Managers Guide to Maternity

- Frequently Asked Questions

My employee has told me she is pregnant. What happens now?

  1. Congratulate her (if appropriate) on her pregnancy
  2. Ask her at what point and how she intends to advise others in the team to ensure no-one breaches confidentiality if they are only telling you as their manager as opposed to a wider audience, and to allow them to share their news first if this is their preference.
  3. Try to avoid going into too much detail about start and return dates for maternity leave,especially before the first scan is completed. Do not share with her any worries or concerns you may have about costs or pressures on budgets. If there are numerous questions you have, but are not sure whether you should ask her, or at what stage they would be appropriate to ask, please contact your Assistant HR Adviser.
  4. Inform her she can see the AssistantHR Adviser for the area at any time for more detailed information about entitlements to leave and pay etc.
  5. You can give her a copy of the maternity policy and related information such as flowcharts and the frequently asked questions document. Alternatively, the Assistant HR Adviser will ensure she gets this at the maternity meeting.
  6. Discuss how and when you plan to conduct a risk assessment. This can be done together and the results should be discussed with the employee. As the pregnancy progresses review this risk assessment.
  7. Seek any specialist advice required from Human Resources, Occupational Health, Health and Safety depending on the nature of the work/stage of pregnancy and as circumstances dictate.
  8. Encourage the employee to take rest/lunch breaks.
  9. Openly discuss plans for cover arrangements and reasonable contact and Keeping in Touch Daysprior to the start of maternity leave. Discuss appropriate cover arrangements with your Assistant HR Adviser or Adviser. Further guidance for managers on maternity cover issues is available at: You may find a pro-forma called Keeping in Touch During Maternity Leave (an optional agreement between manager and employee) helpful which is available at: helps you set out arrangements for keeping in touch during maternity leave.
  10. Communicate (with the employees’ agreement) to those colleagues/customers who need to know the relevant information about cover arrangements and the start date of maternity leave.
  11. Agree annual leave arrangements prior to maternity leave commencing wherever possible. HR will inform you of the employee’s accrual in the relevant leave years excluding any days/hours already taken. Consider if a phased return to work using annual leave can be accommodated to support the return to work process. If so suggest it as an option.
  12. Maintain reasonable contact during the maternity leave period as agreed. Update her on changes in their role, theteam/department/School and of any vacancies and promotion opportunities that may arise during hermaternity leave.
  13. Invite the employee in for KIT days where appropriate. It can be mutually beneficial for team meetings/events/away days training courses or conferences etc.

What do all the abbreviations mean?

OMLOrdinary Maternity Leave (the first 26 weeks of maternity leave)

AMLAdditional Maternity Leave (follows OML and can be for up to next 26 weeks of maternity leave)

SMPStatutory Maternity Pay

MAMaternity Allowance

OMPOccupational Maternity Pay

EWCExpected week of Childbirth

QWQualifying Week

RTWReturn to Work

KITKeeping in Touch (Day)

LELLower Earnings Limit

NICNational Insurance Contributions

MATB1Form issued by midwife to confirm EWC after 20th week of pregnancy

Can I call my employee during her maternity leave? What does reasonable contact during maternity leave mean?

As the policy states, during the maternity leave period the University may make reasonable contact with an employee and vice versa. The frequency and nature of the contact depends on the nature of the work and the post. The contact may be via Email, telephone, letter or visits to the workplace to suit both parties. This could be to discuss a range of issues, such as discussing plans for returning to work, or to keep the employee informed of important developments/changes at work that might affect the employee on her return, such as promotion opportunities, or job vacancies that arise during maternity leave or information relating to the job that she would normally be made aware of if working.

It is helpful for the line manager to discuss with the employee, prior to maternity leave, the best arrangements for staying in touch, covering who initiates contact, how, as well as how often as some employees prefer to stay in close touch with the workplace while others prefer to keep contact to a minimum. It is good practice for the line manager to consult with employees about any proposed changes to their job towards the end of their maternity leave if possible. You may find a pro-forma called Keeping in Touch During Maternity Leave (an optional agreement between manager and employee) helpful which is available at: which helps you set out arrangements for keeping in touch during maternity leave.

What are Keeping in Touch Days?

