Maternity, paternity, adoption or shared parental leave and pay

This guide is for employers. 

This guide covers your duties to employees in relation to maternity, paternity, adoption or shared parental leave and pay.

Unless otherwise specified, we refer to maternity, paternity, adoption or shared parental leave as ‘leave’ throughout.

Miscarriage, stillbirth and the death of a baby

• Your employee is legally entitled to maternity leave and pay if the baby is stillborn after the end of 24 weeks of pregnancy, or if the baby is born alive (at any stage of the pregnancy) and subsequently dies. 
• Your employee is legally entitled to sick leave and/or annual leave if a miscarriage occurs before the end of 24 weeks of pregnancy.

Surrogacy

If an employee is having a child through surrogacy, they may be entitled to statutory maternity leave and pay. You can read the Acas guidance on leave and pay when you have a child through surrogacy for more information.

Leave

• Pregnant employees can choose to take up to 52 weeks' maternity leave. The leave entitlement of adoptive parents is the same as that for parents taking maternity leave.
• The earliest an employee can start maternity leave is 11 weeks before the expected week of childbirth.
• You must ensure that an employee takes two weeks off work after giving birth, or four weeks if they work in a factory. These periods are known as compulsory maternity leave.
• An employee can opt to bring maternity and adoption leave to an end and take shared parental leave instead.
• Adoption leave entitlement is the same as maternity leave. An employee can choose to start their adoption leave on the date the child is placed with them, or up to 14 days before the date the child is expected to be placed with them.
• You must offer training, promotion and development opportunities to employees on leave.
• You must maintain your employee’s normal contractual terms and conditions, except their normal salary or wages. An employer must pay a qualifying employee statutory pay and can choose to pay full contractual pay.
• You must pay employer’s pension contribution based upon your employee’s normal contractual rate of pay.   
• Employees who meet the qualifying conditions and give you the correct notice have a legal right to take paternity leave for up to two weeks.

Keeping in touch (KIT) days

You can agree for your employee to work up to ten 'keeping in touch' (KIT) days during their leave (20 days for shared parental leave), without bringing leave or pay to an end.

Pay

• You must pay statutory maternity and adoption pay for up to 39 weeks once an employee has qualified for it. It is paid at 90% of average earnings for the first six weeks. The remaining 33 weeks are paid at the current statutory rate.  
• You must pay statutory paternity pay (to employees and other workers who qualify) for up to two weeks at the current statutory rate or 90% of their average earnings, if that is less than the current statutory rate.
• An employee can choose to receive shared parental leave pay instead of statutory maternity pay.
• You must ask your employee to provide a copy of a maternity certificate (form MAT B1) for statutory maternity pay. Your employee can get this from their doctor or a midwife when they are 20 weeks pregnant.

Redundancy during leave

Maternity leave

There are three types of maternity leave:

• Compulsory maternity leave: two weeks immediately after the birth, or four weeks for those working in a factory. All employees entitled to maternity leave must take this period off work. You must ensure that your employee does not work during this period.
• Ordinary maternity leave: the first 26 weeks of leave, including the compulsory maternity leave period.
• Additional maternity leave: a further 26 weeks of leave.

It is up to your employee to choose when leave starts. The earliest an employee can start leave is 11 weeks before the expected week of childbirth. The expected week of childbirth starts on the Sunday of the week the baby is due. 

The start of an employee’s maternity leave will be triggered automatically if the employee’s child is born prematurely. It will also be triggered automatically where an employee is absent for a pregnancy-related reason during the four weeks before the expected week of childbirth, unless you agree otherwise.

All pregnant employees are entitled to 52 weeks’ maternity leave. An employee will continue to build up annual leave during their maternity leave. If you agree, an employee can add annual leave to the end of their maternity leave.

Adoption leave

To qualify for adoption leave, the employee must be matched with a child for adoption by an approved adoption agency. If a couple is adopting, only one of the couple is legally entitled to take adoption leave and pay. The other member of the couple (including same sex couples) may be entitled to paternity leave and pay if they meet the qualifying conditions.

