NHS Business Services Authority HR Policies Maternity Leave Policy

Transcription

1 NHS Business Services Authrity HR Plicies Maternity Leave Plicy 1. POLICY STATEMENT 1.1 The plicy is designed t make emplyees aware f their rights and entitlements during, and fllwing pregnancy and cnfrms t the NHS Staff Cuncil Cnditins f Service, the Emplyment Act 2002 and ther current legislatin. 1.2 The plicy and prcedure will be reviewed peridically by the Human Resurces Department and trade unins giving due cnsideratin t legislative changes. 1.3 In accrdance with the NHSBSA's Equality & Diversity plicy, this prcedure will nt discriminate, either directly r indirectly, n the grunds f race, clur, ethnic r natinal rigin, sexual rientatin, marital status, religin r belief, age, trade unin membership, disability, ffending backgrund r any ther persnal characteristic. 2. PRINCIPLES Entitlement T Maternity Leave 2.1 All emplyees will be entitled t 52 weeks Maternity leave. Entitlement t Occupatinal Maternity Pay under the NHS Scheme 2.2 An emplyee wrking full r part-time is entitled t Maternity pay under the NHS scheme prvided that she: has 12 mnths cntinuus service with ne r mre NHS emplyers and cntinues t be emplyed by the Authrity until at least the beginning f the 11th week befre the expected week f childbirth (EWC); and ntifies the Authrity, n frm BSA/M1 (see attached) at least 15 weeks befre her expected week f childbirth (EWC) that she intends t take Maternity Leave (r as sn as is reasnably practicable thereafter) and intends t return t wrk fr a minimum perid f three mnths with the same r anther emplying authrity; and submits a statement (MAT B1) signed by a registered medical practitiner r a practising midwife at least 28 days befre cmmencement f Maternity Leave, indicating the expected date f childbirth. Entitlements Under The Scheme 2.3 An emplyee wh qualifies fr full benefits and intends t return t wrk with the same r anther emplying authrity will be entitled t 52 weeks Maternity Leave, paid as fllws:- 8 weeks at full pay including any SMP, Maternity Allwance (MA) r equivalent benefits receivable; 18 weeks at half pay reduced nly where half pay plus benefits payable exceeds full pay; 13 weeks at SMP, if payable; 13 weeks unpaid leave. Page 1 f 9

2 NHS Business Services Authrity HR Plicies Maternity Leave Plicy 2.4 An emplyee wh qualifies fr full benefits and des nt intend t return t wrk fr the same r anther emplying authrity will be entitled t 52 weeks Maternity Leave, paid as fllws: 6 weeks at 90% f full pay; 33 weeks at the lesser f standard rate SMP r 90% f average weekly earnings; 13 weeks unpaid leave. 2.5 An emplyee wh des nt qualify fr full benefits under the NHS Scheme but wh has at least 26 weeks service by the 15th week befre the EWC and meets the earnings rule whether r nt she intends t return t wrk will be entitled t 52 weeks Maternity Leave, paid as fllws: 6 weeks at 90% f full pay; 33 weeks at the lesser f standard rate SMP r 90% f average weekly earnings; 13 weeks unpaid leave. 2.6 An emplyee wh des nt qualify fr SMP, whether r nt she intends t return t wrk, will be entitled t 52 weeks Maternity Leave. N payments will be made during the maternity leave perid althugh Maternity Allwance r ther benefits may be payable directly frm Jbcentre Plus. 2.7 By prir agreement with the emplyer, ccupatinal maternity pay may be paid in a different way e.g. a cmbinatin f full pay and half pay r a fixed amunt spread equally ver the maternity leave perid. 2.8 In exceptinal circumstances, fr example in the case f a multiple birth r sick pre-term babies, the unpaid element f leave may be extended beynd 13 weeks. Requests fr this shuld be submitted in writing t the emplyees line manager wh may seek advice frm the HR Department. Timing Of Leave 2.9 Maternity Leave may cmmence at any time between the eleven weeks befre the EWC and the expected week f childbirth, prvided the required ntice is given. Early childbirth and maternity related sickness absence will affect this as fllws: Early Childbirth 2.10 Where childbirth ccurs befre the 11 th week befre the EWC and the emplyee has wrked during the actual week f childbirth, Maternity Leave will start n the first day f the emplyee s absence Where childbirth ccurs befre the 11 th week befre the EWC and the emplyee has been absent frm wrk n certified sickness absence during the actual week f childbirth, Maternity Leave will start the day after the day f birth Where an emplyee s baby is brn befre the 11th week befre the EWC, and the baby is in hspital, she may split her Maternity Leave entitlement, taking a minimum perid f tw weeks leave immediately fllwing the birth and the rest f her leave fllwing the baby s discharge frm hspital. Page 2 f 9 Page 2 f 8

