Pregnancy, maternity and adoption

who are expecting a baby, adopting a child or who are having a child via a are entitled to special rights and protections. This section will help you to understand your obligations towards these members, including time off for antenatal and pre-adoption appointments.It also provides guidance about entitlements to maternity and and pay and rights upon returning to work afterwards.

Pregnant staff

  1. 1.What are my obligations towards pregnant staff and staff who are new mothers?
  2. 2.What must I do when a member of staff informs me she is pregnant?
  3. 3.When is a member of staff obliged to tell me she is pregnant?
  4. 4.What must I do when a member of staff is undergoing IVF?
  5. 5.Can I require a member of staff to confirm her plans for returning to work before she goes off on maternity leave?
  6. 6.What health and safety matters do I need to consider for pregnant staff?
  7. 7.Must I allow my pregnant staff members paid time off for antenatal appointments?
  8. 8.Can I refuse a pregnant staff member time off for an antenatal appointment if it's inconvenient for my business?
  9. 9.Is there a limit to the number of antenatal appointments my pregnant employee can attend or how long she can spend at an appointment?
  10. 10.Does the right to time off for antenatal appointments extend to non-medical classes eg NCT classes?
  11. 11.Can I ask my pregnant staff member to make up the time she has missed for an antenatal appointment?
  12. 12.Do I have to allow staff to accompany their pregnant partner to antenatal appointments during working hours?
  13. 13.Can I refuse a staff member time off to accompany their partner at an antenatal appointment if it is inconvenient for my business?
  14. 14.What must I do if a pregnant staff member is sick?
  15. 15.What must I do when a pregnant staff member is sick during the last 4 weeks of pregnancy?
  16. 16.How do I know whether a pregnant staff member's sickness is related to pregnancy or not?
  17. 17.What do I need to be aware of if I need to discipline or dismiss a pregnant staff member?
  18. 18.Am I allowed to include a pregnant staff member in a redundancy process?
  19. 19.Can I take into account the fact that a woman is pregnant or due to go on maternity leave when considering pay rises, bonuses and promotions?
  20. 20.What must I do if a pregnant staff member gives birth before she goes on maternity leave?
  21. 21.How do I deal with a staff member who has had a miscarriage, stillbirth or whose baby dies shortly after birth?

Maternity leave and pay

  1. 22.What is maternity leave?
  2. 23.Which members of staff are entitled to take maternity leave?
  3. 24.Are agency workers entitled to take maternity leave?
  4. 25.Are casual workers or freelancers entitled to take maternity leave?
  5. 26.How much maternity leave are employees entitled to take?
  6. 27.When can maternity leave be taken?
  7. 28.What notice does an employee need to give me if she wants to take maternity leave?
  8. 29.Can I refuse to allow my employee's maternity leave if she gives her notice late?
  9. 30.What must I do after my employee notifies me that she wants to take maternity leave?
  10. 31.What is the earliest point at which maternity leave can start?
  11. 32.Once an employee has informed me of her start date for maternity leave, can she change it?
  12. 33.Does maternity leave count as part of continuous service?
  13. 34.Which staff are entitled to statutory maternity pay?
  14. 35.Are casual workers entitled to statutory maternity pay?
  15. 36.What is maternity allowance and who is entitled to it?
  16. 37.Is an employee required to notify me that she intends to claim statutory maternity pay?
  17. 38.What should I do if my employee is not eligible for statutory maternity pay?
  18. 39.How much is statutory maternity pay?
  19. 40.If my employee gets a pay rise after she starts maternity leave, does this need to be factored into her statutory maternity pay?
  20. 41.How and when should I pay staff on maternity leave?
  21. 42.If my business offers enhanced maternity pay, do I have to pay statutory maternity pay on top of this?
  22. 43.Can I make maternity pay conditional upon an employee returning to work at the end of her leave?
  23. 44.Can I recover maternity leave payments from the government?
  24. 45.How do I recover statutory maternity pay from HMRC?
  25. 46.What records do I have to keep about maternity pay?
  26. 47.Does an employee continue to accrue holiday and other entitlements during maternity leave?
  27. 48.Does an employee accrue extra leave to make up for bank holidays that take place whilst she is on maternity leave?
  28. 49.When can an employee take holiday accrued during her maternity leave period?
  29. 50.Am I obliged to award a pay rise, bonus or promotion to an employee who is on maternity leave?
  30. 51.What should I do if an employee goes on maternity leave during her probation period?
  31. 52.Can my employee claim childcare vouchers during her maternity leave?

