Guidance for employers

All pregnant employees are entitled to 52 weeks of Statutory Maternity Leave (SML) irrespective of the length of time they have worked for you, how many hours they work or how much you pay them. This is made up of:

• 26 weeks of ordinary maternity leave (OML)
• 26 weeks of additional maternity leave (AML)

Fathers are entitled to shared paternity leave.

For your employee to qualify for maternity leave they must provide you with the following information:

• A copy of their maternity certificate (MATB1) that they receive after their 20-week scan.
• A due date.
• A proposed maternity leave start date (this may vary over time as the pregnancy changes).
• Whether they will be claiming Statutory Maternity Pay (SMP).

You must write to your employee within 28 days confirming start and end dates of maternity leave.

Pregnant mothers are able to take maternity leave within 11 weeks of the expected due date and you should allow the date to be changed as the pregnancy progresses.

If an employee wishes to change their maternity leave start date, then they should notify you in writing 28 days prior to the date.

Each time your employee notifies you of a change of start date you must also re calculate and confirm the end date in writing.

You must allow maternity leave to start earlier without notice if your employee has pregnancy related illness in the 4 weeks prior to their due date or if their baby is born prematurely. In such circumstances you should ask that your employee notifies you as soon as they are able to.

Your employees do not have to take their full entitlement of maternity leave, however by law, they must take a compulsory 2 week maternity leave starting from when the baby is born.

Maternity, Adoption and paternity calculator for employers (www.gov.uk)

By law, fathers are eligible for paternity leave for a maximum of two weeks after the birth of a child, so that they are able to care for and support the baby and its mother. This also includes same sex partners (‘paternity leave’ is a government legal term).

Your employee is eligible for paternity leave if they have been employed by you for at least 26 weeks before the start of the 14th week before the expected week of the birth of the child.

They must also be either:

• the baby’s biological father and have, or expect to have, responsibility for the child’s upbringing.

• the mother’s husband, civil partner or partner and expect to have the main responsibility (apart from the mother) for the child’s upbringing.

A week of paternity equates to the same number of days that your employee would normally work for you per week and the leave cannot be taken until the baby is born. It must also end within 56 days of the birth or due date (if the baby is born early).

Your employee must give you notice in writing and they must give you 28 days notice if they want to change their start date.

Paternity pay and leave: Overview - GOV.UK (www.gov.uk)

Shared parental leave (ShPL) is a period of leave which the parents can share as they see fit. It allows your employee greater flexibility with childcare arrangements in the first year of the child’s life. Shared parental leave can be taken in blocks of time but your employee should always provide the relevant notices and details of dates and intentions.

• Shared parental leave enables parents to split the 52 weeks of leave between themselves.
• The mother however must take a minimum of 2 weeks maternity leave.
• The 52 weeks are in addition to the 2 weeks of paternity leave to which the father or partner is legally entitled.

Your employee is entitled to shared parental leave if:

• they are the mother and share the main childcare responsibility with the child’s father or partner.

• they are the father and share the main childcare responsibility with the child’s mother.

• they are the mother’s partner and share the main childcare responsibility with the mother in place of the father.

• they have been employed by you for us for at least 26 continuous weeks by the end of the Qualifying Week, and will still be employed by you in the week before the shared parental leave is to be taken.

• the other parent has worked at least 26 of the 66 weeks before the qualifying week as an employee or self-employed, and had weekly earnings averaging at least £30 during 13 of those 26 weeks.

• if your employee is the father or the mother’s partner, the mother must be entitled to statutory maternity leave, statutory maternity pay or maternity allowance.

There is a large amount of paperwork involved in requesting ShPL and some important notice periods and deadlines should be adhered to.

Your employee should give you at least 8 weeks written notice before wanting shared parental leave to commence. Both parents must declare that they are eligible to claim shared parental leave and shared parental pay.

Shared parental leave - GOV.UK (www.gov.uk)

To qualify for Statutory Maternity Pay (SMP) an employee must:

• Earn more than £123 per week.
• Have worked for you continuously for at least 26 weeks prior to the qualifying week (15 weeks prior to the employee’s due date).
• On average the employee should have worked for you for just over 9 months by the time the baby is due.
• Provided you with proof that the baby is due (MATB1 form).
• Provided you with written confirmation of the start date of maternity leave with 28 days’ notice.
• No longer be working.

You should still provide SMP if an employee’s baby:

• Is born early.
• Is stillborn after 24 weeks of pregnancy.
• Dies after being born.

SMP is paid for up to 39 weeks and includes the following:

• 90% of your average weekly earnings (before tax) for the first 6 weeks.
  