3 NHS Business Services Authrity HR Plicies Maternity Leave Plicy 2.13 Where an emplyee has a miscarriage befre the 25 th week f pregnancy then nrmal sick leave prvisins will apply In the event f a still birth after the 24 th week f pregnancy the emplyee will be entitled t the same amunt f maternity leave and pay as if her baby was brn alive The NHSBSA recgnises that this will be a difficult and traumatic time and wuld encurage the use f the Emplyee Assistance Prgramme. This service is available t bth emplyees and family members. Sickness Absence During Pregnancy And Leave 2.16 Where an emplyee is ff wrk ill, r becmes ill, with a pregnancy related illness during the last fur weeks befre the EWC, maternity leave will nrmally cmmence at the beginning f the furth week befre the expected week f childbirth r the beginning f the next week after the emplyee last wrked, whichever is the later. Absence prir t the last fur weeks befre the EWC, supprted by a medical certificate r self-certificate will be treated as sick leave in accrdance with nrmal leave prvisins. Nrmal sick leave prvisins will be suspended nce maternity leave has cmmenced Odd days f pregnancy related illness during the perid may be disregarded if the emplyee wishes t cntinue wrking until the maternity leave start date previusly agreed Where an emplyee is absent due t illness which is nt pregnancy related then nrmal sick leave prvisins will apply until the date previusly agreed that maternity leave wuld cmmence. Other Prvisins Ante-natal and Pst-natal Care 2.19 Pregnant emplyees have the right t paid leave fr ante-natal care and relaxatin and parent craft classes Emplyees wh return t wrk shrtly after giving birth will be given paid time ff fr pst natal care e.g. attendance at health clinics. Calculatin f Pay 2.21 Maternity Pay is calculated n average earnings paid fr tw mnths prir t the Qualifying week which is the 15th week befre the EWC. Emplyees with average weekly earnings belw the Lwer Earnings Limit wh d nt qualify fr SMP may be entitled t MA r ther benefits. Implementatin Of A Pay Award Or Annual Increment 2.22 Absence n Maternity Leave, whether paid r unpaid, cunts twards the nrmal annual increment Where a pay award and/r annual increment are implemented frm a date prir t the paid Maternity Leave perid, the Maternity Pay will be calculated as thugh the pay award had effect thrughut the entire SMP calculatin perid. If a pay award is agreed retrspectively, the Maternity Pay will be recalculated n the same basis Page 3 f 9

