How should the employer respond if an employee gives birth before her maternity leave has started?

If an employee gives birth before her maternity leave has started, her maternity leave will be triggered automatically and begins on the day following the one on which she gave birth.

The employee is required to inform the employer as soon as reasonably practicable that she has given birth and of the date on which the birth occurred. The notice must be in writing if the employer so requests.

The employer must write to the employee confirming the new end date of her additional maternity leave. It must do this within 28 days of receiving the employee's notification that she has given birth early.