Writing a Maternity Leave Letter (UK)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Writing a maternity leave letter is an important part of transitioning to parenthood and the workplace for both employers and employees. It serves multiple purposes, from providing formal notification of an employee’s intention to take leave, through to ensuring their rights during their absence are respected and any arrangements concerning childcare are understood. The Genie AI team - with extensive experience in advising clients on maternity leave - recommend that pregnant employees in the UK take time to write a comprehensive and detailed maternity letter.

Maternity letters provide employees with an opportunity to clearly outline their rights and entitlements, as well as any contractual or statutory entitlements they may be eligible for during their period of absence. For employers, this information helps ensure compliance with the law, supporting the employee’s transition back into work with necessary workplace adjustments. In addition, such letters can also serve as evidence should any disputes arise between employer and employee - providing peace of mind that rights are being respected throughout their leave period.

At Genie AI we understand the importance of having access to accurate legal advice when drafting your maternity leave letter - which is why we provide free templates tailored for every situation within our community template library. So if you’re looking for step-by-step guidance or want to access our templates today, look no further than our team here at Genie AI!

Definitions (feel free to skip)

Employment Rights Act 1996 (ERA): The Employment Rights Act 1996 is a UK law that outlines the rights of employees in relation to maternity leave, including the right to take up to 52 weeks of maternity leave and receive Statutory Maternity Pay.

Ordinary Maternity Leave (OML): Ordinary Maternity Leave is the first 26 weeks of maternity leave, during which the employee is entitled to receive Statutory Maternity Pay.

Additional Maternity Leave (AML): Additional Maternity Leave is the second 26 weeks of maternity leave, during which the employee is also entitled to receive Statutory Maternity Pay.

Statutory Maternity Pay (SMP): Statutory Maternity Pay is a set amount of money paid by the employer to the employee during both OML and AML.

Contents

• Introduce the purpose of the letter and the legal requirements of maternity leave in the UK
• Provide a template for the letter
• Explain the details that should be included in the letter:
• The date when the maternity leave begins and ends
• The employee’s contact details
• The employer’s contact details
• Any additional information or documents that should be included
• Offer advice on how to ensure the letter meets the employer’s requirements
• Explain the terms of pay and benefits during maternity leave
• Provide guidance on how to submit the letter, including:
• Who should receive the letter
• When the letter should be submitted
• How the letter should be delivered
• Explain the process for returning to work after maternity leave, including:
• Notifying the employer of the intended date of return
• How to plan for returning to work
• Any special arrangements that may be required
• Offer resources for additional information and support
• Explain the legal rights of employees upon returning to work
• Summarize the key points and provide a conclusion.

Get started

Introduce the purpose of the letter and the legal requirements of maternity leave in the UK

• Explain why you are writing the letter: to inform your employer of your intention to take maternity leave
• Outline the legal requirements for maternity leave in the UK:
• All employees in the UK are entitled to up to 52 weeks of maternity leave
• Entitlement to Statutory Maternity Pay (SMP) is available for up to 39 weeks
• Maternity leave can start any time from 11 weeks before the expected week of childbirth
• When you have explained the purpose and legal requirements, you will be ready to move on to the next step.

Provide a template for the letter

• Begin the letter with your name and address, the date, and the employer’s name and address.
• Make sure to provide a polite salutation such as “Dear [employer name]”.
• Clearly state your intention to take maternity leave.
• Include the expected start and end dates of your maternity leave.
• Include any other relevant information such as the length of your leave and whether you will be taking any additional maternity leave.
• Make sure to thank your employer for their understanding and cooperation.
• Sign the letter with your name and contact information.

You’ll know that you’ve completed this step when you have created a template for the letter that includes all of the necessary elements.

Explain the details that should be included in the letter:

• Include your name and address at the top of the letter
• State your intention to take maternity leave
• State the date your leave will start
• Give your expected return date
• Confirm that you will be returning to work after your leave
• Confirm how much notice you will be giving prior to returning to work
• Thank your employer for their understanding
• When you have included all of the details above, you have completed this step and can move on to the next step.

The date when the maternity leave begins and ends

• Include the dates when the maternity leave will begin and end.
• Specify the exact dates, including the day, month, and year, when the maternity leave will start and end.
• Make sure to double-check the dates you include in your letter to make sure they are accurate.
• Once the dates are included in the letter, you can move on to the next step.

The employee’s contact details

• Begin the maternity leave letter with your contact details: Name, address, phone number, email address
• Follow your contact details with a statement that details the fact that you are writing to inform the employer of your maternity leave
• Check off this step when you have written your contact details and a statement at the beginning of the letter.