The leave entitlement and your end of leave obligations to adoptive parents are the same as those to parents taking maternity leave. Adoption leave is made up of:

• Ordinary adoption leave - which is the first 26 weeks of leave
• Additional adoption leave - which is the second 26 weeks of leave. 

An employee who has taken ordinary adoption leave is legally entitled to additional adoption leave if:

• the child was placed with them for adoption
• they have already taken ordinary adoption leave,
• their ordinary adoption leave did not end prematurely, either because they were dismissed or because the placement did not take place.

The employee must inform you of the date they would like to start their leave, and when the child is expected to be placed with them, in writing if you ask them to. The employee can choose to start their leave on the date the child is placed with them, or up to 14 days before the date the child is expected to be placed with them.

Once they have told you they wish to take adoption leave, you must reply to the employee within 28 days, confirming the date that their leave will end. It is advisable to assume that the employee will take the full leave entitlement. The employee can vary the start of leave provided they give you at least 28 days' notice, or give notice as soon as they are able to.

Adoption placements do not always take place on the expected date and can sometimes happen with very little notice. It is good practice to allow some flexibility and have a contingency plan. If the placement starts when the employee is at work, adoption leave and pay will start the following day.

If the adoption placement comes to an end or the child dies, the employee is entitled to take the full amount of their adoption leave.

End of maternity or adoption leave

An employee does not need to give notice if they are returning to work at the end of the 52-week maternity or adoption leave period. You should have confirmed this date with them in writing in advance. The employee must give at least eight weeks’ notice if they intend to return to work any earlier than the end of the 52-week maternity or adoption leave period. If an employee does not give at least eight weeks’ notice, you can postpone their return to work until the eight weeks’ notice has elapsed.

If you did not write to your employee prior to maternity or adoption leave to let them know the relevant date, you cannot postpone the employee’s return to work.

Paternity leave

Paternity leave can be taken by:

• the biological father
• the mother’s husband, partner or civil partner, or
• adoptive parents.

​​​​​They must have, or expect to have, responsibility for the child’s upbringing.

To qualify for paternity leave, the employee must have worked for you for at least 26 weeks by the end of the 15th week before the expected week of childbirth. They must still be employed by you immediately before the birth. 

Paternity leave is a maximum of two weeks’ leave following the birth of a child, or the adoption of a child. It can be taken as two separate weeks or two consecutive weeks and cannot be taken as odd days, unless you agree.

Paternity leave can be taken any time within 52 weeks of the adoption, the birth of the baby or the date the baby was due if birth was earlier than expected.

An employee has the right to start paternity leave from:

• the date the child is born
• a specified number of days after the date the child is born, or
• a specified date after the beginning of the expected week of childbirth.

If adopting, an employee has the right to start paternity leave from:

• the date of placement, or
• an agreed number of days after the date of placement.

Employees who are adopting and taking paternity leave should give notice to you within seven days of the match being made, or if the adoption is overseas, within 28 days of the child entering the UK.

For non-adoptive parents, if the employee has chosen to start paternity leave on the day the child is born, and they are at work that day, the paternity leave will begin on the day after the birth.

If the employee has chosen to start paternity leave on a specified day after the beginning of the expected week of childbirth and the baby has not yet been born, the employee must give notice to change the start of paternity leave. They should do this as soon as reasonably practicable. They must state a new date or choose to start paternity leave on the day the child is born, or a specified date after the birth.

The employee must give you notice to take paternity leave no later than four weeks before the expected week of childbirth. The employee must let you know (in writing if you request):

• the date the baby is due
• whether they wish to take one or two weeks’ paternity leave
• the date they wish to start their leave.

The employee must let you know the actual date of the child’s birth as soon as reasonably practicable. You can ask for this in writing if you wish.

For detailed information on paternity leave regarding adoption and surrogacy, read the UK government's adoption and surrogacy guidance.