An employee may, by agreement with the University, undertake up to ten days’ paid work – known as “Keeping in Touch Days” (KIT)- under their contract of employment during the maternity leave period. The type of work that an employee undertakes on Keeping in Touch Days is a matter for agreement with her Head of Department/School. They may be used for any activity which would ordinarily be classed as work under the contract of employment, for which she would be paid, but could be to attend a conference, undertake a training activity or attend a team meeting for example.

When should KIT days be arranged for?

It is useful for the line manager to spread out any KIT days over the course of the maternity leave period and consider arranging some near to the return to work date during the period of unpaid leave, as this will help to ease the employee’s return to work. It may also be at a point when childcare has been arranged in preparation for returning to work.

What is the payment for KIT days and what do I need to do?

If an employee attends a KIT day, they will be paid their normal contractual rate of pay for the hours worked (KIT days can be of any duration with the agreement of both parties), however the University reserves the right to count the amount of any maternity pay that may be received during a KIT day towards the normal contractual pay due. Line Managers will need to Email Payroll the hours and dates of work performed to arrange any payments that may be due to the employee.

Is a keeping in touch day pensionable?

If the employee receives payment for a KIT day whilst in receipt of any form of maternity pay please be aware the payment will be pensionable. Where the employee is in a period of no pay any payment for KIT day will not be pensionable.

Can I request that instead of paying for KIT days they have the time off in lieu?

Given the accrual of annual leave during maternity leave the University has decided that under no circumstances should time off in lieu be granted instead of payment for any KIT days worked.

What notice does the employee have to give about returning to work?

An employee may exercise the right to return to work at any time within her maternity leave period (either paid or unpaid, or during ordinary maternity leave or additional maternity leave) subject to giving 8 weeks’ written notice of the date on which the employee wants to return. An exception to this is that the employee may not return to work within two weeks of the birth of her child and no notice to return to work is required if the employee returns on the first working day after 52 weeks’ maternity leave.

Unless otherwise notified by an employee, the University will assume the employee will return on the first working day following additional maternity leave i.e. 52 weeks (one year) from the start of maternity leave. HR will contact the Line Manager regarding return to work dates. Employees are advised by HR that it is helpful if they confirm to their manager as soon as convenient during their maternity leave that they will be returning to work as expected. It is imperative that Line Managers confirm with HR when employees actually return to work to ensure correct payments are made to the employee. It is also important HR are advised asap if an employee returning to work from maternity leave resigns and leaves within 3 months of starting work again.

What happens with the employee’s annual leave entitlement?

  • Where applicable and in accordance with the contract of employment, the carry forward rule maybe applied.
  • Leave must be booked by employees in the usual manner with you as the line manager.
  • Accrued annual leave can be taken prior to going on maternity leave-if the baby is born early the annual leave is lost as maternity leave begins automatically the day after birth.
  • Accrued annual leave can be taken immediately following the end of the maternity leave period prior to physically returning to work. It may also be used to consider a phased return to work with the agreement of the line manager.
  • While on maternity leave (OML or AML) annual leave accrues at the contractual rate pro rata the maternity leave period.
  • Web calculators which may be useful are available from the HR website at:

What happens with the employee’s non-cash benefits such as childcare vouchers, gym membership and staff cycleschemes etc?

During the employees Maternity Leave, both during OML and AML, they are entitled to receive all Terms and Conditions, except remuneration. This means that non-cash benefits that are in existence prior to the maternity leave (such as those provided through a salary sacrifice scheme for child care vouchers, gym membership and staff cycle schemes) can be continued throughout both OML and AML. The cost of such schemes will be borne by the department when the employee is in a period of no pay or statutory pay only, as they are not able to sacrifice the salary during such periods.

What happens if my employee does not return to work due to a subsequent pregnancy?

If an employee is unable to return to work they will need to give consideration to the fact that if they have already received enhanced University maternity pay, they will still need to return to work for 3 months for each and every period of maternity leave, i.e. the 2 periods of maternity leave which individually require them to return to work for 3 months will be added together to mean that you will need to return to work for 6 months following their second period of maternity leave and so on and so forth. If they fail to return to work for the relevant period of time then the University will seek to reclaim the non-statutory element of maternity pay for all periods of consecutive maternity leave. The employee will need to refer to the Maternity Leave Policy to see if they are eligible for maternity pay for the subsequent pregnancy.

What about health and safety issues?