Returning to work after maternity leave

  1. 53.Can employees on maternity leave do any work for me during maternity leave?
  2. 54.What can an employee who is on maternity leave do on a KIT day?
  3. 55.How many KIT days can an employee take during maternity leave?
  4. 56.Are there any rules about when an employee can take KIT days?
  5. 57.Are KIT days obligatory?
  6. 58.How much must I pay an employee for a KIT day?
  7. 59.How do I manage a return to work for an employee who has been on maternity leave?
  8. 60.Is my employee entitled to come back to the same job she had before when she returns from maternity leave?
  9. 61.Is my employee entitled to come back to the same job she had before if she takes ordinary maternity leave only?
  10. 62.If my employee takes other leave (eg annual leave) at the end of her ordinary maternity leave, can she still return to the same job?
  11. 63.Is my employee entitled to come back to the same job she had before if she takes additional maternity leave?
  12. 64.Do I have to agree to a request to work part-time or work flexibly from an employee returning from maternity leave?
  13. 65.How much notice does an employee need to give me before returning from maternity leave?
  14. 66.How much notice does an employee need to give me if she wants to change a previously agreed return to work date?
  15. 67.When an employee returns from maternity leave, can I fire the person who was providing maternity cover?
  16. 68.Do I have to agree to allow a woman on maternity leave to stay off work beyond her 52-week entitlement?
  17. 69.What should I do if an employee resigns whilst she is on maternity leave?
  18. 70.Am I obliged to provide payment in lieu of accrued annual leave if an employee does not return from maternity leave?
  19. 71.Am I allowed to make an employee redundant whilst she is pregnant or on maternity leave?

Staff who adopt or have a child via surrogacy

  1. 72.What obligations do I have towards a member of staff who adopts or has a child via a surrogacy arrangement?
  2. 73.Can both partners in a couple get adoption leave and pay?
  3. 74.Can my employee take adoption leave and pay if they are adopting a step-child or family member's child?
  4. 75.Can my employee take adoption leave and pay if they are adopting a child from overseas?
  5. 76.Can my employee take adoption leave and pay if their surrogate was based abroad?
  6. 77.What rights does my employee have if she is a surrogate mother?
  7. 78.Do I have to allow staff to attend pre-adoption appointments during working hours?
  8. 79.How many pre-adoption appointments can employees adopting alone or as the primary adopter attend during work hours?
  9. 80.How many pre-adoption appointments can employees adopting as the secondary adopter attend during work hours?
  10. 81.What is a pre-adoption appointment?
  11. 82.Can I ask for evidence that my employee has the right to take time off for a pre-adoption appointment?
  12. 83.Can I refuse to allow my employee time off to attend a pre-adoption appointment?
  13. 84.Are casual workers and freelancers entitled to time off to attend pre-adoption appointments?
  14. 85.Must I allow my staff member time off to accompany their surrogate to an antenatal appointment?
  15. 86.What does an employee who is having a baby via surrogacy with a partner need to confirm for the right to attend antenatal appointments?
  16. 87.What does an employee who is having a baby via surrogacy alone need to confirm for the right to attend antenatal appointments?
  17. 88.What types of appointment can my employee attend with their surrogate?
  18. 89.Can I refuse to allow my employee time off to attend an antenatal appointment with their surrogate?
  19. 90.Are casual workers and freelancers entitled to time off to attend antenatal appointments with their surrogate?

