The Work and Families Act 2006 introduced changes which will apply to you if your baby is due on or after 1 April 2007.

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1 Maternity Leave The Work and Families Act 2006 introduced changes which will apply to you if your baby is due on or after 1 April The main changes are: all employed women are entitled to 26 weeks Additional Maternity Leave (the one year qualifying period has been removed); the payment period for statutory maternity pay and maternity allowance has been extended from 26 weeks to 39 weeks; the notice a woman must give if she is changing her date of return from maternity leave has been increased from 28 days to eight weeks; and the introduction of Keeping-in-Touch days which allow women to undertake up to 10 days work during the maternity leave period without losing the right to SMP. Further information about the new legislation can be found on the Department for Business, Enterprise and Regulatory Reform website (formerly known as the DTI). Antenatal Care If you are pregnant you are entitled to time off with pay to keep appointments for antenatal care provided it is made on the advice of a registered medical practitioner, registered midwife or registered health visitor. Whenever possible, reasonable notice should be given to your line manager of these appointments. Antenatal care can include relaxation and parent craft classes as well as medical examinations. After the first antenatal appointment you should be prepared to show your Line Manager your appointment card. Entitlement to Maternity Leave Regardless of your length of service, if you are pregnant you are entitled to take up to 12 months' leave - that is: Ordinary Maternity Leave (OML) 26 weeks followed by Additional Maternity Leave (AML) 26 weeks While you can decide how much maternity leave you wish to take, you must take a minimum of two weeks' leave immediately after your baby is born. This is known as Compulsory Maternity Leave (CML).

2 Compulsory Maternity Leave is included in the OML period. During the CML period you are not allowed to carry out any work for the Scottish Government (it is illegal for an employer to allow an employee to work during the two week CML period). To claim maternity leave you must follow certain procedures - see the How to apply page for further details. Maternity Pay Statutory Maternity Pay (SMP) You will qualify for SMP if you meet all the statutory qualifying conditions: you are employed by the Scottish Government into the Qualifying Week (which is the 15th week before the week your baby is due) you have been employed by the Scottish Government for a continuous period of at least 26 weeks ending with the end of the 15th week before the week your baby is due you have earnings (before tax) above the Lower Earnings Limit for National Insurance Contributions (NI) - see DWP website for details you have given the correct notification of your intention to take maternity leave - your SMP Start Date The earliest date that SMP can start is from the 11th week before the week your baby is due. The latest date SMP can start is from the day following the birth. If you continue to work after the 11th week before the week your baby is due your SMP will start on whatever date your maternity leave begins. Duration of Statutory Maternity Pay Statutory Maternity Pay is paid for a continuous period of up to 39 weeks. Rate of Statutory Maternity Pay First six weeks 90% of your average weekly earnings with no upper limit Remaining 33 Standard rate or a rate equal to 90% of your average weekly earnings, weeks whichever is lower. The standard rate from April 2008 is Further Information More detailed information about SMP, including guidance about how SMP is calculated, can be found on the DWP website.

3 Maternity Allowance If you do not qualify for SMP you may be able to claim up to 39 weeks' Maternity Allowance from your JobCentre Plus office. Further information about the Maternity Allowance can be found on the JobCentre Plus website. Contractual Maternity Pay Staff in the Scottish Government Main bargaining unit (SGM) who qualify for SMP also qualify for contractual maternity pay. Contractual maternity pay 'tops up' your SMP to allow you to receive full pay during your 26 week Ordinary Maternity Leave period. Contractual maternity pay is not paid during the Additional Maternity Leave period although you will continue to receive SMP for the remaining period up to 39 weeks. To qualify for contractual maternity pay you must sign a 'Statement of Intention and Undertaking to Repay Salary'. By doing this you agree to repay any contractual maternity pay should you decide not to return to work and complete the equivalent of one months paid service following your maternity leave, consecutive career break or consecutive unpaid special leave. How to apply for Maternity Leave Notification To claim maternity leave you must notify your line manager and the HR Shared Service Centre (SSC) of: the fact you are pregnant; the expected week of childbirth; and the date you intend to start taking your maternity leave. You must also send your MATB1 certificate (which your midwife or GP will give you) to the HR Shared Service Centre. The notification of your intention to take maternity leave must be provided by the end of the 15th week before the Expected Week of Childbirth. Failure to give the required notice may result in you losing your right to start your maternity leave on your chosen date. On receipt of your notification and your MATB1 certificate, the Shared Service Centre will write to you within 28 days confirming your entitlements and the start and end dates of your maternity leave. If you wish to change the date you start your maternity leave you must notify your line manager and the Shared Service Centre of the new date at least 28 days before the new date or 28 days before the old date, whichever is earlier.