An employee is legally entitled to their normal contractual terms and conditions during paternity leave,  except their normal salary or wages. An employer must pay a qualifying employee statutory paternity pay and can choose to pay full contractual pay. An employee has the legal right to return to exactly the same job, with the same terms and conditions, after paternity leave.

Employees must not be treated less favourably, dismissed or selected for redundancy for a reason relating to paternity leave.

Shared parental leave  

If an employee wishes to return to work early or shorten maternity leave and/or pay, they may be entitled to shared parental leave with the father, partner or adoptive parent. Shared parental leave must be taken within the first year of the baby’s birth, or the child's placement with their family. Fathers, partners, adoptive parents or parents using a surrogate who qualify for paternity leave must take it before shared parental leave, or they lose their entitlement to paternity leave.

The maximum number of weeks of shared parental leave and pay available for parents (including in relation to adoption and surrogacy) to share between them is 50 weeks of leave and 37 weeks of pay. For non-adoptive parents, the mother must take at least two weeks’ compulsory maternity leave, or four weeks if she is a factory worker.

Each parent will also be entitled to 20 shared parental leave in touch (SPLIT) days. This will enable them to work up to 20 days, per employer, either continuously or on odd days, without bringing shared parental leave or shared parental pay to an end.

If both parents qualify for shared parental leave, they can take shared parental leave together or separately. If only one parent qualifies for shared parental leave, that parent can use it to take the leave in separate blocks. Shared parental leave can be taken in one block, up to three separate blocks or, if you agree, in more than three discontinuous blocks. For example, your employee could take alternate weeks off work.

Both parents must share responsibility for the child from the birth date (for birth parents and parents using a surrogate), or the date of the child’s placement (for adoptive parents).

To qualify for shared parental leave, an employee must meet the continuity of employment test:

• They must have been continuously employed by the same employer for at least 26 weeks up to the end of the qualifying week (the 15th week before the expected week of childbirth, including for surrogacy) or if adopting, by the end of the week the employee is matched with a child.
• The employee must still be employed by the same employer in the week before the start of shared parental leave.

The employee’s partner must meet the employment and earnings test:

• The other parent must have been employed or self-employed for at least 26 weeks in the period of 66 weeks leading up to the expected week of childbirth, or if adopting, the week the employee is placed with a child.
• They must have earned at least £390 in 13 of those 66 weeks, including for adoption and surrogacy.

Agency, casual and zero hours workers who are entitled to statutory maternity pay or statutory paternity pay are not eligible for shared parental leave, but they are entitled to shared parental pay. If they have an employed partner, the partner might also be eligible for shared parental leave.

It is the employee’s responsibility to check their eligibility for shared parental leave and / or shared parental pay, and to give you notice.

For more information on shared parental leave or pay, read the UK government’s guidance on shared parental leave.

Parental leave

If you agree, it is possible for an employee to add unpaid parental leave to the end of their maternity leave. Refusal to allow an employee to take parental leave at the end of their maternity leave may be discrimination. This is only the case if the reason for refusal is because of previous maternity leave, or because of a protected characteristic. It would not be discriminatory to refuse an employee parental leave straight after maternity leave if there are genuine business reasons.

Terms and conditions during leave

An employee’s terms and conditions of employment continue as if they are still at work, except their normal salary or wages. An employer must pay a qualifying employee statutory pay and can choose to pay full contractual pay throughout the leave.

For example, an employee continues to benefit from the following types of contractual terms and conditions while on leave:

• share schemes
• health insurance
• childcare vouchers
• gym membership
• the right to use a company car or mobile phone, unless these are provided for business use only
• the reimbursement of professional subscriptions.

The time spent on leave will count towards an employee’s period of continuous employment when you are assessing statutory employment rights, seniority, pension rights and other personal length-of-service payments, such as pay increments, under the contract of employment.

Annual leave

An employee's entitlement to annual leave accrues during maternity, paternity, adoption and shared parental leave. An employee must be allowed to carry over any unused part of their statutory leave entitlement, including bank holidays.