• £184.03 (2024) or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks.
• SMP should paid in the same way as your wages (for example monthly or weekly).
• Tax and National Insurance will be deducted.

All employers should consider enhanced maternity pay to support new parents through this vulnerable time, which offers better support for those working within the equine veterinary industry and may improve employee retention.

If employees are not eligible for SMP, you should provide your employee with a completed HMRC Form SMP1 which enables them to claim Maternity Allowance. Employees may claim this as soon as they have been pregnant for 26 weeks and payments can start 11 weeks before the baby is due.

Maternity, Adoption and paternity calculator for employers (www.gov.uk)

The weekly rate of Statutory Paternity Pay (SPP) is £184.03 per week (correct as of July 2024).

To be eligible they must be employed by you for at least 26 weeks before the start of the 14th week before the expected week of the birth of the child and earn at least £123 a week (before tax).

Many employers are now offering enhanced paternity pay of 100% salary for 2 weeks leave with tax and NI insurance deducted in the usual way. It may be worth considering this to improve retention within your business.

A father wanting to take more than 2 weeks leave may also wish to request shared parental leave (ShPL) rather than paternity leave.

Paternity pay and leave: Overview - GOV.UK (www.gov.uk)

• Your employees are entitled to all their contractual benefits except pay, and as such these should continue to be made available whilst they are on maternity leave.
• Holiday entitlement continues to be accrued in a normal way whilst an employee is on maternity leave, and is often added to the end date of Statutory Maternity Leave (SML).

• It is advisable to keep in touch with your employees whilst they are on maternity leave to ensure they are informed of new opportunities or training opportunities.
• This will ensure they feel valued and not forgotten whilst they are not working.
• However, your employee must consent to this and should let you know in writing if they do not wish for you to contact them.
• An employee can work up to 10 keeping in touch (KIT) days whilst they are on maternity leave and should be paid their normal rate of pay.
• A KIT day does not have to be a whole day. It can be 1hr meeting or a half day, but each day is counted as 1 of the 10 KIT days.
• It is important to ensure that if an employee is returning to work on a KIT Day that their RCVS membership has not been changed to non-practicing and that indemnity insurance remains in place.
• KIT days are not obligatory and it is at the discretion of each employee.

Women returning to practice after a career break offer an important experienced skill set and are vital to improving the recruitment and retention within the profession. How you support women with their return to work and opportunities available is more likely to ensure that you build diverse and stable teams.

Returning to work after a career break and maternity leave can be a really anxious time for your employee. They may have spent a large amount of time away from veterinary work and may not have had the opportunity to remain up to date with current research or updates within equine medicine.

Providing a good support system to someone returning to work after a career break will be highly appreciated by your team members and is likely to build good will and retention. It is advisable that you discuss with your vet or nurse that they are happy for you to contact them whilst they are on maternity leave. It is important to maintain some communication with your employee whilst they are on maternity leave so that you can inform them of new opportunities, training. They will have had to consent to this communication prior to commencing maternity leave.

It is important to remember that this level of support should be provided to all women returning to work at any point in their lives. More support may be also required after a second or third child. Equal opportunities should be provided and taking a career break should not be detrimental to a woman's career progression in the veterinary industry.

Date of return to work:

• The date to return to work should have already been agreed prior to maternity leave commencing.
• If there has been a change in circumstances and they would like to return to work earlier than the pre-agreed date, then they should let you know with at least 2 months written notice.

Entitlement to return to previous role:

• If the employee return to work immediately after 6 months maternity leave (ordinary maternity leave), they are entitled to return to the same job with identical terms and conditions.
• If they decided to return to work after this time you may offer an alternative role similar to the one that they left.

Resignation during maternity leave:

• If the employee decides they do not wish to return to work after a period of maternity leave they should provide written notice.

All employees are entitled to make a written request for flexible working (hours, days, or place of work) provided they have been with the company for at least 26 weeks.

The employer must have a sound business reason for rejecting such a request.

The unpredictable nature of most equine veterinary work means that finding flexible childcare for employees’ children can be challenging. Employees and employers need to be mindful of the fact that this creates a new and significant source of stress for all parties. It may be that pre-set cut off times for first and last calls in various locations can help to relieve this pressure.

Flexible working changes may also affect the OOH rota and it is important that there is clarity over any agreement and that you consider what impact the flexible working arrangements will have on the workload of other staff within the business.

