Maternity Clauses in Employment Contracts
How maternity rights should be documented in employment contracts. Understand statutory and enhanced maternity provisions.
Maternity clauses should reference both statutory entitlements and any enhanced company provisions.
Statutory vs Enhanced Maternity
Statutory Entitlements (Apply Automatically)
All eligible employees receive:
- 52 weeks maternity leave (26 ordinary + 26 additional)
- SMP for 39 weeks (90% for 6 weeks, then flat rate)
- Right to return to same or similar job
- Protection from unfair treatment
Enhanced Provisions (Contractual)
Employers may offer:
- Extended full pay periods
- Longer paid leave
- Enhanced return to work provisions
- Additional benefits
Contract Clause Options
Basic Statutory Reference
"You are entitled to maternity leave and pay in accordance with statutory requirements. Details of current entitlements and procedures are set out in the Company's Maternity Policy."
Enhanced Maternity Pay Clause
"Subject to meeting eligibility requirements and complying with the Maternity Policy, you will receive enhanced maternity pay as follows:
- Weeks 1-12: Full salary (less SMP, which is offset)
- Weeks 13-26: Half salary plus SMP
- Weeks 27-39: SMP only
- Weeks 40-52: Unpaid"
Enhanced Leave Clause
"You may take up to 52 weeks' maternity leave. Company maternity pay is payable for [26] weeks, followed by statutory pay. The remaining period is unpaid unless you choose to use accrued annual leave."
Eligibility Conditions
Service Requirements
"To qualify for enhanced maternity pay, you must:
- Have [1 year's] continuous service by the expected week of childbirth
- Return to work for at least [3 months] after maternity leave
- Comply with notification requirements"
Notification Requirements
"You must notify the Company of your pregnancy and intended maternity leave start date by the 15th week before your expected week of childbirth, or as soon as reasonably practicable."
Return to Work
Basic Return Clause
"You have the right to return to the same job after ordinary maternity leave. After additional maternity leave, you have the right to return to the same job, or if not reasonably practicable, a suitable alternative on the same terms."
Return Service Condition
"If you receive enhanced maternity pay, you must return to work for at least [X months] following maternity leave. If you resign before completing this period, you may be required to repay the enhanced element (excluding SMP) on a pro-rated basis."
Repayment Clause
"If you do not return to work, or leave within [3] months of returning, you agree to repay the enhanced maternity pay received (excluding statutory maternity pay). The Company may deduct this from any sums owed to you."
Benefits During Maternity Leave
Continuation of Benefits
"All contractual benefits continue during maternity leave, except salary which is replaced by maternity pay. This includes:
- Pension contributions (based on actual pay)
- Private medical insurance
- Company car or car allowance
- Death in service cover"
Holiday Accrual
"Annual leave continues to accrue throughout maternity leave. You are encouraged to take accrued holiday before or after maternity leave. Alternatively, payment in lieu may be agreed."
Keeping in Touch Days
KIT Days Clause
"You may work up to 10 Keeping in Touch (KIT) days during maternity leave without affecting your SMP. KIT days are voluntary and must be agreed between you and your manager. Payment for KIT days will be [at your normal daily rate / agreed on a case-by-case basis]."
Related Family Leave
Shared Parental Leave
"If eligible, you may convert maternity leave and pay into shared parental leave to share with your partner. Details are in the Shared Parental Leave Policy."
Adoption Leave
"Adoption leave and pay provisions mirror maternity leave. Details are in the Company's Adoption Policy."
Paternity Leave
"Partners may be entitled to paternity leave and pay. Details are in the Company's Paternity Policy."
Protection from Discrimination
Non-Discrimination Clause
"The Company is committed to ensuring that pregnant employees and those on maternity leave are not treated less favourably. This includes protection during recruitment, performance management, redundancy selection, and decisions about pay and promotion."
Redundancy During Maternity
"If your role is made redundant during maternity leave, you have priority for suitable alternative vacancies. The Company will discuss any such situations with you."
Policy Reference
Incorporating the Policy
"The Company's Maternity Policy provides full details of entitlements and procedures. Key provisions of the policy are summarized in this contract, but the policy should be consulted for complete information. The policy does not form part of your contract."
Enhanced vs Contractual
| Provision | Nature | Can It Be Changed? |
|---|---|---|
| Statutory entitlements | Legal right | No |
| Enhanced pay in contract | Contractual | Only with consent |
| Enhanced pay in policy (non-contractual) | Discretionary | Yes, with notice |
| KIT day rate | Usually discretionary | Yes |
Tax Treatment
Maternity Pay Taxation
"Maternity pay (both SMP and enhanced) is subject to tax and National Insurance in the same way as normal salary."
Best Practice
For Employers
- Have clear written maternity policy
- Specify enhanced terms in contract if intended as contractual
- Use repayment clauses carefully (not too onerous)
- Continue benefits during leave
- Maintain contact appropriately
- Plan for return to work
For Employees
- Understand your entitlements
- Check if enhanced pay is contractual
- Consider repayment obligations
- Keep employer informed
- Plan holiday accrual
- Discuss KIT days if interested
Related answers
Employment Contract Requirements UK
What must be included in a UK employment contract? Learn the legal requirements for written statements of particulars and what happens if you get it wrong.
Maternity Leave Entitlement UK
All pregnant employees in the UK are entitled to 52 weeks of maternity leave, regardless of length of service. Learn your rights and your employer's obligations.
Frequently Asked Questions
- Do maternity rights need to be in the employment contract?
- Statutory maternity rights apply automatically regardless of what the contract says. However, contracts should reference the maternity policy and detail any enhanced provisions the employer offers.
- What is enhanced maternity pay?
- Enhanced maternity pay is any pay above the statutory minimum. Employers may offer full pay for a period, followed by statutory pay. Enhanced terms are contractual if specified in the contract.
- Can my employer change maternity benefits while I'm pregnant?
- Reducing maternity benefits during pregnancy could be pregnancy discrimination. Employers should not make changes that disadvantage pregnant employees or those on maternity leave.