4 If, however, it is not reasonably practicable for you to give this much notice (for example if your baby is born early and you have to start your leave straight away) then you must give as much notice as possible. Commencement of Maternity Leave Your maternity leave can start any time from the beginning of the 11th week before the Expected Week of Childbirth. While your maternity leave period will normally start on the date you requested, there are some exceptions to this rule: Absence due to childbirth before the intended start date: If your baby is born before the date notified (or before you have notified any date) the maternity leave period starts automatically on the day after the baby's birth. This happens even if the birth takes place before the start of the 11th week before the birth was originally expected. In this circumstance you should notify the HR Shared Service Centre of the date of the birth and the date the birth was originally expected as soon as is reasonably practical. Evidence of the actual and expected dates of birth can be provided together on the maternity certificate (MATB1) provided by the doctor or midwife. Absence for a pregnancy-related reason before the intended start date: If you are absent from work due to a pregnancy-related illness, your maternity leave will start automatically on the day after the first day of absence following the beginning of the fourth week before the expected week of childbirth. This applies even where the first day of absence is before the date you had originally notified as your maternity leave start date. Dismissal or resignation before the intended start date: If you resign or are dismissed before the date notified, or before you have notified a date, you lose the right to maternity leave. Keeping in touch during Maternity Leave During the maternity leave period, an employer may make reasonable contact with an employee, and in the same way an employee may make contact with her employer. The frequency and nature of the contact will depend on a number of factors, such as the nature of the work, any agreement which may have been reached before maternity leave began as to contact and whether either party needs to communicate important information to the other (for example, news of changes at the workplace which might affect the employee on her return). While you are on maternity leave, the Scottish Government must keep you informed of promotion opportunities and other information relating to your job which you would have been aware of had you been at work. Before you go on maternity leave you might find it helpful to discuss with your line manager the arrangements for staying in touch.

5 Keeping-in-Touch Days You may, by agreement, do up to ten days' work - known as Keeping-in-Touch (KIT) days during your maternity leave period. Such days are different to the reasonable contact described above. Keeping-in-Touch days may be used for a variety of purposes - for example, to allow you to attend a one-off training course, conference or team meeting about important issues which directly affect your work. However, as the purpose of maternity leave is to allow you to spend time with your baby and to recover from the birth, it is expected that KIT days should only be used in exceptional circumstances and by mutual agreement. You cannot be required to work during your maternity leave period if you do not wish to nor do you have the right to KIT days if your line manager does not agree to them. If you are offered the opportunity to work on a KIT day you are entitled to turn the opportunity down without suffering any consequences as a result (it is unlawful for any employee to suffer detriment for not agreeing to work on a KIT day). If you carry out work during a KIT day you will be paid for that day: If you carry out work during your OML period and you are in receipt of SMP and contractual maternity pay, no further payment will be made (because you are already receiving full pay). If you carry out work during your AML period and you are in receipt of SMP or nil pay, you will receive a top-up to ensure you receive full pay for that day. Reimbursement will also be provided for any additional expenses that you may incur by working on a KIT, e.g. additional registered childcare costs. Any work done on any day during the maternity leave period will count as a whole KIT day, up to the 10-day maximum. If, for example, you come in for a one-hour training session you will have used one of your KIT days. You must notify the HR Shared Service Centre of any days you attend work as part of a Keeping-In-Touch arrangement. Note: You may not carry out any work for the Scottish Government during the first two weeks after your baby is born. Annual Appraisal and Maternity Leave If you work for more than three months of the reporting year, you will receive an annual appraisal. If you have not worked for at least three months due to maternity leave, you will receive the same performance appraisal marking as you received in the previous year.

