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Maternity leave acknowledgement (not eligible for Maternity Pay) letter

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If an employee has notified you that they intend to take maternity leave, issue this model letter template as acknowledgement, and to inform them that they are not eligible for Maternity Pay.

Reading time
How long to understand and implement this letter?
10 mins
Word count
How many words in this letter?
362
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What is a Maternity leave acknowledgement (not eligible for Maternity Pay) letter?

The purpose of a Maternity Leave Acknowledgement letter for an employee who is not eligible for maternity pay is to confirm that the employee is entitled to take maternity leave, even though they will not be receiving statutory maternity pay.

The letter should outline the employee's entitlement to maternity leave, the duration of the leave, and the expected date of return. It should also provide information on any other benefits or support that may be available to the employee, such as maternity allowance, flexible working arrangements, or childcare vouchers.

The letter is an important document for both the employee and the employer, as it ensures that both parties are aware of their obligations and responsibilities during the maternity leave period. It also helps to clarify any confusion or misunderstandings that may arise, and can help to prevent disputes between the employee and employer in the future.

By providing a Maternity Leave Acknowledgement letter, the employer demonstrates their commitment to supporting the employee during their maternity leave and helps to maintain a positive working relationship with the employee.

Best practice timescale for this to be issued
When should this letter be issued?
The letter should be issued no later than 28 days after the employee notifies their employer of their pregnancy, in accordance with UK employment law. This letter confirms the employee's entitlement to maternity leave, the duration of the leave, and the expected date of return.
Issued by who, to whom
Who should issue this letter, and to whom?
The Employer (you) to the Employee
Applicable legal jurisdictions
In which jurisdictions can this letter be used?
Great Britain & NI (United Kingdom), Worldwide

What legislation and best practice guidelines have been taken into account in the development of this template?

United Kingdom

Here are some key points from UK employment legislation regarding implementing a Maternity Leave Acknowledgement letter for employees who are not eligible for maternity pay:

  • Employers must provide written confirmation to pregnant employees of their entitlement to take maternity leave within 28 days of the employee's request.

  • The employee must give their employer at least 15 weeks' notice before the expected week of childbirth in order to be eligible for maternity leave.

  • Employees who do not meet the eligibility criteria for statutory maternity pay (SMP) may still be entitled to maternity leave and may be eligible for other forms of financial support, such as maternity allowance.

  • Maternity allowance is a government benefit that is paid to pregnant women who do not qualify for SMP. To be eligible for maternity allowance, the employee must have been employed or self-employed for at least 26 weeks in the 66 weeks before the expected week of childbirth, and must have earned at least £30 a week on average during 13 of those weeks.

  • Employers must not discriminate against employees on the grounds of pregnancy or maternity, and must provide a safe and healthy working environment for pregnant employees.

  • Employees are entitled to return to the same job after their maternity leave, or to a suitable alternative job if their original job is no longer available.

  • Employers must provide employees with a written statement outlining their rights and entitlements to maternity leave and pay, even if the employee is not eligible for maternity pay.


Other territories

Consult your jurisdiction's employment legislation or labor laws to ensure compliance with the template. Review the language for local precision.

Maternity leave acknowledgement (not eligible for Maternity Pay) [Delete this line]

[Company name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

 

Acknowledgement of maternity leave

Congratulations and thank you for telling me about your pregnancy and the date that your baby is due. I am writing to you about your maternity leave and pay.

As we have discussed, you are eligible to take up to 52 weeks maternity leave (consisting of 26 weeks Ordinary Maternity Leave and 26 weeks Additional Maternity Leave). Given your chosen start date of [insert date], your maternity leave will end on [insert date].

If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner.

If you decide to return to work before [insert date leave ends], you must give me at least 8 weeks notice.

As we also discussed, you are not eligible for Statutory Maternity Pay (SMP). The form SMP1 (enclosed) explains why you do not qualify for Statutory Maternity Pay. You may, however, be entitled to Maternity Allowance. If you take this form to the Social Security office, Jobs and Benefits office, JobCentre or Incapacity Benefits Branch at [insert local details], they will be able to tell you more.

As your employer, I want to make sure that your health and safety as a pregnant woman are protected while you are working, and that you are not exposed to risk. I have already carried out an assessment to identify hazards in our workplace that could be a risk to any new, expectant, or breastfeeding mothers. Now you have told me you are pregnant I will arrange for a specific risk assessment of your job and we will discuss what actions to take if any problems are identified. If you have any further concerns following this assessment and specifically in relation to your pregnancy, please let me know immediately.

If you decide not to return to work you must still give me proper notice. Your decision will not affect your entitlement to SMP.

If you have any questions about any aspect of your maternity entitlement, please do not hesitate to get in touch with me. I wish you well.

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

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In which communication or process sequence does this template belong?

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Maternity leave acknowledgement (not eligible for Maternity Pay) letter template
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maternity leave acknowledgement (not eligible for maternity pay) letter