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A Maternity Leave Confirmation Letter From Employer is a statutory document that formalises your employee's maternity leave arrangements under England and Wales law. When you receive notification from a pregnant employee about their intention to take maternity leave, you are legally required to respond with this confirmation letter within 28 days. The letter serves as official documentation that protects both parties and ensures compliance with employment legislation.

When do you need this document?

You must issue this letter after receiving your employee's formal notification of pregnancy and their intention to take maternity leave, typically accompanied by the MATB1 form from their healthcare provider. The notification deadline is usually 15 weeks before the expected week of childbirth, though employees can notify you earlier. You might also need to issue an updated letter if the employee changes their planned leave dates or if there are modifications to their statutory entitlements. The letter becomes essential for payroll processing, HR record-keeping, and ensuring your employee understands their rights and return-to-work obligations.

Key legal considerations

Your confirmation letter must include specific mandatory information to comply with statutory requirements. You need to confirm the employee's eligibility for statutory maternity pay and state the exact payment amounts and duration. The letter should specify the earliest date the employee can start their leave, their expected return date assuming they take the full 52-week entitlement, and the process for notifying you of their actual return date. You must also confirm their continued employment rights during leave, including their right to return to the same job or a suitable alternative. Failing to provide accurate information or missing the 28-day response deadline can result in employment tribunal claims and potential compensation payments.

Legal requirements in England and Wales

Under the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 1999, you must respond to maternity leave notifications within 28 days with comprehensive confirmation details. The letter must comply with statutory maternity pay regulations, confirming whether the employee qualifies for payments and specifying the six-week period at 90% of average weekly earnings followed by the standard rate or 90% of earnings if lower. You must also address health and safety considerations under the Management of Health and Safety at Work Regulations 1999, particularly if the employee's role involves risks to pregnancy. The Equality Act 2010 requires that your response avoids any discriminatory language or implications, and you cannot use the pregnancy or maternity leave as grounds for unfavourable treatment. Keep detailed records of all correspondence and ensure your letter template is regularly updated to reflect current statutory rates and legislative changes.