4 NHS Business Services Authrity HR Plicies Maternity Leave Plicy 2.24 Where a pay award and/r annual increment is implemented frm a date during the paid Maternity Leave perid, the Maternity Pay due frm the perative date f the pay award r annual increment shuld be increased accrdingly. Again, if such a pay award were agreed retrspectively, the Maternity Pay shuld be recalculated n the same basis. Emplyees On A Fixed-Term r Training Cntract 2.25 An emplyee wh is entitled t full benefits under the NHS Scheme, i.e. wh satisfies the cnditins under sectin 2.1 and whse cntract is due t end after the 11th week befre the EWC, will have her cntract extended t enable her t receive 52 weeks Maternity Leave which includes paid ccupatinal and statutry maternity pay and the remaining 13 weeks f unpaid leave. Under these circumstances, there will be n right f return t be exercised because the cntract wuld have ended if pregnancy and childbirth had nt ccurred. Emplyees wh d nt satisfy the cnditins under sectin 2.1 and whse cntract ends after the 15 th week prir t the EWC but befre the 11 th week prir t the EWC, there is n right t maternity leave but SMP may be payable. In this case, the cntract will nt be extended but the NHSBSA will be respnsible fr paying any SMP due. Under these circumstances, the emplyee must infrm the NHSBSA if she starts wrk fr anther emplyer fllwing the birth f the baby and must still prvide evidence f pregnancy via the MAT B1 frm. Cntractual Rights 2.26 An emplyee retains all her cntractual rights, except remuneratin, during the Maternity Leave perid. Annual Leave 2.27 Annual leave will cntinue t accrue during maternity leave, whether paid r unpaid Where the amunt f accrued leave wuld exceed the nrmal carry ver prvisins, the manager and emplyee shuld agree arrangements fr the leave t be taken either prir t r immediately fllwing the maternity leave perid In exceptinal circumstances, where leave cannt be carried ver fr peratinal reasns, payment in lieu f annual leave may be cnsidered All maternity leave, including unpaid maternity leave, will cunt as service fr the purpse f satisfying the service qualificatin fr accruing additinal annual leave entitlements Bank Hliday leave is nt accrued whilst n paid r unpaid maternity leave. Pensin 2.32 Cntributins will be deducted frm salary as nrmal during paid Maternity Leave and cntinue t be payable during unpaid leave. On return t wrk, arrears f cntributins will be deducted by Salaries ver an agreed perid f time. Knwledge & Skills Framewrk 2.33 The expectatin is that an emplyee n maternity leave will prgress thrugh a KSF gateway n the due date if cncerns have nt been raised abut her ability t meet her KSF utline prir t maternity leave. Page 4 f 9 Page 3 f 8

5 NHS Business Services Authrity HR Plicies Maternity Leave Plicy 3. PROCEDURE Hw T Claim Maternity Leave and Pay 3.1 Frm BSA/M1 (see attached) shuld be cmpleted n later than the end f the 15th week befre the EWC and signed by the emplyee and their Line Manager r equivalent. The riginal frm shuld be sent t Crprate Finance with a cpy t Human Resurces. 3.2 Maternity Leave can start n any day f the week. Any Annual Leave t be taken befre the cmmencement f Maternity Leave shuld be taken int accunt. 3.3 On receipt f frm MAT B1 frm a Dctr r Midwife, the riginal shuld be sent t Crprate Finance, with a cpy t Human Resurces, at least 28 days befre the cmmencement f leave. Payrll can then determine whether the emplyee qualifies fr SMP. If nt, they will send frm SMP 1 tgether with the Maternity Certificate MAT B1 t the emplyee. These frms will be needed t claim Maternity Allwance frm Jbcentre Plus. 3.4 The emplyee will be ntified in writing f the end date f her leave within 28 days f receipt f her BSA/M1. Return T Wrk 3.5 If the emplyee wishes t take her full entitlement t Maternity Leave she need nt give any further ntificatin f her return t wrk. An emplyee has the right t return t her jb under her riginal cntract and n n less favurable terms and cnditins. 3.6 If she wishes t return t wrk befre the end f her full entitlement t leave, she must give at least 28 days ntice f her date f return. Frm BSA M2 will be included with the letter mentined in 3.4 abve fr use in these circumstances. 3.7 An emplyee has the right t apply t return t wrk n a part-time r flexible wrking basis. Applicatins shuld be made t their Line Manager and will be given fair and bjective cnsideratin. 4. HEALTH AND SAFETY 4.1 Where an emplyee is pregnant, has recently given birth r is breastfeeding, then a risk assessment f her wrking cnditins will be carried ut. If it is fund, r if a medical practitiner cnsiders, that an emplyee r her child wuld be at risk were she t cntinue with her nrmal duties, she will be prvided with suitable alternative wrk fr which she will receive her nrmal rate f pay. Where it is nt reasnably practicable t ffer suitable alternative wrk, the emplyee will be suspended n full pay. 4.2 These prvisins als apply t an emplyee wh is breastfeeding if it is fund that her nrmal duties wuld prevent her frm successfully breastfeeding. 5. COMPULSORY PERIOD OF MATERNITY LEAVE 5.1 The legal minimum perid f maternity leave which an emplyee is required t take is 2 weeks. This will cmmence n the day that the baby is brn. Page 5 f 9 Page 4 f 8