The employer’s contact details

• Gather the information of the employer – name, address, and contact details
• Include the employer’s name and address in the letter
• Use the correct salutation, such as ““Dear [Name of Employer]””
• Check that the employer’s contact details are correct
• When you are certain that the employer’s contact details are accurate, you can move on to the next step.

Any additional information or documents that should be included

• Check your employee handbook or contact your HR department for any additional information that should be included in the letter, such as the amount of leave you are entitled to, any documents that need to be completed, or any other requirements
• Include any additional documents such as your maternity benefit plan or evidence of your pregnancy if required
• Make sure all deadlines for completing documentation or paperwork are met
• Once you have checked all requirements are met, you can move on to the next step.

Offer advice on how to ensure the letter meets the employer’s requirements

• Read through the company’s maternity policy to ensure you are aware of the requirements
• Check that you have included all relevant information such as the start and end date of your leave, and any other documentation required
• Ensure any legal terms and conditions are included and correct
• Confirm that you have followed the correct format for the letter
• Have another person review the letter before sending to ensure accuracy
• Once you have checked the letter for accuracy, you can move on to the next step of the guide.

Explain the terms of pay and benefits during maternity leave

• Research the UK’s maternity leave policy and regulations to understand your entitlements
• Ensure you know the statutory maternity pay rate and the length of time you can receive it
• Find out if your employer offers any additional maternity benefits, such as enhanced maternity pay
• Make sure your letter reflects the terms of pay and benefits you are entitled to and have agreed with your employer
• Check that the letter clearly states when and how your maternity pay and benefits will be paid
• When you are satisfied that you have included all the relevant information, you can check this step off your list and move on to the next.

Provide guidance on how to submit the letter, including:

• Choose the recipient of the letter, who is likely to be your direct line manager or Human Resources department.
• Include the subject of the letter in the subject line.
• Include your full name, address, and contact information in the letter.
• Use an appropriate and polite tone when writing the letter.
• Attach any documents relevant to the letter such as a copy of your maternity certificate.
• Submit the letter either via post or email.

How you’ll know when you can check this off your list:

• Once you have completed all of the bullet points above and sent off the letter, you can consider this step complete and move on to the next step.

Who should receive the letter

• The letter should be addressed to your employer
• If you know the name of the person you should address it to, use that
• If you don’t know the name of the person you should address it to, use the name of your employer
• Make sure to include their name, title and department in the address section
• When you have addressed the letter to the right person, you can check this off your list and move on to the next step.

When the letter should be submitted

• Ideally, submit the letter at least four weeks before you plan to take maternity leave.
• If you submit the letter later than this, the employer may not be able to plan adequately for your absence.
• You can check this step off your list once the letter has been submitted in a timely manner.

How the letter should be delivered

• You should deliver your maternity leave letter by post, preferably using recorded delivery.
• Make sure you keep a copy of the letter and the receipt.
• You will know when you can check this off your list when you receive confirmation that the letter was delivered.

Explain the process for returning to work after maternity leave, including:

• Provide details of your intended date of return, such as the exact date or week
• Explain the process for taking necessary breaks and vacation time
• Explain how you intend to manage work-life balance
• Specify any special requirements to help you transition back to work, such as flexible hours or part-time work
• Confirm that you understand the company’s maternity leave policies
• Review the Family and Medical Leave Act (FMLA) to ensure you are eligible for job protection
• Provide contact details in case your employer has any questions

Once you have provided all the above information, you can check this off your list and move on to the next step.

Notifying the employer of the intended date of return

• Calculate the expected date of return from maternity leave to your job
• Inform your employer of your intended date of return, preferably in writing and include a copy of your MATB1 form
• Consider informing your employer of any changes to your original plan if necessary
• You’ll know you’ve completed this step when you’ve notified your employer of the intended date of return and have received a response acknowledging the information.

How to plan for returning to work

• Research the company’s maternity leave policies and procedures
• Speak with your line manager and/or HR department about returning to work
• Consider any childcare needs for when you return to work
• Discuss any flexible working needs that you may have
• Make sure that you have all the information you need for returning to work
• Check that the company has the necessary resources and support for you to be able to return to work
• Plan out the timeline for your return to work, including any training that may be required
• Make sure you have all the necessary paperwork in order
• When you have all the necessary information, you can check this off your list and move on to the next step.

Any special arrangements that may be required

• Consider if you need any special arrangements when you return to work, such as flexible working hours, limited hours, or working from home.
• Talk to your employer and make sure you both agree on the arrangements.
• Outline what you have discussed with your employer in your maternity leave letter, including any special arrangements that you have made.
• Once you have outlined the special arrangements in your maternity leave letter and have discussed them with your employer, you can check this step off your list and move on to the next step.