In accordance with the University’s legal obligations the line manager will carry out an assessment of the risks to all pregnant employees, new mothers and breastfeeding mothers who work for the University.

Employees are advised to inform their line manager as soon as possible of the pregnancy, or if breast feeding or if childbirth was within the last 6 months.

Risk assessments can be conducted with the employee’s input and managers should make the outcome available to employees. To ensure the safety of the unborn child, staff working in radioisotope laboratories or with controlled biological and chemical materials are strongly advised they should notify their Department/School Safety Officer of their pregnancy as soon as their condition has been confirmed.

Line managers should pay particular consideration to reducing the potential hazards to pregnant women and new mothers including those of working long hours, stress, exposure to toxic chemicals or pesticides and manual handling. If any specific risks are identified that cannot be avoided the University need to ensure she is not exposed to that risk. Options may include changes to the working conditions, hours of work or offering suitable alternative work. If none of these are possible, it may ultimately result in suspending her from work on full pay to protect the employee and her unborn child. In such cases there will be no impact on the maternity leave or maternity pay.

If an employee has any concerns about their health and safety at any time they are advised to speak to their Line Manager immediately.

For further information "The New and Expectant Mothers at Work Policy" (P2/99A) is available from the Safety Office. Additionally, Occupational Health may be consulted for confidential advice and guidance. HSE has some useful guidance available at:

What if my employee is intending to breastfeed whilst at work?

If the employee advises you that they intend to breastfeed whilst attending work, including during the reasonable contact or keeping in touch days, the University will need to undertake a risk assessment and remove any risks found. You as the line manager will need to make arrangements to provide suitable rest periods, with facilities such as a private room and access to a refrigerator for the employee to express and store expressed milk. There is no statutory right to time off work for breastfeeding, however, it is important to be as flexible as possible in order to support a mother's decision to breastfeed her baby.

Can the employee take time off for antenatal care?

Yes, all pregnant employees have the right to paid time off to attend antenatal care, which may include relaxation and parent craft classes (on the advice of a healthcare professional) as well as medical examinations related to the pregnancy regardless of the employee’s length of service. The employee can if you request this provide evidence of appointments, after the first appointment. Employees should give as much notice as possible and try to arrange appointments where possible at times that cause least disruption to their work such as the beginning or end of a working day or as advised by you as their line manager.

When can she start maternity leave?

An employee can choose when she wants to start maternity pay and leave, but this cannot be a date more than 11 weeks before the EWC.

What is compulsory maternity leave?

It is compulsory for an employee to take 2 weeks leave after birth.

What happens if my employee does not want to return to work?

Staff who decide not to return to work either before or following a period of maternity leave must give the University written notice in accordance with their contract of employment.

An employee who qualifies for enhanced University maternity pay, but decides to resign prior to maternity leave being taken will not receive any enhanced payments beyond the statutory payments.

If a notice period expires after maternity leave has ended the university may require the employee to work the remainder of the notice period.

How do I arrange cover?

You will need to consider the best cover arrangement for the particular circumstances and operational requirements. You can seek advice on this from your Assistant HR Adviser or Adviser. If you decide that you need to recruit a replacement, then you will need to follow the usual “authority to fill” process. You should be aware that it is University policy that appropriate cover arrangements should be put in place which do not place unreasonable burdens on a pregnant woman’s colleagues or that would mean unreasonable demands would be placed on the employee after her return from maternity leave. Financial considerations should not be foremost in deciding whether to recruit or put other formal cover arrangements in place, such as acting up other staff. Further guidance for managers on maternity cover issues is available at:

What happens to the employee’s payslip whilst they are on maternity leave?

The department will receive their payslip who should then forward it to their home address, until the employee is in a no pay situation as which point no payslip will be produced.

Does the employee receive a cost of living rise while on maternity leave?

Any increases to pay that are awarded during maternity leave will be paid either during the maternity leave period itself wherever possible, or in arrears on return from maternity leave.

What happens to their Performance Review?

Please note that consideration should be given to Activity/Performance review. It is recommended that the reviewer conducts an Activity/Performance Review meeting with the member of staff before the period of leave commences. This will ensure that achievements and progress indicators are captured and that a contribution rating can be recommended for the portion of the activity/performance year prior to departure, based on actual contribution made by the individual.