PART 1: DATES, DEFINITIONS AND OBLIGATIONS
Maternity Pay Period (MPP) For those with an EWC of 1st April 2007 or later the MPP may start on any day of the week and run for up to 39 full weeks. For those with an EWC prior to 1st April 2007 the start date was Sunday for planned leave periods, and on any day for those triggered by early birth i.e. before leave had commenced or triggered by a pregnancy related illness (PRI). For early births or a PRI leave starts on the day after the first day of sickness, or the day after the birth of the baby. The PRI trigger is 4 weeks prior to the EWC. Evidence Evidence of pregnancy on form (MAT B1) or equivalent indicates the intention to exercise the right to leave and must be given to the employer no later than during the Notification Week, (the 15th week before the EWC). COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS The woman must give notice to her employer: • that she is pregnant • of her EWC by means of MAT B1, or equivalent • of the date she wishes to commence leave, in writing if requested. She may revise the date on which she intends to start maternity leave, as long as she gives 28 days-notice of the new date. If she wishes to return earlier than the 52-week period of leave that she is entitled to she must give 8 weeks’ notice. (Prior to 1st April 2007 this was 4 weeks.) If the baby is born early, before notice has been given, she should notify her employer as soon as reasonably practical, giving the date of the birth. Within 28 days of notification the employer must respond to the employee in writing informing her of her right to 52 weeks maternity leave and her expected return date. (Prior to April 2003 the employer had to write to the employee, whilst on maternity leave, explaining the implications relating to her return to work.) Return to work The employee has a right to return to the same or similar job after Ordinary Maternity Leave. Once she commences Additional Maternity Leave she has the right to return to a job that is ‘suitable and appropriate’ if her employer chooses not to keep her old job open. No printing, copying or reproduction permitted. Penalties If the required notice (28 days) for the start of Statutory Maternity Pay is not given, the commencement of payment of SMP can be delayed until 28 days after the date that correct notification is provided. Contract of Employment - changes for EWCs on, or after, 5th October 2008 Women are entitled to retain the benefit of their normal terms and conditions of employment, except for those relating to remuneration, throughout the period of ordinary and additional maternity leave. In most cases Statutory Maternity Pay or Maternity Allowance will become payable instead of wages. Remuneration means all monetary wages or salary. Therefore the woman is entitled to all her benefits-in-kind e.g. company car, childcare vouchers, contractual
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