Skilled Worker Visa Maternity Leave and Pregnancy Guidance

Overview of the Skilled Worker Visa Maternity Leave

Skilled Worker Visa holders enjoy the same maternity leave and pay entitlements as settled citizens. This includes the option to take up to 52 weeks of maternity leave, with a potential for up to 39 weeks of paid leave based on their average weekly earnings before the commencement of the leave.

You should notify your employer as soon as you are aware of your pregnancy as providing early notice allows your employer to adequately plan for your absence. Your employer must also conduct a risk assessment to ensure a safe working environment for both you and your baby.

Maternity leave can be taken in one continuous block or split into two segments. The initial block must start no later than two weeks before the expected week of childbirth, while the second block must start within 12 weeks after the actual week of childbirth. You are also entitled to take paid time off for antenatal care appointments.

After maternity leave, you have the right to return to your job. Your employer is obligated to give you back your job, if that is not possible, they should provide a suitable alternative.

Skilled Worker Absence Entitlements

A Skilled Worker Visa holder enjoys various employment rights, including paid sick leave, maternity leave, paternity leave, and shared parental leave.

Sick Leave

Skilled Worker visa holders are entitled to paid sick leave if they meet the following criteria:

• Employed by the employer who sponsored their visa
• Have worked for their employer for at least two weeks
• Earn at least the National Living Wage or National Minimum Wage

Employers may choose to pay more for paid sick leave, but qualifying workers are entitled to at least the statutory sick pay.

Maternity Leave

The following requirements must be met for holders of a Skilled Worker Visa to be eligible for pay while on leave:

• Be working for their visa sponsor employer
• Been employed for a minimum of 26 weeks
• Earn on average, at least £123 a week

Paternity Leave

The following requirements must be met for holders of Skilled Worker Visas to be eligible for statutory paternity leave (SPL) and pay (SPP):

• Employed by their visa sponsor employer
• Worked for a minimum of 26 weeks with their current employer
• Their partner is either adopting or giving birth to a child

SPL allows for a maximum two-week leave of absence from work. For the first two weeks of SPL, SPP, a taxable benefit, is provided.

Shared Parental Leave

Shared Parental Leave (SPL) is available to holders of Skilled Worker Visas if they fulfil the following requirements:

• Worked for their sponsor employer for at least 26 weeks
• Are the biological or adoptive parents of the child

A SPL is permitted for a maximum of 52 weeks. It can be taken flexibly or in blocks by parents, or they can divide it up between them.

Skilled Worker Visa Renewals Whilst On Maternity Leave

A Skilled Worker Visa holder can renew their visa whilst on maternity leave as the Home Office recognises there may be legitimate reasons why they may not be working at the time of their renewal application, such as maternity leave.

To accommodate these situations, Skilled Worker Visa holders will be considered eligible for renewal if they can show that they meet the following criteria:

• Maintained their intention to work in the UK as a Skilled Worker
• Meet the salary requirements of the Skilled Worker Visa route
• Have their sponsor’s support

The visa holders on maternity leave should provide evidence of their ongoing job offer or intention to return to their previous role after their leave has ended. This evidence could include:

• A letter from their employer confirming their continued employment and the expected date of their return to work
• A copy of their original Certificate of Sponsorship (CoS)
• A letter outlining their intention to return to work in the UK as a Skilled Worker

Want to renew your Skilled Worker Visa whilst on maternity leave? IAS can help you. Reach out to us on +44 (0)333 414 9244 for guidance.

Should Sponsors Make Changes To The Certificate Of Sponsorship?

When sponsored visa holders are preparing for maternity, changes to the Certificate of Sponsorship (CoS) will be necessary. These modifications are essential to uphold the validity of the CoS and ensure the skilled worker maintains their immigration status in the UK.

If the skilled worker’s salary is expected to change during maternity leave, the employer or sponsor must update the CoS to reflect the new salary.

To keep UK Visas and Immigration informed about the skilled worker’s maternity leave, the sponsor should submit a Change of Circumstances form.

The employer will also be required to show evidence of the skilled worker’s maternity leave such as a doctor’s note.

How Can IAS Help You?

Navigating the complexities of maternity leave while holding a Skilled Worker Visa requires careful consideration and adherence to immigration regulations.

At IAS our team of experienced immigration lawyers can assist in preparing and submitting visa renewal applications, ensuring that all the necessary documentation is in order. This reduces the likelihood of delays or complications in the renewal process.

For employers sponsoring skilled workers, IAS offers consultation services to navigate the complexities such as updating COS details, understanding sponsor responsibilities, and complying with immigration regulations. Contact us on +44 (0)333 414 9244 or send us a message online.