A maternity leave policy template is a structured document that defines how your organisation supports employees before, during, and after pregnancy-related leave — covering eligibility, notification, pay, health and safety, and the return-to-work process. Done well, it protects the employee’s rights, shields the employer from discrimination claims, and gives managers a clear playbook.
Maternity leave sits at the intersection of employment law, health and safety, and workplace culture. A gap in any of these areas creates legal exposure. This guide gives you a section-by-section template that covers the statutory requirements in major jurisdictions, explains the decisions you need to make, and provides a downloadable compliance checklist.
Key takeaways
- A complete maternity leave policy defines eligibility, notification timelines, leave duration, pay, health and safety measures, job protection, and return-to-work procedures.
- Statutory minimums vary significantly: UK offers 52 weeks, Australia offers 12 months, and the US guarantees only 12 weeks unpaid under FMLA (with some states providing more).
- Pay provisions should clearly separate statutory maternity pay from any enhanced company pay and specify when each begins and ends.
- Health and safety obligations include risk assessments for pregnant employees and adjustments to working conditions.
- The return-to-work process should include a keeping-in-touch framework and a structured return-to-work discussion.
Section 1: Purpose and scope
Template language:
This policy sets out [Company Name]’s approach to maternity leave. It applies to all employees who are pregnant or adopting and is designed to meet or exceed the requirements of [Applicable Act(s)]. Where local law provides greater entitlements, local law prevails.
Jurisdiction notes:
- UK: Employment Rights Act 1996 and Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 — 52 weeks (11 weeks ordinary, 39 weeks additional).
- Australia: Fair Work Act 2009, s.71–73 — up to 12 months unpaid leave, plus up to 12 months more by request. Paid Parental Leave (PPL) is a government payment.
- US: FMLA — 12 weeks unpaid for employers with 50+ employees. Some states (CA, NY, NJ, WA, etc.) provide paid family leave.
Section 2: Eligibility
Define who qualifies for maternity leave under your policy, ensuring you meet or exceed the statutory minimum.
Template language:
All employees who are pregnant and expecting a child are eligible for maternity leave, regardless of length of service. Where applicable law requires a minimum service period for certain entitlements, those entitlements are referenced separately.
Key decision: Some companies offer enhanced maternity pay that requires a minimum service period (e.g., 12 months). Ensure this does not conflict with statutory entitlements that apply from day one.
Section 3: Notification requirements
Employees need to know when and how to tell you about their pregnancy, and you need a clear process for confirming leave dates.
Template language:
Employees must notify their manager and HR of their pregnancy and expected week of childbirth by [X weeks] before the expected due date. The employee should provide:
- Expected week of childbirth
- Intended start date for maternity leave
- Intended return-to-work date
- Any workplace health and safety concerns related to the pregnancy
The employer will respond in writing within [X] working days, confirming the leave dates and any adjustments required.
UK-specific: The employee must give notice at least 15 weeks before the expected week of childbirth. The employer must respond within 28 days.
Section 4: Leave duration and structure
Break the leave into its statutory components so both the employee and the employer understand the structure.
Template language:
Maternity leave consists of:
- Ordinary maternity leave: [11] weeks before the expected week of childbirth through [X weeks] after birth
- Additional maternity leave: [39] weeks following the end of ordinary leave
The employee may start leave up to [11] weeks before the expected week of childbirth. If the employee is absent for a pregnancy-related reason in the 4 weeks before the expected week of childbirth, leave begins automatically on that date.
Section 5: Pay during maternity leave
This is the section employees read most carefully. Be precise.
Template language:
During maternity leave, employees receive:
- Statutory maternity pay (SMP) at [90% of average weekly earnings for the first 6 weeks, then £[X] or 90% of average weekly earnings (whichever is lower) for the remaining 33 weeks]
- Company-enhanced maternity pay at [100% of base salary for X weeks / X weeks at full pay, then X weeks at half pay]
Pay is paid on the normal payroll cycle. SMP is subject to tax and National Insurance deductions.
Key decision: Decide whether enhanced pay is inclusive of or additional to statutory pay. State this explicitly — ambiguity here is the source of the most common maternity leave grievances.
Section 6: Health and safety
Employers have a proactive duty to assess and mitigate risks to pregnant employees.
