Responding to notice of maternity leave


Regulation 4 Maternity and Parental Leave ect Regulation 1999 (MPLR).

Author: Roxanne Bradley
Reading time: 2 minutes

This article is 12 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Once a pregnant employee has told you when she wishes to commence her maternity leave, within 28 days you’re obliged to notify her of the end date.

Under regulation 4 Maternity and Parental Leave ect Regulation 1999 (MPLR) the employee must no later than the end of the 15th week before her expected week of childbirth (EWC) or, if that’s not reasonably practicable, as soon as it reasonably practicable, notify you of:

  • her pregnancy and her EWC
  • the date on which she intends her ordinary maternity leave (OML) to start – but this cant be a date earlier than the beginning of the eleventh week before the EWC. OML is a period of 26 weeks leave available to all employees who give birth and comply with the notification conditions. You can ask the employee for written notice of the date on which she intends to start her OML.

Once you have received notification of the date the employee has chosen to start her OML, under regulations 7(6) and (7) MPLR you have 28 days to notify her of the date on which her additional maternity leave (AML) will end. AML follows immediately at the end of OML and lasts for a further 26 weeks, giving a total entitlement of 52 weeks maternity leave, and is available to all employees. If the employee changes the date of the OML to start, you must notify her of the new AML end date within 28 days of the start of her leave.

If you fail to notify the employee of the AML end date within the 28 days timescale, under regulation 11(5) MPLR she is not then obliged to give you the normal eight weeks advance notice if she wishes to return to work earlier than the end of her AML.

Roxanne Bradley

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.