Leave and flexible working

Maternity leave confirmation letter

The employer's legally required reply to a maternity leave notification: confirms the start date and the date leave will end.

An employee has told you she is pregnant, her expected week of childbirth, and when she wants her leave to start. You must reply within 28 days with the date her leave will end. This letter does that, and covers pay, keeping in touch, and coming back.

Before it goes

  • You have the MAT B1 (or will), the expected week of childbirth and the intended start date, in writing.
  • You know whether she qualifies for Statutory Maternity Pay (26 weeks' continuous service by the 15th week before the expected week of childbirth, and earnings at or above the lower earnings limit) or needs form SMP1 for Maternity Allowance.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Your maternity leave Congratulations, and thank you for your letter of [NOTIFICATION DATE] telling us that your expected week of childbirth is the week beginning [EWC] and that you would like your maternity leave to start on [START DATE]. [Thank you also for the MAT B1 / Please let us have your MAT B1 certificate when your midwife or GP issues it, from the 20th week of pregnancy.] I am writing to confirm the details. Start of leave: [START DATE]. If your baby is born before that date, your leave will start automatically the day after the birth. If you are absent from work for a pregnancy-related reason in the four weeks before the expected week of childbirth, your leave will start automatically then. Please tell us as soon as possible if either happens. End of leave: you are entitled to 52 weeks' maternity leave (26 weeks' ordinary and 26 weeks' additional). If you take the full entitlement, your leave will end on [END DATE] and you would be due back at work on [RETURN DATE]. You do not have to take the full 52 weeks. If you wish to return earlier, you must give us at least eight weeks' notice of your new return date. You must take at least two weeks' leave after the birth. Pay: [You qualify for Statutory Maternity Pay, which is payable for 39 weeks: the first six weeks at 90% of your average weekly earnings, and the remaining 33 weeks at the statutory weekly rate, or 90% of your average weekly earnings if that is lower. / Based on your service and earnings you do not qualify for Statutory Maternity Pay; form SMP1 is enclosed so that you can claim Maternity Allowance from Jobcentre Plus.] [Details of the company's enhanced maternity pay are set out in the enclosed policy.] Your pay will be made on the usual pay dates. During your leave: your contract continues, and you continue to accrue holiday and benefits. You may work up to ten keeping in touch days by agreement, without ending your leave or losing SMP for that week. We will keep you informed of significant developments, including any vacancies or restructuring, and you are welcome to stay in touch as much as you wish. [NAME] will be your point of contact. Returning to work: after ordinary maternity leave you have the right to return to the same job. After additional maternity leave you have the right to return to the same job or, if that is not reasonably practicable, a suitable alternative on no less favourable terms. If you would like to discuss flexible working on your return, you can make a request at any time and we will consider it properly. Health and safety: we have reviewed the risk assessment for your role with your pregnancy in mind, and [ADJUSTMENTS, if any]. Please tell me if anything at work is causing you concern. You are entitled to paid time off for antenatal appointments. Please check the dates above and let me know if anything is incorrect. Best wishes for the months ahead. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

End date
Start date plus 52 weeks, less a day. This is the sentence the regulations require; get it right and send it within 28 days.
Pay paragraph
Delete the alternative that does not apply. State the SMP structure; do not quote the weekly rate, which changes every April, or point to gov.uk for the current figure.
Enhanced pay
Only if you offer it, and only what the policy says.

What the law says

  • Maternity and Parental Leave etc. Regulations 1999 reg.7: the employer must notify the employee of the date her leave will end within 28 days of her notice.
  • Maternity and Parental Leave etc. Regulations 1999: 26 weeks' ordinary and 26 weeks' additional maternity leave, available from day one; compulsory leave of two weeks after birth (four in a factory); up to ten keeping in touch days by agreement; eight weeks' notice to return early.
  • Social Security Contributions and Benefits Act 1992 Part XII: Statutory Maternity Pay for up to 39 weeks; rates change each April.
  • Equality Act 2010 s.18 and the Protection from Redundancy (Pregnancy and Family Leave) Act 2023: protection from pregnancy and maternity discrimination, and priority for suitable alternative vacancies in a redundancy during pregnancy and for 18 months after birth.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not miss the 28 days. It is one of the few HR letters with a statutory deadline.
  • Do not leave her out of anything while she is off: pay reviews, restructures, vacancies, the Christmas do. Out of sight is a discrimination claim.
  • Do not touch her role while she is on leave without a very good reason and advice.

Questions people ask

When does an employee have to tell me she is pregnant?

By the end of the 15th week before the expected week of childbirth, she must tell you that she is pregnant, the expected week of childbirth, and when she wants leave to start. She can change the start date with 28 days' notice. Your reply, with the end date, is due within 28 days.

What are keeping in touch days?

Up to ten days of work during maternity leave, by agreement on both sides, paid at a rate you agree, without bringing the leave or SMP to an end. Useful for training, team days and a gentle re-entry. Neither side can insist on them.

Can she take holiday before or after maternity leave?

Yes, and it is normal to add accrued holiday to either end. Holiday keeps accruing throughout the 52 weeks, so a full year's leave builds a full year's holiday. Agree how it will be used.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

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