Template language:
Upon notification of pregnancy, HR will arrange a risk assessment of the employee’s working environment. Where risks are identified, the employer will make reasonable adjustments, including:
- Modifying duties or working hours
- Offering suitable alternative work
- Adjusting working conditions
If no safe arrangement can be made, the employee will be suspended on full pay for as long as necessary to protect their health and safety.
UK-specific: The Management of Health and Safety at Work Regulations 1999 requires the employer to conduct a specific risk assessment for pregnant workers and new mothers.
Section 7: Keeping in touch
Maintaining a connection during leave benefits both the employee and the organisation, but it must be voluntary and structured.
Template language:
Employees on maternity leave may, if they wish, maintain up to [10] Keeping in Touch (KIT) days during the leave period. KIT days are optional and must be agreed by both the employee and the employer. KIT days are paid at the employee’s normal daily rate and do not affect the leave period. The employee is not required to agree to KIT days, and refusal will not affect their employment or leave entitlements.
Section 8: Job protection
Employees returning from maternity leave are entitled to return to their previous role or a suitable alternative.
Template language:
Employees returning from maternity leave have the right to return to the same role they held before leave, on the same terms and conditions. Where the role is no longer available (genuine redundancy), the employee must be offered any suitable alternative role in preference to other employees. Failure to comply with this provision constitutes automatic unfair dismissal and sex discrimination.
UK-specific: Under s.99 Employment Rights Act 1996, dismissal or detriment for pregnancy-related reasons is automatically unfair with no qualifying service period.
Section 9: Return to work
Define the process for a smooth, structured return.
Template language:
Employees returning from maternity leave will attend a return-to-work discussion with their line manager within [5] working days of their return. The discussion will cover:
- Any changes to the role, team, or working arrangements during the leave
- Ongoing support needs (e.g., flexible working, phased return)
- Keeping in touch expectations going forward
Employees may request a phased return by working [X]% of hours for the first [X] weeks, subject to management approval.
Section 10: Flexible working and breastfeeding
Address the intersection of maternity return with flexible working rights and workplace breastfeeding provisions.
Template language:
Employees returning from maternity leave may submit a flexible working request under [Applicable Act]. Requests will be considered in accordance with the company’s Flexible Working Policy.
The employer will provide a suitable space and time for breastfeeding or expressing milk during working hours, in compliance with [health and safety legislation].
Downloadable maternity leave policy checklist
- Purpose and scope statement with statutory references
- Eligibility criteria that meet or exceed statutory minimums
- Notification process with specific timelines
- Leave duration broken into statutory components
- Pay provisions with enhanced and statutory rates clearly separated
- Health and safety risk assessment process documented
- Keeping in touch days framework with voluntary provisions
- Job protection and redundancy preference provisions
- Return-to-work discussion process defined
- Flexible working and breastfeeding provisions included
- Policy owner and annual review cadence established
Leave Balance tracks maternity leave start and end dates, calculates pay entitlements across statutory and enhanced provisions, and manages keeping-in-touch days — so nothing falls through the cracks during the most important leave period an employee will take.
Frequently asked questions
How long is maternity leave in the UK?
UK employees are entitled to 52 weeks of maternity leave: 11 weeks of ordinary maternity leave followed by 39 weeks of additional maternity leave. Statutory maternity pay is available for 39 weeks.
Can an employee take maternity leave and then resign?
Yes. There is no obligation for an employee to return to work after maternity leave. However, if the employee resigns during the notice period, they may be required to repay enhanced maternity pay depending on the policy terms. Check that any clawback provisions are legally compliant.
What happens to pension contributions during maternity leave?
In the UK, employer pension contributions continue during Ordinary Maternity Leave. During Additional Maternity Leave, contributions continue only if the employee is receiving enhanced maternity pay or opts to make contributions themselves.
Can an employer refuse a return to the same role?
Only in genuine redundancy situations where the role no longer exists. Even then, the employer must offer a suitable alternative role, and the employee on maternity leave has priority over other redundant employees for any available role.
Does maternity leave affect annual leave accrual?
Yes. Annual leave continues to accrue during maternity leave. Employees on maternity leave should be encouraged to take accrued annual leave either before returning to work or after the end of the maternity leave period.
This article is general information, not legal advice. Consult qualified employment counsel for jurisdiction-specific guidance.