Employees must not be treated unfairly or have requests to take annual leave unreasonably refused because they are going to take, or have taken, maternity, adoption, paternity, shared parental leave, parental bereavement leave or parental leave.

For further guidance, read the Acas guidance on taking maternity leave and holiday and maternity leave.

For detailed guidance on maternity leave, read the UK’s government maternity leave and pay guidance.

Miscarriage

An employee who has a miscarriage does not have the right to maternity leave or pay, but is legally entitled to take sick leave and annual leave in the normal way.

Any sick leave taken by an employee that is related to the pregnancy or miscarriage must be recorded by an employer separately from any other type of sick leave. It must not be used to the detriment of the employee – for example, in any redundancy or disciplinary situations.

Stillbirth

A baby is stillborn if it is not born alive after the end of the 24th week of pregnancy. An employee whose baby is stillborn is legally entitled to take up to 52 weeks’ maternity leave. They are entitled to protection from pregnancy and maternity discrimination in the same way as if they had a live birth.

An employee whose baby is stillborn will also be legally entitled to statutory maternity pay, if the qualifying conditions are met. To claim statutory maternity pay, the employee must provide the employer with medical evidence of the expected week of childbirth. This is usually the MAT B1 maternity certificate. They must also provide evidence of the date the baby was stillborn.

If the baby is stillborn before the employee starts maternity leave, the employee must notify their employer (as soon as it is practical to do so) of the stillbirth, and the date it happened. If you request it, this must be in writing.

Notice for statutory maternity pay must be given within 21 days of the stillbirth, or as soon as it is practical to do so. Statutory maternity pay will start on the day following the date of the stillbirth. Maternity leave will start on the day after the date of stillbirth.

On returning to work after maternity leave following a stillbirth, the employee is legally entitled to the health and safety protection that applies to all employees who have just given birth.

Paternity leave and pay is also available to the husband or partner where a baby is stillborn.

The death of a baby

If an employee’s baby is born alive at any stage of the pregnancy but dies afterwards, the employee is legally entitled to take up to a year’s maternity leave as normal or shared parental leave in some circumstances. They will be entitled to statutory maternity pay, if the qualifying conditions are met.

Child Bereavement UK is an organisation that offers employers further information on how to support colleagues following the death of a baby.

An employee whose baby is born prematurely is legally entitled to maternity leave and any statutory maternity pay or shared parental leave, if the qualifying conditions are met.

Maternity leave will start on the day after the birth, even if this is before the 11th week before the expected week of childbirth.

If the baby is born before the employee starts maternity leave or statutory maternity pay, the employee must notify you (as soon as it is practical to do so) of the birth, and the date of the birth. If you request it, this must be in writing.

If the employee has already given notice for statutory maternity pay to start, but the baby is born early, the employee must also notify you of the date the absence began. If you request it, this must be in writing.

Statutory maternity pay 

You must pay statutory maternity pay to all employees who qualify. To qualify for statutory maternity pay, an employee must:

• Have at least 26 weeks’ continuous service with you by the end of the qualifying week. The ‘qualifying week’ is the 15th week before the expected week of childbirth.
• Be employed by you in all or part of the qualifying week.
• Have average earnings before tax at or above the applicable statutory threshold in the eight weeks (if paid weekly) or two months (if paid monthly) before the end of the 15th week before the expected week of childbirth.

Continuous service includes any week in which the employee has a contract of employment with you. It will include time when an employee is on sick leave, annual leave or taking unpaid leave.

An employee who does not qualify for statutory maternity pay may be able to claim maternity allowance or employment and support allowance from the Jobcentre Plus.

To claim statutory maternity pay, the employee must give you their maternity certificate (form MAT B1). This is usually provided by a midwife or doctor at around the 20th week of pregnancy. You cannot pay statutory maternity pay until the MAT B1 maternity certificate has been received. You must keep a copy of the MAT B1.