Offer resources for additional information and support

• Provide contact information for any support groups or networks you can join during your maternity leave.
• Provide contact information for the Human Resources department of your workplace.
• Include any additional resources you may need, such as any relevant government schemes or other relevant organisations.
• Once you’ve finished offering resources, you can move on to the next step.

Explain the legal rights of employees upon returning to work

• Review the current maternity leave rights in the UK. Employees are legally entitled to up to 52 weeks of maternity leave, with the first two weeks of leave being compulsory.
• Familiarize yourself with the rights of returning mothers. Mothers are legally entitled to return to their previous job after their maternity leave if they have taken 26 weeks or less, or to a similar job if they have taken more than 26 weeks.
• Understand the further rights of returning mothers. Employees are entitled to be paid the same as if they had not been on maternity leave and are entitled to the same benefits, such as sick pay and holidays.

You can check this step off your list when you have become familiar with the rights of returning mothers in the UK.

Summarize the key points and provide a conclusion.

• Summarize your main points, including the length of your maternity leave and the date of your return
• Express your enthusiasm for returning to work and thank your employer for their understanding and support
• Offer to provide additional information if needed
• Provide contact information and sign off the letter
• When you are happy with the final draft, send your maternity leave letter to your employer.

FAQ:

Q: Does the maternity leave letter have to be sent to the employer before or after I have taken the leave?

Asked by Michael on June 6th 2022.
A: The maternity leave letter should be sent to your employer as soon as possible, but it is not necessary that it is sent before taking the leave. Generally speaking, when taking maternity leave in the UK, you need to give your employer 8 weeks’ notice before you intend to start your leave, and you should provide a written notice of your intention to take maternity leave with this notice. The written notice should include details of when you intend to start your leave and how long you intend to be away from work. It’s important to note that the 8 weeks’ notice should be given at least 15 weeks before the expected week of childbirth.

Q: What are my rights if my employer refuses my maternity leave request?

Asked by Emma on April 15th 2022.
A: If your employer refuses your request for maternity leave, then you have a right to challenge their decision. Your first step should be to speak with your employer and try to come to an agreement. If this fails, then you can take legal advice and consider making an employment tribunal claim. In the UK, all employers must comply with the Maternity and Paternity Leave Regulations and it is against the law for an employer to refuse a reasonable request for maternity leave. Additionally, your employer must not discriminate against you because of pregnancy or childbirth.

Q: Is it necessary to include a specific statement in my maternity leave letter?

Asked by David on June 10th 2022.
A: Yes, it is important to include a specific statement in your maternity leave letter which outlines the details of how long you intend to take off from work. This statement should include the date that you will be starting your maternity leave and the date that you would like to return from your leave. You may also want to include any additional information about how you plan to manage your workload during your absence or any other arrangements that need to be made in order for you to take your leave.

Example dispute

Suing Employers for Denying Maternity Leave

• The plaintiff can raise a lawsuit referencing a maternity leave letter when their employer denies them maternity leave. This can be done on the basis of Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees on the basis of their sex.
• The plaintiff will need to provide evidence that the employer denied their maternity leave request, such as a copy of the maternity leave letter, as well as any other relevant documentation. The plaintiff must also provide evidence of the employer’s discriminatory practices based on their sex.
• The plaintiff may be able to settle out of court if the employer agrees to provide the maternity leave. If the employer does not agree to settle, the plaintiff may be able to seek damages for lost wages, emotional distress, and other costs associated with the denial of maternity leave.
• Damages may be calculated based on the amount of lost wages, the amount of emotional distress, and any other costs associated with the denial of maternity leave. The court may also award punitive damages if the employer’s conduct is deemed to be egregious or malicious in nature.

Templates available (free to use)

Detailed Maternity Policy Leave And Pay
Employers Letter To Employee On Maternity Leave Selected For Redundancy Provisionally
Employers Response To Employee On Maternity Leave And Coming Back Early
Et1 Unfair Dismissal Claim Pregnancy And Maternity Discrimination
Notice Of Employees Statutory Maternity Or Adoption Leave And Pay Ending
Return To Work Letter From Employer To Employee Revised End Date Of Maternity Leave
Simple Maternity Policy Leave And Pay
Standard Employer Response To Pregnancy And Maternity Discrimination Et3 Unfair Dismissal
Suitable Alternative Employment Offer To Employee On Maternity Leave Following Redundancy Consultation
Termination Letter For Employee On Maternity Leave Following Redundancy Consultation

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