Maternity leave is a critical time for both employees and employers - but it’s also an area where many businesses trip up. With frequent changes to UK employment law and evolving workplace expectations, even well-meaning employers can find themselves at risk of legal disputes or unhappy staff.
In this post, we break down the most common pitfalls and how your organisation can confidently steer clear of them.
Failing to communicate during maternity leave
One of the biggest mistakes? Going silent.
It’s crucial to maintain appropriate contact while an employee is on maternity leave. This doesn’t mean daily emails, but it does mean agreeing upfront on how often you’ll check in and how (email, phone, etc.).
Keeping someone informed of job opportunities, promotions, or restructures shows respect - and skipping this can result in claims of discrimination or constructive dismissal.
Real-life example: In Smith v Greatwell Homes, an employer failed to notify an employee on maternity leave of internal job changes. The tribunal found this discriminatory.
Quick tips:
Set a communication plan before leave starts
Keep employees updated on vacancies, consultations, and changes
Don’t exclude them from important organisational updates
Confusion over KIT days
Keeping in Touch (KIT) days let employees work up to 10 days during maternity leave without affecting their Statutory Maternity Pay (SMP). These days are entirely optional, and should be agreed upon by both parties.
Many employers stumble over what to pay. While there's no fixed amount, employees must receive at least the National Minimum Wage for hours worked.
Quick tips:
Agree on pay upfront and put it in writing
Be clear about what the employee will do on KIT days
Never pressure someone to use them - they’re voluntary
Missteps with pay, bonuses, and benefits
When it comes to pay during maternity leave, accuracy matters.
If an employee gets a pay rise during their maternity leave (even after the SMP reference period), you may need to recalculate SMP.
Company-wide bonuses should still be paid in full.
Performance-related bonuses can be prorated.
Pension contributions must continue at the normal rate during the paid part of maternity leave.
Quick tips:
Double-check SMP if any pay changes occur
Differentiate between company vs individual bonuses
Keep pension payments flowing as required
Redundancy risks during maternity leave
Yes, employees can be made redundant during maternity leave - but only if it’s genuinely necessary and handled lawfully.
Under UK law, employees on maternity leave must be offered suitable alternative roles first, before others. This priority protection now covers the period from pregnancy notification up to 18 months after childbirth.
Quick tips:
Always offer alternative jobs to employees on maternity leave before anyone else
Keep them fully involved in consultation processes
Record every step for transparency and legal proof
Poor return-to-work support
The return to work can be daunting. Employers often overlook this crucial moment - but it sets the tone for long-term retention.
If the employee returns within 26 weeks, they’re entitled to their exact same job. After 26 weeks, they still have that right unless it’s no longer reasonably practicable - in which case a suitable alternative must be offered.
And let’s not forget: flexible working rights were expanded in 2024. Be ready for those conversations.
Quick tips:
Plan a structured return-to-work process (check-ins, refresher training, mentoring)
Consider flexible working requests seriously
Foster a culture that supports parents coming back to work
Final thoughts
Maternity leave doesn’t need to be a legal or logistical minefield. With clear communication, fair treatment, and an understanding of your obligations, you can avoid common pitfalls and build a workplace that values every stage of your employees’ lives.
This article was created with insights from Lex HR - your always-on HR legal assistant. Lex HR helps HR professionals navigate complex employment law with confidence, providing real-time, reliable advice tailored to your needs. Try it free today and see how much easier compliance can be.
