Managing pregnancy and work can be tricky both for the employee and the employer. Here we explain how to keep your employees happy whilst staying inside of the law.
Planning ahead
Each year the majority of babies are born to working parents. But whilst juggling parenthood and work can be difficult for any new mother, for their employers it can also seem a daunting period. However, knowing about their plans for maternity leave and returning to work should also give you the chance to prepare your business and workflow.
Whilst it’s a legal imperative to inform employers no later than the end of the fifteenth week before the baby is due about pregnancy, discussing it earlier can make things easier. Arranging for paid time off for antenatal care and joint planning for the period when the employee is away will also make for a much smoother transition.
When dealing with the needs of pregnant employees it’s also important to remember that it’s unlawful to treat women less favourably on the grounds of pregnancy or maternity leave. Consulting a legal expert or guides from the Department for Business Enterprise and Regulatory Reform should help you to familiarise yourself with new discrimination rules.
Managing maternity leave
During an employee’s maternity leave managing your business’ workflow can be more difficult. While businesses can reclaim 92 per cent of Statutory Maternity Pay (SMP) payments from the Government (if your National Insurance Contributions are less than £45,000 per year, you can re-claim 100%) some smaller firms still face budget constraints which makes hiring temporary staff impossible. In this case many firms opt to spread the role throughout the rest of the team. This can be a more cost effective and immediate solution and can require only a short handover period helping you do business with minimal changes.
Staying in touch
It’s not unreasonable to get in touch with your employee once she is on maternity leave. Just because she’s not in the workplace doesn’t mean she’s not part your team and in some circumstances it’s crucial for you to be able to discuss issues such as any changes to her plans to return to work or important developments at work. She should also be made aware of any job vacancies or promotion opportunities that occur during her maternity leave. Yet whilst keeping in touch is crucial, the amount of contact you make must be arranged prior to her departure.
The latest introduction of 10 ‘Keeping in Touch’ days will also allow your employee to do a limited amount of work during her maternity leave whilst still retaining her SMP for that time. Whilst this is good news for the employer it’s important to remember that even if your employee completes one hour of work on one day, this is still counted as one of the 10 days.
Returning to work
After her maternity leave, your employee has the right to return to the same job, on the same terms as if she had not been absent. Some employees are relieved to get back to work but you could also make allowances for those who need more help.
In line with the law, any new mother (or parent under the age of six or with a disabled child under the age of 18) has the right to request flexible working. These family-friendly ways of working can help to make the transition back into work easier whilst also keeping your employees motivated.
However it’s important that you give each request serious consideration and in any case where the request fails you must be able to justify your decision. Ignoring these requests without reason can lead to unfair discrimination, so it’s crucial you check your rights along with those of your employees before offering such plans.
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