Earlier this month, a nursery nurse in Liverpool took a bath to ease her stomach cramps, only to her surprise, she went into labour. Unaware she was even pregnant, the 25-year-old gave birth to a healthy 7lb 5oz baby girl.

Maternity Leave can be complicated enough, but how does this apply and what happens if you aren’t prepared for becoming a parent?

Under normal circumstances, expectant mothers will need to give notice of the fact that they are pregnant, the Expected Week of Childbirth (EWC) and the date they wish to start maternity leave. This information should be given by the employee to the employer no later than the 15th week before the EWC or if that is not reasonably practicable, as soon as it is reasonably practicable. 

Statutory Maternity Pay

To be entitled to Statutory Maternity Pay (SMP), employees normally have to give 28 days’ notice of the date they want their SMP to start (or if that is not reasonably practicable, as much notice as possible).

However, in cases such as Jodie Kenna’s above, giving notice of leave or SMP was obviously not an option and she would simply be required to inform her employer that she had given birth and wants her SMP as soon as reasonably practicable.

Maternity Leave

The employer would then assume that she is taking her 52 weeks’ entitlement to maternity leave. If Jodie wanted to return earlier she would have to give 8 weeks’ notice of her intention to return early from maternity leave.

Equally in this kind of case, the partner would normally be required to give notice of their paternity leave by the 15th week before the EWC or if that is not reasonably practicable, as soon as it is reasonably practicable.

In Jodie’s case her partner would have to inform his employer that Jodie had given birth and arrange their paternity leave and pay accordingly.

By Sarah Calderwood, employment specialist at law firm Slater Heelis, www.slaterheelis.co.uk/employment