Your employee must give at least 28 days’ notice of the date they wish statutory maternity pay to start. Once notice has been received, you must write to the employee within 28 days stating the date on which the maternity leave is expected to end.

If an employee wishes to change the start of their maternity leave, they must give you at least 28 days’ notice before the new date or the old date, whichever is earliest.

If there is a good reason for not giving 28 days’ notice, they must give notice as soon as possible.

Statutory maternity pay is paid for 39 weeks. It is paid by you and reimbursed by HM Revenue and Customs (HMRC). For more information on reimbursements, read the UK government’s guidance: Get financial help with statutory pay. Statutory maternity pay is paid at 90% of average earnings for the first six weeks. The remaining 33 weeks are paid at the current statutory rate.

It is payable by you for 39 weeks even if the employee:

• subsequently resigns
• is dismissed or made redundant
• will not be returning to work from maternity or adoption leave.

If your employee takes the full 52 weeks’ maternity leave, the last 13 weeks are unpaid unless you offer enhanced maternity pay.

Good practice: Enhanced (‘contractual’) maternity, adoption and shared parental pay

It is good practice to consider whether you can offer enhanced (‘contractual’) maternity pay. This is pay that is over and above the statutory minimum. For example, you might offer maternity pay at full or half pay for some or all of the leave period. Any contractual pay can top up the statutory maternity pay that is reclaimed from HMRC.

You can ask for any contractual maternity pay over and above the statutory maternity pay element to be repaid, if the employee does not return to work for a reasonable period. In these circumstances it is possible to recover a contractual payment from an employee’s wages (while they are employed by you) or via a repayment plan (once they have left your employment). However, to give you legal power to do this you need to ensure that the exact terms of repayment have been agreed in writing before the leave has been taken. These should also be included in your maternity policy. You should ensure that any monies deducted from wages are at a reasonable level. It is good practice to allow an employee to repay any contractual maternity pay in small instalments. An employee is ‘back at work’ once the maternity leave period has ended, even if they are taking sick leave, annual leave, unpaid leave or working reduced working hours.

It is also good practice to consider whether you can offer contractual adoption and shared parental pay over and above the statutory minimum. Any contractual pay can top up the statutory adoption pay or shared parental pay that is reclaimed from HMRC. 

Statutory adoption pay

The employee can give notice for statutory adoption pay at the same time as for leave, or at least 28 days before they want statutory adoption pay to start, or as soon as it is reasonably possible after that. If the employee has decided that their pay should begin on the date the child is placed for adoption, they must inform you of the actual date of placement as soon as possible.

If your employee’s job ends within 14 days before the expected date of placement, their statutory adoption pay will begin 14 days before the expected date of placement, or the day after the employee’s last day at work.

If an employee does not qualify for statutory adoption pay, you must complete the statutory adoption pay: non-payment explanation (SAP1) form. You must explain why the employee is not legally entitled to statutory adoption pay and give the completed form to your employee, together with their Matching Certificate. The employee may be able to get help from the adoption agency or claim income support or tax credits, depending on their family income.

For detailed guidance on statutory adoption pay eligibility requirements, read the UK government’s adoption leave and pay guidance.

Statutory paternity pay

Statutory paternity pay is paid for up to two weeks to fathers or partners who qualify. Statutory paternity pay is paid at a flat rate set by the government. This rises on 6 April every year. You may claim reimbursement of the full statutory paternity pay from HMRC. For detailed information on HMRC reimbursement, read the UK government’s statutory paternity pay and leave: employer guide.

To qualify for statutory paternity pay, an employee must have been employed by you for at least 26 weeks by the end of the 15th week before the expected week of childbirth. They must still be employed by you immediately before the birth. If the employee is still employed by you up to the birth, and earns the specified statutory rate during the calculation period, they will qualify for statutory paternity pay.

Employees must provide a signed declaration to receive statutory paternity pay. Notice for statutory paternity pay can be given at the same time as for paternity leave, or at least 28 days before, or as soon as it is possible to do so.