6 NHS Business Services Authrity HR Plicies Maternity Leave Plicy 6. CHILDCARE CO-ORDINATOR 6.1 The NHSBSA prvides access t a Childcare C-rdinatr. The Childcare C-rdinatr prvides infrmatin n the childcare vucher scheme and prvisins available lcally. 7. KEEPING IN TOUCH 7.1 Befre ging n maternity leave emplyees shuld discuss and agree with their Line Manager any vluntary arrangements fr keeping in tuch. It shuld be nted that staff absent n maternity leave shuld receive details f vacancies and ther pertinent business infrmatin, this is nrmally dne via the pst t the emplyees hme address. 7.2 Keeping in Tuch (KIT) days allw emplyees t d a limited amunt f wrk under their cntract during the Maternity Pay Perid withut lss f SMP fr the week. They are intended t facilitate a smth return t wrk fr wmen returning frm maternity leave and can include training r ther activities which enable the emplyee t keep in tuch with the wrkplace. 7.3 An emplyee may wrk a maximum f 10 KIT days withut bringing her maternity leave t an end. Any days f wrk will nt extend the maternity perid. 7.4 An emplyee may nt wrk during the tw weeks f cmpulsry maternity leave immediately after the birth f her baby. 7.5 Wrking fr part f any day will cunt as a whle KIT day. 7.6 The emplyee will be paid at their basic daily rate fr the hurs wrked less apprpriate maternity leave payment fr KIT days wrked 7.7 Any wrk must be by agreement and neither the emplyer nr the emplyee can insist upn it. 7.8 Emplyees wh are breastfeeding will be risk assessed in accrdance with Sectin 4.2 and facilities will be prvided, where pssible, in accrdance with Sectin In certain circumstances, the NHSBSA may cnsider the reimbursement f reasnable childcare csts in rder t enable the emplyee t take up the pprtunity t wrk KIT days. 8. PROVISION FOR NURSING MOTHERS 8.1 If yu are a nursing mther returning t wrk, please infrm yur Line Manager as sn as pssible s they are able t make the necessary arrangements. 8.2 An emplyee wh is breastfeeding will be given suitable access t a private rm t express and stre milk in an apprpriate refrigeratr. Requests fr flexible wrking arrangements t supprt breastfeeding mthers at wrk will be cnsidered. Page 6 f 9