Adoption leave and pay

  1. 91.What is adoption leave?
  2. 92.Which members of staff are entitled to take adoption leave?
  3. 93.Are agency workers entitled to take adoption leave?
  4. 94.Are casual workers or freelancers entitled to take adoption leave?
  5. 95.How much adoption leave are employees entitled to take?
  6. 96.When can adoption leave start?
  7. 97.Once an employee has informed me of their start date for adoption leave, can they change it?
  8. 98.Does adoption leave count as part of continuous service?
  9. 99.Which staff are entitled to statutory adoption pay?
  10. 100.How much is statutory adoption pay?
  11. 101.What should I do if my employee is not eligible for statutory adoption pay?
  12. 102.How and when should I pay staff on adoption leave?
  13. 103.If my business offers enhanced adoption pay, do I have to pay statutory adoption pay on top of this?
  14. 104.Can I make adoption pay conditional upon the employee returning to work?
  15. 105.Can I recover adoption leave payments from the government?
  16. 106.How do I recover statutory adoption pay from HMRC?
  17. 107.What records do I need to keep about adoption pay?
  18. 108.Does an employee continue to accrue holiday and other entitlements during adoption leave?
  19. 109.Does an employee accrue extra leave to make up for bank holidays that take place while they are on adoption leave?
  20. 110.When can an employee take holiday accrued during their adoption leave period?
  21. 111.Am I obliged to award a pay rise, bonus or promotion to an employee who is on adoption leave?
  22. 112.What criteria does a surrogacy parent need to meet in order to qualify for adoption leave?
  23. 113.What criteria does a surrogacy parent need to meet in order to qualify for statutory adoption pay?
  24. 114.What notice does a surrogacy parent need to give me in order to be eligible for adoption leave and pay?
  25. 115.What do I need to do once an employee has notified me that they intend to take adoption leave?
  26. 116.What further notice does a surrogacy parent need to give me following their child's birth?
  27. 117.What criteria does an employee adopting a child from the UK need to meet in order to qualify for adoption leave?
  28. 118.What criteria does an employee adopting a child from the UK need to meet in order to qualify for statutory adoption pay?
  29. 119.What notice does an employee adopting a child from the UK need to give me in order to qualify for statutory adoption leave and pay?
  30. 120.What criteria does an employee adopting a child from overseas need to meet in order to qualify for adoption leave?
  31. 121.What criteria does an employee adopting a child from overseas need to meet in order to qualify for adoption pay?
  32. 122.What notice does an employee adopting a child from overseas need to give me in order to qualify for adoption leave and pay?
  33. 123.What notice does an employee adopting a child from overseas need to give me when they receive a notification from a UK authority?
  34. 124.What notice does an employee adopting a child from overseas need to give me about the dates for their adoption leave?
  35. 125.What notice does an employee adopting a child from overseas need to give me after their child arrives in Great Britain?

Returning to work after adoption leave

  1. 126.Can employees on adoption leave do any work for me during adoption leave?
  2. 127.What can an employee who is on adoption leave do on a KIT day?
  3. 128.How many KIT days can an employee take during adoption leave?
  4. 129.Are KIT days during adoption leave obligatory?
  5. 130.How much must I pay an employee for a KIT day during adoption leave?
  6. 131.How do I manage a return to work for an employee who has been on adoption leave?
  7. 132.Is my employee entitled to come back to the same job they had before when they return from adoption leave?
  8. 133.Is my employee entitled to come back to the same job they had before if they have taken ordinary adoption leave only?
  9. 134.If my employee takes other leave (eg annual leave) at the end of their ordinary adoption leave, can they still return to the same job?
  10. 135. Is my employee entitled to come back to the same job they had before if they take additional adoption leave?
  11. 136.Do I have to agree to a request to work part-time or work flexibly from an employee returning from adoption leave?
  12. 137.How much notice does an employee need to give me before returning from adoption leave?
  13. 138.How much notice does an employee need to give me if they want to change the previously agreed date of return from their adoption leave?
  14. 139.When an employee returns from adoption leave, can I fire the person who was providing cover for them?
  15. 140.Do I have to agree to a request to extend adoption leave beyond 52 weeks?
  16. 141.What should I do if an employee resigns whilst on adoption leave?
  17. 142.Am I obliged to provide payment in lieu of accrued annual leave if an employee does not return from adoption leave?
  18. 143.Am I allowed to make an employee redundant whilst on adoption leave?

Adoption - Employee notice of intention to take adoption leave for overseas adoption

This letter should be provided to employees who intend to take adoption leave because they are adopting a child from overseas. Your employee can complete and return this letter to you, providing all the relevant details about their intended adoption leave. The letter also contains a prompt for the employee to complete and return to you a copy of form SC6. This is an essential legal declaration for an employee who is adopting jointly with his partner to confirm that he, not his partner, is the one taking adoption leave. You can also buy this notice as part of the Adoption and surrogacy toolkit .

Letter to employee confirming dates of return from maternity leave

This is a letter for you to send to an employee, confirming the dates of her return from maternity leave (either before the end of her statutory maternity period or earlier/later than originally indicated). This letter acknowledges receipt of your employee's notice of intention to return, and has variations depending on whether the staff member has given you the requisite eight weeks’ notice of her intention to return or not. You can also purchase this letter as part of the Pregnancy and maternity toolkit .
See all solutions