 2014 giving the right for husbands or partners to take off unpaid time for up to two ante natal appointments. There will be also a new system of parental rights introduced in 2015. Under this system parents will be allowed to share the statutory maternity leave and pay for up to 12 months that is only allowed to mothers at present. Mothers will need to take the initial two weeks after birth and after that the parents can choose to share the parental leave. This new system will come into force in April 2015 so businesses need to be aware of these rights and be prepared.
Preparation and planning
One of the elements to avoid disputes in the workplace is the need to prepare and plan for situations which involve maternity leave. It is important to carry out a risk assessment to make sure the workplace is a safe place for pregnant women to work against risks such as extremes of heat and cold. Good communication is a vital part of this process which starts as soon as the business becomes aware of a pregnancy. It is good practice to agree a date to meet with your employee to ensure an effective handover of work. This meeting can be also used to identify the key dates such as the baby’s due date and the return to work date. It may sound obvious but written records should be kept of all communications such as emails, meetings and telephone conversations minimising the risk of misinterpretation between the parties. It is important that clear policies are in place so that pitfalls can be avoided such as failure to deal with the time limits for flexible working requests.
Recruitment and communication
If a woman has requested to return to work during her ordinary maternity leave then she has an entitlement to return to the job she was doing before her maternity leave. Recruiting temporary cover will involve additional cost and preparation but these employees/agency workers should be integrated into the workforce quickly to minimise the cost. Communication is also important with the employee who is on maternity leave to establish when and if, they want to return to work and if they have any flexible working requests such as part time hours which may necessitate the person who has provided temporary cover to remain in the business for longer than originally anticipated.
Return to work
One method of ensuring a smooth return to work for the employee is to allow a phased return to work as there may have been significant changes for the employee and the business while they have been away. This phased return will help to build relationships again both with customers and staff. Communicating with the employee during their maternity leave can make them feel more valued and ensure a better transition back to work. Employers need to be aware of all the statutory rights applicable to pregnant employees and how to handle these processes effectively to prevent problems arising which can be costly for any business.