To calculate an employee’s statutory paternity pay, you can use the UK government's paternity calculator for employers.

An employee who qualifies for statutory paternity pay will also qualify for statutory shared parental pay. This can be taken immediately after a period of statutory paternity pay, or up to the child’s first birthday.

Shared parental pay

Shared parental pay is paid to employees who qualify at the current statutory rate or 90% of average earnings if that is less. It is paid in the same way as other statutory payments, for example, statutory maternity pay or statutory paternity pay.

Obligations while providing statutory pay

You must not treat an employee unfavourably because you have to pay them statutory pay. 

You must continue paying towards the employee’s pension during the paid part of leave at least.

You must give a pay rise to employees on leave if they would have received a pay rise had they have been working. Pay rises should be incorporated into any statutory or contractual pay which is related to earnings.

For help with calculating entitlement to statutory maternity pay or statutory shared parental pay, contact HMRC on 0300 200 3200. You can also use the UK government calculators for maternity pay and read the shared parental leave and pay: employer guide.

Talk to your employee and their colleagues to discuss the best arrangements for covering an employee’s absence on leave.

You should take care that cover arrangements do not create resentment if colleagues end up with an increased workload. This can affect working relationships and have a negative effect on work and morale.

Statutory sick pay is not provided to employees while on maternity, paternity, adoption or shared parental leave. For information on paying statutory sick pay, read the HMRC guidance for statutory pay.

You and your employee can agree to up to 10 keeping in touch (KIT) days during maternity or adoption leave. KIT days can be helpful in maintaining contact between you and an employee on leave, so that they feel involved with developments in the workplace and are not disadvantaged by their absence. Taking KIT days does not bring their leave to an end, and they will not lose statutory maternity pay or statutory adoption pay. 

You are not legally required to offer an employee KIT days. You can ask an employee to work but cannot require an employee on leave to work. Neither you nor your employee may insist that they work KIT days if the other party does not agree.

You must not treat them unfavourably if they do not want to work. An employee must not ‘suffer a detriment’ (a legal term which means they must not be penalised or treated less favourably) or be dismissed for refusing to work KIT days.

You may need to take steps to support for employees who have been on leave if they might be disadvantaged by their absence. For example, an employee on leave might have missed out on developments at work, such as training. You must offer training to an employee on leave if it is available to other employees, particularly if the employee would be disadvantaged by being excluded from training. An employee does not have to attend training during leave if they choose not to. If they do not attend, it would be good practice to provide the training to them as soon as possible after their return from maternity, paternity, adoption or shared parental leave. That way, they will not be disadvantaged.

You must consider an employee for promotion if they are on maternity, paternity, adoption or shared parental leave. Failure to do so would be an unlawful detriment and / or maternity discrimination. In the event an employee cannot attend an interview because they have just given birth, you may need to adjust the interview date if it is planned to be near the time of the birth. An employee should not be disadvantaged because of being on leave, though this does not mean you have to wait until the end of their leave to have the interview. It is good practice to discuss the timing with your employee.

If you are reorganising and / or need to make employees redundant, and the staff affected include someone who is on maternity, adoption or shared parental leave, you need to:

• check the redundancy is genuine and necessary
• ensure you consult and keep in touch
• establish non-discriminatory selection criteria, and
• consider alternative work.

You must ensure that the redundancy is for a genuine reason, is necessary now and is not caused by the pregnancy or maternity leave itself. A reason could be the closure of the business or employee’s workplace, or because of a reduced need for a particular type of work. You may find during maternity leave that you can manage without redistributing or reorganising the work. This is not a valid reason for redundancy.

You should consult at-risk employees who are on maternity leave (or off work with pregnancy-related sickness) about proposed redundancies, giving as much warning as possible. This includes employees on fixed-term contracts. It is likely to be discrimination if you do not consult an at-risk employee, as this makes the process unfair. This is the case even if you have a genuine concern about disturbing an employee during leave or pregnancy-related sickness absence.

