Operated by: Nudge Education Ltd · Version: Dec 2025 · Owner: HR / People
Parental Leave Policy (Maternity, Paternity, Shared Parental & Adoption) Policy December 2025 Review Date: December 2026
1. Scope of Policy
This policy applies to all employees of Nudge Education and its associated entities, including full-time, part-time, and flexible (term-time or variable-hour) workers. It does not apply to individuals working on a self-employed associate basis, who are not classed as employees under UK employment law.
2. Related Policies
This policy should be read alongside the following:
-
Annual Leave Policy
-
Absence and Sickness Policy
-
Extraordinary Leave Policy
-
Neonatal Care Leave Policy
-
Pregnancy Risk Assessment Policy
-
Flexible Working Policy
-
Safer Recruitment Policy
3. Policy Overview
This policy outlines entitlements and procedures for maternity, paternity, adoption, and shared parental leave, including statutory and enhanced pay. It is aligned with:
-
Employment Rights Act 1996
-
Maternity and Parental Leave Regulations 1999 (as amended)
-
Shared Parental Leave Regulations 2014
-
Equality Act 2010
-
ACAS guidance
4. Notification Requirements
4.1 Maternity and Adoption
Employees must notify their line manager:
-
By the 15th week before the expected week of childbirth (EWC), or
-
As soon as reasonably practicable after being matched with a child for adoption.
They must confirm:
-
The intended start date of leave
-
The expected return date
-
Submission of a MATB1 form (for maternity) or matching certificate (for adoption)
The line manager will confirm these details in writing and forward to the HR team.
4.2 Paternity Leave
Employees intending to take paternity leave must give:
- At least 15 weeks’ notice before the EWC or adoption placement date. They must provide the intended leave dates and confirm they meet eligibility criteria.
5. Entitlement to Leave
Type of Leave Entitlement
Maternity Leave Up to 52 weeks (26 weeks Ordinary + 26 weeks Additional)
Adoption Leave Up to 52 weeks (as above)
Paternity Leave 1 or 2 consecutive weeks, to be taken within 56 days of the birth or adoption
Shared Parental Up to 50 weeks (after curtailing maternity/adoption Leave leave)
All contractual terms remain in effect during leave, except pay. Annual leave and continuous service accrue.
6. Pay Entitlement
6.1 Statutory Pay
Employees who meet eligibility requirements may receive:
-
Statutory Maternity Pay (SMP) or
-
Statutory Adoption Pay (SAP) or
-
Statutory Paternity Pay (SPP) Statutory payments are made for up to 39 weeks (for maternity/adoption) and at the prevailing government rate or 90% of average weekly earnings (whichever is lower).
Employees not eligible for SMP/SAP may apply for Maternity Allowance or equivalent via: www.gov.uk/maternity-allowance
6.2 Enhanced Pay (Maternity or Adoption)
Continuous Enhanced Pay Entitlement Commitment Service Period
<1 year Statutory only 3 months (post-probation)
1–2 years 3 months full pay, 3 months half pay, 3 months 3 months SMP/SAP
3+ years 4 months full pay, 3 months half pay, 4 months 2 months SMP/SAP
You can qualify for statutory maternity pay (SMP)
- you have been employed by the same employer for at least 26 weeks by the end of the 15th week before your expected week of childbirth, and
- you are still employed by the same employer in the 15th week before your expected week of childbirth. You are counted as being employed in that week even if you only work for one day or part of a day or you are off sick or on holiday, and you are paid at least £125 (before tax) per week (April 2025 – April 2026) in earnings, on average in the eight weeks (if you are paid weekly) or two months (if you are paid monthly) up to the last pay day before the end of the 15th week before your baby is due.
Enhanced payments are subject to a Clawback Agreement (see Section 9).
6.3 Paternity Pay
Eligible employees may receive up to 2 weeks of SPP, paid at the statutory rate or 90% of average weekly earnings (whichever is lower).
7. KIT and SPLIT Days
-
Keeping in Touch (KIT) Days: Up to 10 days may be worked during maternity/adoption leave.
-
Shared Parental Leave in Touch (SPLIT) Days: Up to 20 days may be worked during SPL.
-
These are voluntary and do not end leave. Pay aligns with the employee’s normal rate.
8. Shared Parental Leave (SPL)
Parents may share up to 50 weeks of leave and up to 37 weeks of pay if eligible. Conditions include:
-
Curtailment of maternity or adoption leave
-
At least 8 weeks’ written notice
-
Up to 3 leave requests (continuous or discontinuous)
Contractual terms remain in effect during SPL. Employees returning from:
-
<26 weeks leave return to the same role
-
≥26 weeks return to the same or equivalent role
9. Return to Work and Clawback
Employees are assumed to return the day after maternity or adoption leave ends unless at least 8 weeks’ written notice is given for an early return.
9.1 Return to Work Meeting
A return-to-work meeting will be arranged to:
-
Review support needs
-
Plan refresher training if required
-
Discuss any flexible working requests
9.2 Clawback of Enhanced Pay
Employees receiving enhanced maternity or adoption pay must sign a Clawback Agreement before payments begin. If the employee resigns during the agreed commitment period:
If the employee Repayment of leaves… Enhanced Pay
Within 1st month 100%
Within 2nd month 75%
Within 3rd month 50%
The clawback form will be issued via our Human Resources Information System (HRIS) software (currently BambooHR) and stored on their staff record as per our privacy policy.
Note: Repayment only applies to enhanced pay. Statutory pay is not recoverable. Notice periods must align with the employee’s working pattern. Exceptions may be considered at Nudge Education’s discretion.
Employees may only access enhanced maternity or adoption pay once within 18 months of the start date of their previous period of leave.
10. Pregnancy Risk and Workplace Adjustments
Pregnant employees will undergo a pregnancy risk assessment. Where necessary:
-
Adjustments will be made to duties, hours, or environment
-
If no suitable alternative work is available, the employee will be suspended on full pay
11. Data Protection and Confidentiality
All parental leave information and documentation will be processed and stored in accordance with the Data Protection Act 2018 and UK GDPR.
12. Legal Compliance and Review
This policy complies with current UK legislation and ACAS guidance. It will be reviewed bi-annually, or earlier if legal changes occur.
1.1 Change History Record
Version Date Details of Change(s) Approved By 2.0 5/12/2025 Implementation of V2 policy Brian Mair
Document control
| Field | Value |
|---|---|
| Version | Dec 2025 |
| Owner | HR / People |
| Status | live |
| Source file | 2. HR and Employee Relations/Parental Leave Policy - Dec 2025.pdf |