Giving notice of intention to take statutory maternity leave

[ch 9: pages 326-327]

The employer must be told of the intention to take statutory maternity leave at least 15 weeks before the start of the week in which the baby is due, or if this is not possible, as soon as possible. Specifically, the employer must be told:

• that the employee is pregnant;

• when the baby is due; and

• when the mother wants her maternity leave to start. This date can be changed later, as long as 28 days’ notice is given. Shorter notice can be given if 28 days turns out not to be “reasonably practicable”.

The employer can request a copy of a GP or midwife’s confirmation of the pregnancy. If the employee will be claiming statutory maternity pay (SMP), the employer can request a MATB1 maternity certificate, which gives the due date of birth. A GP cannot provide this form until 21 weeks into the pregnancy.

The employer should respond within 28 days, confirming the date the leave will end. That date will always fall 52 weeks after the notified start date. If the employee changes the start date, the employer should respond with a new notice confirming the revised end date.