I Wonder How to Respond to a Maternity Leave Request

Welcoming a new baby is one of life’s biggest and most exciting changes, and for employees, maternity leave provides the time and space they need to focus on their growing family. For employers, how they respond to a maternity leave request can make a real difference. A timely, supportive, and well-informed response not only meets legal requirements but also reassures employees that they are valued and supported during an important moment in their lives.

In the UK, maternity leave is a legal right, and handling requests correctly is essential. This article offers practical guidance to help employers respond with confidence—ensuring compliance with employment law while creating a positive, people-focused workplace experience.

Understanding Maternity Leave

The specifics of maternity leave, such as its duration, pay, and eligibility, can be confusing for both employers and employees. It's important for employers to have a clear understanding of these rights to ensure compliance with the law and to support their employees appropriately.

Statutory Maternity Leave (“SML”)

Eligible employees are entitled to a total of 52 weeks of maternity leave, which is split into two parts:

• 26 weeks of Ordinary Maternity Leave (“OML”)
• 26 weeks of Additional Maternity Leave (“AML”)

Maternity leave can begin as early as 11 weeks before the expected week of childbirth, unless the baby is born earlier. Employees are required to take a minimum of two weeks’ leave following the birth, or four weeks if they are factory workers.

Maternity leave is available regardless of an employee’s length of service. However, employees must have an employment contract and provide their employer with the correct notice. This is at least 15 weeks before the expected week of childbirth, confirming when they intend to start their maternity leave, although this date can be changed by giving at least 28 days’ notice.

Statutory Maternity Pay (“SMP”)

Employees who qualify for maternity leave may also be entitled to SMP, which is paid for up to 39 weeks. The pay is divided as follows:

• First 6 weeks: 90% of the employee’s average weekly earnings (“AWE”) before tax.
• Remaining 33 weeks: £187.18 or 90% of their AWE, whichever is lower. The current rate of £187.18 is set to increase in April 2026.

To qualify for SMP, the employee must have been continuously employed by the employer for at least 26 weeks by the end of the 15th week before the baby’s due date (“Qualifying week”), earning an average of at least £125 per week, give the employer the correct notice and proof they’re pregnant.

Employees may also be entitled to enhanced maternity pay, as some employers offer more than the statutory entitlement. Employers should ensure that any enhanced maternity pay provisions are clearly outlined in the employee's contract of employment and relevant company policies.

Right to Return to Work

Employees on maternity leave have the right to return to the same job or, where appropriate, to an equivalent role on the same terms and conditions. If an employee takes up to 26 weeks of maternity leave (Ordinary Maternity Leave), they are entitled to return to the same role. If they take more than 26 weeks (Additional Maternity Leave), the employer may offer a suitable alternative role with terms and conditions that are no less favourable, including comparable pay and benefits.

In addition, employees are protected from any detriment or dismissal arising from their pregnancy or maternity leave. Employers must not treat an employee unfairly for taking maternity leave, as doing so may give rise to discrimination claims.

How to Acknowledge the Maternity Leave Request

Acknowledging the maternity leave request is the first step in ensuring the process runs smoothly and that both parties are aware of the expectations. It also helps prevent any confusion or misunderstandings about the employee’s leave and entitlements.

The employee should inform their employer as soon as possible that they are pregnant, as there may be health and safety considerations. The initial acknowledgement should be addressed promptly, even if all the practical details cannot be confirmed yet.

Employees must notify their employer of their intention to take maternity leave at least 15 weeks before the expected week of childbirth. Employers should remind employees of this legal requirement. Ideally, this should be done in an email or letter to ensure it is in writing. An employer may wish to see a medical certificate or ‘MAT B1’ form.

The employer must respond in writing within 28 days, confirming the date on which the maternity leave will start and end. ACAS provides a template letter that can be used for this purpose, which also covers additional elements such as the employee’s ability to change the start date of maternity leave by giving at least 28 days’ notice, the option to alter the return-to-work date by giving at least eight weeks’ notice, what happens if maternity leave is triggered early, arrangements for antenatal appointments, holiday entitlement during maternity leave, and keeping-in-touch (“KIT”) days.

Record keeping throughout the process is vital, especially for HMRC purposes.

Responding to the Request: Key Considerations

There are a couple of key considerations employers should keep in mind when responding to the request:

• Carry out a risk assessment – Employers are required to conduct an individual risk assessment for any employee who notifies them in writing of their pregnancy. This risk assessment should be reviewed regularly to ensure ongoing safety. Additionally, employers should hold regular health and safety discussions with the employee to address any concerns and ensure the continued suitability of the workplace environment.
   
• Eligibility – Check that the employee meets the eligibility criteria for maternity leave and pay. Being thorough at this stage helps prevent misunderstandings later.
   
• Leave duration – Check whether the employee wants to use the full 52 weeks of leave or opt for basic maternity leave. Confirming this ensures both parties have a shared understanding of expectations.
   
• Schedule – Have a clear understanding and clarity of the start and end date of maternity leave.
   
• Communication about the return to work – It’s essential to confirm expectations around the employee’s return to work and any flexible working arrangements they might request post-leave.
   
• Consideration of staffing and operational impact – Employers should plan for temporary cover or redistribution of responsibilities. While operational planning is necessary, it should be balanced with empathy, recognising the employee’s right to maternity leave without penalty.
   
• Highlighting employee rights – Reaffirm the employee’s right to return to the same role, or an equivalent one, following maternity leave, and ensure protection from any form of discrimination related to maternity. This reassurance not only upholds legal rights but also fosters trust and contributes to a positive workplace culture.

Conclusion

In conclusion, responding effectively to a maternity leave request is about balancing legal obligations with empathy and clear communication. From understanding the basics around maternity leave to return-to-work arrangements, every step requires clarity, empathy and adherence to statutory rights.

Further Advice

If you have any queries on maternity leave or any other employment-related matters, our Peace of Mind Team is here to provide expert guidance. Our Document Audit Team can also assist in drafting relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.

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