Employment Contract Template for Maternity Cover (UK 2025)
Last updated: February 2025
When You Need This Contract
Maternity cover contracts are a specific type of fixed-term employment requiring careful drafting to protect both the business and the maternity cover employee. The contract must clearly state that the role is to cover a specific employee's maternity leave, define the expected duration while acknowledging it may vary, include handover provisions at both the start and end of the cover period, and address what happens if the absent employee decides not to return. The cover employee has full employment rights during their fixed-term employment.
Key Clauses
- Clear statement that the role is maternity leave cover for a named position
- Expected duration with flexibility for early return or extended leave
- Comprehensive handover and knowledge transfer provisions
- Provisions addressing the scenario where the absent employee does not return
- Equal treatment with comparable permanent employees during the cover period
What to Watch Out For
- Specifying an exact end date when maternity leave return dates are inherently uncertain
- Not including provisions for the scenario where the absent employee decides not to return to work
Sample Clauses
- Sample cover clause: 'This role is to provide cover for [position title] during the current post-holder's maternity leave. The expected duration is [X] months, although this may be extended or shortened depending on the post-holder's leave arrangements. The Company will give you [X] weeks notice of the anticipated end date once the post-holder confirms their return date.'
- Sample handover clause: 'A handover period of [X] weeks will be provided at the commencement of your employment, during which the current post-holder will brief you on ongoing responsibilities. A return handover of [X] weeks will be arranged before the end of your fixed-term employment to ensure continuity.'
FAQ
What happens if the employee on maternity leave does not return?
If the absent employee resigns during maternity leave, the maternity cover role may become permanent or redundant depending on business needs. Your contract should include a clause stating that if the post-holder does not return, the Company may offer the cover employee a permanent position, extend the fixed-term contract, or terminate the arrangement with appropriate notice. The cover employee has no automatic right to the permanent role.
Can a maternity cover contract have a fixed end date?
While you can include an expected end date, it is better to define the term as lasting until the post-holder returns from maternity leave or the role is otherwise ended. Maternity leave durations can change if the employee extends leave, takes shared parental leave, or returns early. A fixed end date creates difficulties if the return date changes. Use a completing event definition with reasonable notice provisions.
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Get Started FreeThis is guidance for UK businesses, not legal advice. Templates are illustrative. Consult a solicitor for complex matters.
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