Here's a quick run down of mat leave law:
You must tell your employer at least 15 weeks before the week you are due to give birth. The week you are due to give birth is your 40th week and is calculated from the Sunday. So, if you are 40 weeks on Tuesday 14th June 2022, your week you are due to give birth begins on Sunday 12th June and you must notify them sometime between Sunday 20th February and Sunday 27th February 2022. This is known as your Notification Week. However, you can tell them as soon as you feel able. The sooner you tell them, the simpler it will be to take time off for appointments etc.
You are entitled to time off for all pregnancy related appointments. This includes classes such as birthing or parenting classes. It can also include exercise and mental health appointments, if your midwife or consultant has recommended them.
Your company will have their own maternity policy. The most generous policies award 12 months at full pay. Some policies offer 3 months at 90% of pay followed by statutory maternity pay.
The absolute minimum that an employer must offer is: 6 weeks at 90% of your pay THEN EITHER 33 weeks at £151.20 per week OR 33 weeks at 90% of your pay - whichever is LOWER.
"Pay" in this case, is an average amount calculated from the 8 weeks before your last pay day before the start of your mat leave.
This constitutes SMP (statutory maternity pay).
SMP is claimed back from the government so you will NEVER be required to pay this amount back.
Your employer MUST confirm with you (in writing) how much SMP you can expect, when it will start and when it will stop.
SMP begins when you start your mat leave OR if you are signed off work by a doctor or midwife with a pregnancy related illness in the last 4 weeks before the week that your baby is due (week 40)
You are eligible for SMP if you have been with your employer throughout your pregnancy and you are still with your employer in the 15th week before your baby is due.
You must give your employer evidence of your pregnancy at least 21 days before mat leave begins. Your midwife will give you the correct form (MATB1) when you are around 20-24 weeks pregnant.
If you leave your job (dismissed, made redundant) after the 15th week before baby is due, you are still eligible for SMP.
If you are not eligible for SMP, you will likely be eligible for Maternity Allowance benefit instead.
Your employer is entitled to "keep in touch" with you during your mat leave but they should not hassle you or make you feel uncomfortable. Your employer is entitled to ask you what you intend to do upon return to work, but you do not need to "stick" to what you have said, and they cannot force you to. Your employer is not required to offer flexible working or reduced hours to you upon return to work (although most do). Your employer is entitled to ask you outright if you are pregnant. You do not need to tell them, but it would be a very awkward conversation indeed.
Your employer does not need to hold your exact position for you when you return to work but they MUST offer you a position of equal pay and responsibility.
You can still be considered for and made redundant during maternity leave. If you are considered for redundancy you would still need to attend meetings and interviews about this at your normal place of work, or somewhere no further away than your normal place of work. You cannot refuse to attend due to maternity leave (unless you are happy to accept redundancy) and they have to allow you enough time to make child care arrangements etc. in order to attend any meetings.
If you decide not to go back to work after mat leave, you must submit your notice in the usual fashion and in line with your contractual obligations.
If your employer offers their own more generous maternity scheme, (usually called something like "enhanced maternity pay") they CAN ask you to repay any amounts that were over and above SMP, if you decide not to go back to work.
They cannot make you pay it back in one lump sum and they should make you aware of this stipulation before you go on maternity leave.
You and your partner can use Shared Parental Leave if you are both eligible. You can share up to 50 weeks of leave and 37 weeks of pay between you. You need to take all of this leave and pay in the first year after your child is born. You can take leave in blocks separated by periods of work, or all in one go. You can choose to be off work together, or to stagger the leave and pay.
To qualify you must both have been employed continuously by your employers for 26 weeks (6 months) up to the end of the 15th week before your due date and you must stay with the same employer until you start your SPL.
Sorry for the essay.xxx