Confirm Maternity Leave and SMP entitlement - for employers

Pregnant employees need to tell their employer they are pregnant and also provide them with a form MATB1 certificate confirming they are pregnant and when they expect to have their baby (i.e. expected week of childbirth).

Within 28 days of receipt of a form MATB1 employers need to confirm entitlement to maternity leave and eligibility for Statutory Maternity Pay (SMP).

Entitlement:  Maternity Leave & SMP payments

Use this letter if your employee has:

• 41 weeks employment when they give birth (i.e. 26 weeks continuous employment at the 15th week prior to childbirth); and
• earns above AWE rate (£95 per week, 6 April 2009; £97 per week, 4 April 2010).
  

All pregnant employees are entitled to 52 weeks maternity leave. However, only those employees earn above the average weekly earning rate (AWE) and who satisfy employment and pay conditions are eligible to receive SMP as well.

This letter confirms an employees entitlement to 52 weeks maternity leave and SMP, as well as confirming and explaining:

• Ordinary Maternity Leave (26 weeks OML).
• Additional Maternity Leave (26 weeks AML).
• statutory maternity pay (SMP) eligibility.
• last date by which an employee needs to return to work after the birth.
• legal notice period required when returning to work.
• entitlement to pay and benefits during maternity leave.
• returning to work in the same or a similar role.
• rights to return to work at the end of maternity leave.
• KIT, training and work work days (up to a maxium 10 days).

This letter also includes employer notes on UK Maternity rights, and takes account of recent maternity regulation changes in relation to keeping in touch with employees, attending work and training days (without affecting SMP or leave), extended maternity leave, contractual benefits during AML, notice of early return and important maternity dates.