6 Returning to work from Maternity Leave Following a period of OML, you have the right to return to the same post you occupied prior to your absence (unless that position has disappeared). Following a period of AML, you are entitled to return to the same post you occupied prior to your absence, or if that is not reasonably practicable, to another job at the same level and on the same terms and conditions. It is important that you discuss your options with HR and with your line manager before you go on maternity leave. There is no statutory obligation for you to notify HR if you intend to return to work immediately after the 52 week maternity leave period. However, it would be helpful if you could confirm your intentions in advance of your return date. Unless otherwise notified, the date on which you will return to work will normally be the first working day 52 weeks after your maternity leave begins (that is after the Ordinary Maternity Leave and Additional Maternity Leave periods expire). Returning to work before the end of maternity leave If you wish to return to work before the end of your full maternity leave period, you must give eight weeks' notice of your return to work. This notice requirement applies during both Ordinary and Additional Maternity Leave. If you wish to return to work earlier than the end of your maternity leave period and you have not given eight weeks' notice, your return can be delayed until the full eight weeks' notice has been given. However, your return may not be postponed to a date which is later than the end of your maternity leave period. For example, if you were due to return to work after 52 weeks' maternity leave on 1 August, but then decided to return to work after 39 weeks of leave (that is, on 9 May) you would need to give eight weeks' notice of the new date (that is, by 14 March). If you wish to change the date of your return you must write to the HR Shared Service Centre giving at least eight weeks' notice. Returning to work later than previously notified If you have notified the HR Shared Service Centre that you wish to return to work before the end of your maternity leave and you subsequently change your mind, you must confirm in writing the new, later date of return. This confirmation must be sent to the HR Shared Service Centre at least eight weeks before the original expected date of your return. For example, if, having started your maternity leave, you decide that you do not wish to take your full entitlement of 52 weeks and you give notice that you will return after six months (for example, on 1 October), you can still change your mind and take a longer period away - up to the full year of maternity leave. However, you must give eight weeks' notice before the earlier date (in this case, eight weeks before 1 October - i.e. 6th August).

7 Changing your Working Pattern All employees who are the parents of young children (under the age of six) or of disabled children (under the age of 18) have the right to request flexible working patterns. Further information about requesting a flexible working pattern can be found on the Flexi intranet pages. Health and Safety If you are pregnant, have given birth within the last six months, or are breastfeeding and you believe there is a risk to you or your baby's health and safety at your workplace, you should bring the risk to the attention of your Line Manager. Your Line Manager will then arrange for the risk to be assessed. If that assessment identifies a risk you may be offered suitable alternative work. Where no suitable alternative work is available you may be suspended on your existing rate of pay on maternity grounds for such period as is reasonably necessary to protect your health and safety and/or that of your baby. However, if the assessment does not identify a risk and you remain concerned, you may wish to discuss the matter with your doctor. You continue to be employed by the Scottish Government during maternity suspension and all your contractual rights continue to apply. Other leave or absence Sick Absence and Maternity Leave If you are absent due to sickness prior to your maternity leave and this sick absence is not pregnancy related, you can take sick absence in the normal way. Your sick absence can extend to the date of your baby's birth, or until the date you have already notified that you intend your maternity leave to begin, whichever is earlier. You can also return to work from sick absence prior to your intended maternity leave start date. If your sick absence is due to a pregnancy related illness, your maternity leave will start automatically on the first day of absence following the beginning of the fourth week before the expected week of your baby's birth. This applies even if the first day of absence is before the date you have notified as your maternity leave start date. If you are sick during your AML period you will not be entitled to receive sick pay. However, if you are sick during your AML period and wish the normal sick absence rules to apply and, where appropriate, receive sick pay, you should notify the HR Shared Service Centre that you wish your AML period to cease. In these circumstances the normal eight weeks notice requirement will be waived. You should note that by opting to receive sick pay in these circumstances, your AML period will cease and once the period of sick absence has ended you must return to work.

8 If you are unable to return to work following your Maternity Leave period due to sickness, the normal Sick Absence rules will apply. Annual Leave and Maternity Leave Subject to line management approval, annual leave may be taken immediately before your maternity leave period or after you complete your maternity leave period. Periods of maternity leave (OML and AML) do not affect your Annual Leave entitlement. Maternity Leave and your Pension Periods of Ordinary Maternity Leave reckon for pension purposes. Periods of unpaid Additional Maternity Leave do not reckon for pension purposes. Added Years: If you are paying 'added years' contributions you should contact the pension provider ( Department of Work and Pensions - tel: ) for advice about the impact on your benefits.