Letter Notifying an Employer of Intended Maternity Leave

What is a letter notifying an employer of intended maternity leave?

A letter notifying the employer of their intended maternity leave is a formal letter an employee uses to inform an employer of their intention to take maternity leave. All employees have the right to maternity leave, and an employer cannot refuse an employee this right.

Is it mandatory to have a letter notifying an employer of intended maternity leave?

Yes, it is mandatory to send a letter notifying the employer of their intended maternity leave, because the employee has a duty to inform of their intention to take maternity leave.

What is maternity leave?

Maternity leave refers to a woman's right to take leave from work before and after childbirth.

 

What is the duration of maternity leave?

An employee can be entitled to up to 52 weeks of maternity leave. An employee must take at least 2 weeks of maternity leave after the birth of their child. If the employee is a factory worker, they must take at least 4 weeks of maternity leave after the birth of their child.

 

Who cannot benefit from maternity leave?

Maternity leave is a right available to employees. As such, an independent contracter (e.g. under a service agreement or a consultancy agreement) will not be able to make a request for maternity leave from their client.

What has to be done once a letter notifying an employer of intended maternity leave is ready?

The letter should be sent at least 15 weeks before the expected date of birth. Once an employer has received the letter they should respond within 28 days, confirming the start and end dates of the relevant maternity leave period. The letter may be sent to the employer's email or via post to the employer's address.

What documents should be attached to the letter notifying the employer of intended maternity leave?

The main document attached to the letter should be the MATB1 certificate, which serves as evidence of the employee's pregnancy.

What must a letter notifying and employer of intended maternity leave contain?

A letter notifying the employer of intended maternity leave must contain:

• The details of the employee and the employer;
• The expected due date of the employee's child; and
• When the employee intends to start their maternity leave.

Which laws are applicable to a letter notifying and employer of intended maternity leave?

Maternity leave is established and regulated by the Maternity and Parental Leave Regulations 1999, as amended.

Statutory maternity pay is established and regulated by sections 164-171 of the Social Security Contributions and Benefits Act 1992 and the Statutory Maternity Pay Regulations 1986 as amended.

Any maternity pay provided for within an employee's contract, or any further provisions concerning leave, will be a matter of contract and employment law.

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