The selection criteria you use must not disadvantage employees because of sex, pregnancy or maternity, adoption or shared parental leave. For example, it may be discriminatory to use criteria based upon an employee's performance during a period when they were away on maternity leave. In these circumstances it may be appropriate to adjust the criteria for the employee so they relate to their performance over a period when they were not on leave.

If you have an alternative job that you can offer to employees at risk of redundancy, an employee who is pregnant, on maternity, adoption or shared parental leave who has been selected for redundancy must be offered a suitable vacancy before any other employee. Employees who are on maternity, adoption or who have taken at least 6 weeks shared parental leave will be entitled to this preferential treatment when they return to work for a period lasting 18 months from the date of birth or adoption. If you do not offer a suitable alternative vacancy in these circumstances, any subsequent redundancy dismissal may be automatically unfair. The alternative job must be suitable and appropriate for the employee in the circumstances. It must be no worse than the previous job with regard to location, the employee’s qualifications for the job, terms and conditions and status.

The employee does not have to attend interviews or selection procedures for the vacant post. This special protection is necessary because the employee may be disadvantaged in a competitive process due to their circumstances. They may be about to give birth, may have a young baby to look after or may have been absent from the workplace for some time. If you do not offer an employee on maternity, adoption or shared parental leave a suitable alternative job because they cannot start the job immediately, this would be an unlawful detriment and / or maternity discrimination.

If there is no suitable alternative vacancy, an employee can be made redundant during statutory maternity leave provided the reason for redundancy is unconnected to pregnancy or maternity, adoption or shared parental leave. You must ensure that you have followed a fair redundancy process.

If you are canvassing for volunteers for redundancy prior to a formal process you must include an employee on maternity, adoption or shared parental leave in these discussions, although you should not seek to exert any influence over their decision.  

If you make an employee redundant during maternity, adoption or shared parental leave, you must pay them a redundancy payment if they are entitled to this at the date of termination. You must also pay them for any annual leave they have built up to the end of their employment contract.

An employee who has qualified for statutory maternity pay or statutory adoption pay must continue to receive this for the full 39-week period, even if their employment is terminated during this period.

When you are assessing their length of service to work out their statutory redundancy payment, you must include any time they spent on maternity, paternity, adoption or shared parental leave as continuous service.

You must not dismiss an employee or treat them less favourably for a reason related to maternity, adoption, paternity or shared parental leave. An employee is protected from dismissal and detriment from day one of employment.

If an employee complains about being treated unfavourably because of maternity, adoption or shared parental leave, or considers resigning, it would be good practice to listen to their concerns. You should explain the situation from your point of view and answer any questions they might have.

An employee can write to you and ask questions about how they have been treated. Although you are not legally obliged to respond, it is best to do so. If your employee brings a claim to a tribunal arguing that they have experienced unlawful discrimination, the tribunal may look at whether and how you have answered relevant questions and take this into account when making its decision.

For information on how to deal with grievance, you can read the Acas guidance on this topic.

If an employee does not want to return to work after leave, they must resign, giving notice in the normal way. 

They are able to serve their notice while on leave, as required by their contract. This does not apply if they can show they resigned because your behaviour was a serious breach of their contract, such as discriminatory treatment. If they resign in these circumstances, and claim constructive dismissal, they can resign either with notice or without giving notice. Having resigned, an employee is entitled to be paid for any annual leave they have built up to the date of resignation.

You have the legal right to make reasonable contact with an employee during leave to discuss the employee’s return to work. You can encourage an employee on leave to make any request for flexible work at least three months before their return to work, wherever possible. This will give you time to consider their request by the time they are due to return to work.

Before an employee returns to work, it is good practice to conduct a risk assessment and check if any actions are required to facilitate their return. It is also good practice to ask an employee before they return to work if they are breastfeeding. You should then take the appropriate steps to make the job safe before the return to work.

It is good practice to consider how to update the employee on changes that have happened during their leave, and to ask about any training needs.