Maternity Leave and Pay Notification (UK)

A Maternity Leave and Pay Notification in the United Kingdom records an employment request, entitlement, or HR particular and the information the parties need to action it, and takes its legal force from the Employment Rights Act 1996.

Once proper notification has been given, a cascade of legal protections springs into force. The employer must respond in writing within 28 days, confirming the date on which the maternity leave entitlement will end — the expected return date — which is calculated as 52 weeks from the notified start date. From the date of notification, the employee cannot be selected for redundancy because of her pregnancy, subjected to any detriment related to her pregnancy or maternity leave, or dismissed for reasons connected with her pregnancy. Any such treatment is automatically unfair dismissal under the Employment Rights Act 1996 and unlawful pregnancy and maternity discrimination under the Equality Act 2010.

The notification also initiates the employer's obligation to assess the employee's SMP entitlement under the Social Security Contributions and Benefits Act 1992 ss.164–171. Statutory Maternity Pay is the minimum pay to which qualifying employees are entitled during maternity leave, regardless of what their contract of employment provides. It is paid for up to 39 weeks: the first six weeks at 90% of average weekly earnings and the remaining 33 weeks at the lesser of 90% of average weekly earnings or the standard weekly rate set by the Secretary of State.

The maternity notification form also provides a structured means of addressing Keeping in Touch days under reg. 12A, contact preferences during leave, return-to-work intentions, and the employer's health and safety obligations under the Management of Health and Safety at Work Regulations 1999 reg. 16. Completing this form thoroughly, with all required information and the correct dates, is the single most important administrative step an employee can take at the start of her maternity journey.

The legal framework governing the Maternity Leave and Pay Notification (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Parties executing a Maternity Leave and Pay Notification (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Rights Act 1996 sets the foundational requirements.

The statutory deadline for giving maternity leave notification in England and Wales is at least 15 weeks before the expected week of childbirth. This is the key trigger date set out in reg. 4(1) of the Maternity and Parental Leave Regulations 1999. If it is not reasonably practicable to give notice 15 weeks before the EWC — for example, because the employee did not know she was pregnant until a late stage — notice must be given as soon as reasonably practicable.

The United Kingdom Maternity Leave and Pay Notification (UK) notification form is needed as soon as the pregnancy has been confirmed with a midwife or GP and the estimated due date is known. Most women give notification between weeks 16 and 25 of pregnancy, which gives them time to obtain the MAT B1 certificate (issued after week 20) and plan their leave dates. The MAT B1 is the medical certificate of expected childbirth issued by a registered midwife or GP; it is the key document required by the employer to process the SMP claim and cannot be provided before the 20th week of pregnancy.

If the baby arrives early, maternity leave may begin automatically. Under reg. 6 of the 1999 Regulations, if the employee gives birth before her intended start date, maternity leave begins on the day following the birth. Similarly, if she is absent from work for a pregnancy-related reason during the four weeks before her EWC, the employer is entitled to treat her maternity leave as having begun on the first day of that absence.

A carefully completed notification form is also needed when requesting a specific start date for leave. Under reg. 4(2) of the 1999 Regulations, the notified start date can be changed by giving the employer 28 days' notice of the new date, or less if not reasonably practicable. Having a clear written record of each notification and variation protects the employee if any dispute arises later about when leave began or ended.

Employers must give any employee on maternity leave the same consideration for promotions, pay rises, and workplace changes that they give to colleagues who remain at work. If a vacancy arises that is suitable for the employee on leave, the employer must inform them. The written notification form — along with the employer's written response — becomes the central piece of evidence in any Employment Tribunal claim if these obligations are not met.

A compliant Maternity Leave and Pay Notification for England and Wales must contain all of the information prescribed by reg. 4(1) of the Maternity and Parental Leave Regulations 1999: the fact of pregnancy, the expected week of childbirth, and the date on which maternity leave is to begin. In practice, a well-drafted notification form covers considerably more.

Employee identification details are the starting point: full name, employee or payroll number, department, and job title. These details confirm the notification is correctly matched to the employee's personnel file and payroll record, avoiding administrative confusion that can delay SMP processing or create disputes about entitlement.

The expected week of childbirth (EWC) is the cornerstone date from which all other dates are calculated. It is the week beginning on Sunday in which the baby is due. The 15-week notification deadline, the qualifying week for SMP purposes, the earliest possible maternity leave start date (11 weeks before the EWC), and the end of the maximum maternity leave period (52 weeks after the start) are all derived from this single date.

MAT B1 certificate confirmation is a practical necessity. Without the MAT B1, the employer cannot lawfully begin paying SMP. The form should record whether the certificate is enclosed, and if not, give a commitment to provide it promptly. Employers who receive a completed notification but not the MAT B1 must still respond within 28 days confirming expected leave end dates but may defer SMP payment until the certificate is received.

SMP eligibility information — specifically confirmation of 26 weeks' continuous service by the qualifying week and average weekly earnings above the Lower Earnings Limit — allows the employer to begin the SMP assessment without delay. Employers who determine that an employee does not qualify for SMP must issue form SMP1 within 7 days of making that decision so the employee can apply for Maternity Allowance from DWP.

Keeping in Touch day provisions under reg. 12A of the 1999 Regulations allow up to 10 days of work during maternity leave without ending the leave or losing SMP. The notification form should record whether the employee is open in principle to discussing KIT days, while making clear that neither party can unilaterally impose them.

Return-to-work intentions, while not legally binding at notification stage, are important for workforce planning. Any employee returning after Ordinary Maternity Leave (the first 26 weeks) has an absolute right to return to the same job. After Additional Maternity Leave (weeks 27–52), the right is to the same job or, if not reasonably practicable, a suitable alternative on no less favourable terms.

The employer acknowledgment section — to be completed and returned within 28 days — confirms receipt, records the calculated end date of maternity leave, and commits to the SMP assessment timeline. This written acknowledgment is required by reg. 7 of the 1999 Regulations and is the employee's primary protection against later disputes about entitlement and return dates. The forms-legal.com Maternity Leave and Pay Notification (UK) template covers the mandatory elements under Employment Rights Act 1996.