Childcare government schemes:

• Childcare provision and affordability remains one of the biggest obstacles preventing women from returning to work, therefore it is advisable to consider this when discussing the return to work.
• It is important to ensure your team member is aware of government childcare schemes, such as Tax Free Childcare and Childcare voucher schemes.
• Providing realistic remuneration will help make a parent’s return to work more financially viable.

Ensure the following are addressed before the employee returns to work:

• VDS cover is reinstated.
• RCVS membership is returned to UK practising category.
• CPD requirements are satisfied (105 hours in 3 years).
• OV qualifications are still valid (if applicable).
• Discuss any changes to practice policy and procedures e.g. changes in medicines, equipment and staff (a good use of KIT days)
• Consider any CPD that may help prepare for the return to work following a break.
• Signpost to Back in the Saddle career coaching for support outside the practice.

Returning to work after a period of parental leave can be a very daunting process for most parents. They have spent time away from clinical practice where they may feel they have lost skills and suffer from lack of confidence. Supporting employees with a smooth transition back into the workplace will show that they are valued members of the team, which builds trust and loyalty across the practice and improves retention and job satisfaction.

Here is a step by step guide of how you can develop a ‘return to work’ programme for parents:

1. Managers: Schedule protected time for managers to plan the integration process for your returning employee.
2. Changes: Ensure that any changes (e.g. practice management system, members of the team, internal processes, etc) have been communicated clearly before their return (during KIT days or by email) or designate time to discuss the changes during their first few days back.
3. Familiarisation: Do not expect your employee to resume clinical work immediately, instead allow sufficient time for them to familiarise themselves with any workplace changes or clinical developments that may have occurred whilst they have been on leave (e.g. new medication, equipment or clinical protocols).
4. Starting late: Consider delaying start times on the first few days back in case of unforeseen issues with nursery drop-off/childcare arrangements. This can be an emotional and overwhelming time for those involved and support through this is invaluable and will be hugely appreciated.
5. ‘Return to work’ interview: Conduct a ‘return to work’ interview on the first day back to find out how they are feeling about their return to work, for example:
   1. What are they feeling confident about?
   2. What are they feeling less confident about, and how can the practice support them?
   3. What would they like refresher training in? This would be a good opportunity to discuss CPD opportunities.
   4. Do they require time/space for breastfeeding or ‘pumping’ breastmilk during work hours?
   5. Do they require any further support, such as a nurse/technician?
   6. Do they need their diary/appointments scheduled in a way to accommodate childcare commitments (e.g. nursery pick-ups are such that need to finish by a certain time and in limited geographical area)?
6. Check-ins: Schedule fortnightly/monthly check-ins to monitor how things are going for both employee and employer, so that any issues or concerns can be addressed as soon as possible. These discussions can become less frequent as the employee settles in and the team have adapted to any changes.
7. Childcare and sickness: Provide support when the child is sick or childcare arrangements interfere with the parent’s work. These incidents are inevitable therefore it is advisable to have a contingency plan in place which is communicated clearly with the whole team. Clients are usually understanding when changes occur for such reasons. Enabling the employee to make up any lost time or attend routine visits out of hours if they wish to do so can help the employee fulfil their role regardless of the challenges they face. Clients are usually supportive of this style of ‘flexible working’.
8. Flexible working: Consider and discuss opportunities for ‘flexible working’. Working patterns can be adapted as children grow up and parenting demands change. The more willing employers are to consider and adopt changes, the more likely they are to retain your team member. As children move from nursery/pre-school to primary, and then secondary school there will be variations in drop off and pick up times, and school holidays to consider. It is beneficial to invite discussion around these changes so that any adaptations which could help the employee fulfil their role at work can be explored together.
9. Career coaching: Signpost your employee to BEVA’s Leg Up (0-5 year graduates) and Back in the Saddle career coaching (> 5 years graduated) programmes, which provide free, structured support for all BEVA members.

The time it takes to support parents can vary depending on the individuals involved and their own, unique circumstances. You should consider that during this time your employee will require training, support, up-skilling and mentoring by either a BEVA coach or another team member who has been through the return to work process after parental leave.

Investing time into those returning to work allows you access to experienced talent within the industry. The growth and support you provide your returning parent should not only be restricted to the first few weeks/months of their return but should continue through their career.

If you would like further information on how to support returning parents back to work the please see Best Practice Guidance for Employers from the Government Equalities office.

Schedule meetings to review the plan and update the risk assessment to reflect the stage of pregnancy and the individual’s circumstances.

There is no limit to the number of meetings you can have. Some practices have monthly meetings and increase/decrease the frequency as necessary.

Discuss preferred date for starting parental leave, taking into account any annual leave that may be used.