7 NHS Business Services Authrity HR Plicies Maternity Leave Plicy Frm BSA/M1 (A) ONE YEARS RELEVANT CONTINUOUS SERVICE by 11 WEEKS BEFORE EWC FULL NAME PERSONAL NUMBER CONTINUOUS SERVICE DATE IN NHS DIVISION/ORGANISATION START DATE WITH THE NHSBSA EXPECTED DATE OF CHILDBIRTH MAT B1 ATTACHED YES / NO If nt, please frward at least 28 days prir t cmmencement f leave. I have read and understd the Maternity Plicy issued by the Authrity in the Human Resurces Manual and wish t claim; 52 weeks Maternity Leave including 39 weeks ccupatinal and statutry maternity pay, and unpaid leave f up t 13 weeks. I will return t wrk n later than 52 weeks after the cmmencement f my leave. PLEASE TICK YOUR OPTION I hereby declare that; 1. It is my intentin t return t wrk fr at least 3 mnths after my Maternity Leave. 2. If I d nt return fr at least 3 mnths I agree t repay any mney nt due t me. 3. I will infrm the Authrity in writing nt later than 28 days befre my date f return shuld I wish t return befre the end f 52 weeks leave OR 52 weeks Maternity Leave including 6 weeks Maternity Pay at 90% f full pay, a further 33 weeks at a flat rate sum and a further 13 weeks unpaid maternity leave and the right t return t wrk. OR 6 weeks Maternity Pay at 90% f full pay and a further 33 weeks at a flat rate sum. I d nt wish t return t wrk. I wish my first day f maternity leave t be Signed Emplyee Signed Manager Signed HR Please frward the riginal f this frm t Salaries with a cpy t Human Resurces BY 15TH WEEK BEFORE YOUR EXPECTED WEEK OF CHILDBIRTH. Page 7 f 9

8 NHS Business Services Authrity HR Plicies Maternity Leave Plicy 26 WEEKS CONTINUOUS SERVICE BY 15 WEEKS BEFORE EWC Frm BSA/M1 (B) FULL NAME PERSONAL NUMBER CONTINUOUS SERVICE DATE IN NHS DIVISION/ORGANISATION START DATE WITH THE NHSBSA EXPECTED DATE OF CHILDBIRTH MAT B1 ATTACHED YES / NO If nt, please frward at least 28 days prir t cmmencement f leave I have read and understd the Maternity Plicy issued by the Authrity in the Human Resurces Manual and wish t claim; 52 weeks Maternity Leave and the right t return t wrk. Emplyees with at least 26 weeks cntinuus service wh als meet the earnings rule will be entitled t Statutry Maternity Pay payable fr 6 weeks at 90% f full pay and a further 33 weeks at a flat rate sum. OR 6 weeks Maternity Pay at 90% f full pay and a further 33 weeks at a flat rate sum prvided I have at least 26 weeks service and meet the earnings rule. I d nt wish t return t wrk. PLEASE TICK YOUR OPTION I wish my first day f maternity leave t be Signed Emplyee Signed Manager Signed HR Please frward the riginal f this frm t Salaries with a cpy t Human Resurces BY 15TH WEEK BEFORE YOUR EXPECTED WEEK OF CHILDBIRTH. Page 8 f 9

9 NHS Business Services Authrity HR Plicies Maternity Leave Plicy Frm BSA/M1 (C) LESS THAN 26 WEEKS CONTINUOUS SERVICE BY 15 WEEKS BEFORE EWC FULL NAME PERSONAL NUMBER CONTINUOUS SERVICE DATE IN NHS DIVISION/ORGANISATION START DATE WITH THE NHSBSA EXPECTED DATE OF CHILDBIRTH MAT B1 ATTACHED YES / NO If nt, please frward at least 28 days prir t cmmencement f leave I have read and understd the Maternity Plicy issued by the Authrity in the Human Resurces Manual and wish t claim; 52 weeks Maternity Leave and the right t return t wrk. Emplyees wh have wrked, and paid Natinal Insurance cntributins, in 26 ut f the 66 weeks ending with the week befre the expected week f childbirth may be entitled t receive up t 39 weeks Maternity Allwance. OR I wish t terminate my emplyment due t my pregnancy PLEASE TICK YOUR OPTION I wish my first day f maternity leave t be Signed Emplyee Signed Manager Signed HR Please frward the riginal f this frm t Salaries with a cpy t Human Resurces BY 15TH WEEK BEFORE YOUR EXPECTED WEEK OF CHILDBIRTH. Page 9 f 9