Maternity, Adoption and Parental Leave Guide for Teachers and their Managers

Transcription

1 MATERNITY, ADOPTION AND PARENTAL LEAVE GUIDE FOR TEACHERS AND THEIR MANAGERS INTRODUCTION... 2 SECTION A: LESS THAN 26 WEEKS CONTINUOUS SERVICE... 9 DOES SECTION A APPLY TO ME?... 9 WHAT ARE MY MATERNITY LEAVE AND MATERNITY PAY ENTITLEMENTS? HOW MUCH MATERNITY LEAVE CAN I TAKE? WHAT MATERNITY PAY WILL I RECEIVE? WHO DO I HAVE TO TELL THAT I AM GOING ON MATERNITY LEAVE AND WHEN? SECTION B: BETWEEN 26 WEEKS AND ONE YEAR S CONTINUOUS SERVICE DOES SECTION B APPLY TO ME? WHAT ARE MY MATERNITY LEAVE AND MATERNITY PAY ENTITLEMENTS? HOW MUCH MATERNITY LEAVE CAN I TAKE? WHAT MATERNITY PAY WILL I RECEIVE? WHO DO I HAVE TO TELL THAT I AM GOING ON MATERNITY LEAVE AND WHEN? SECTION C: ONE YEAR S CONTINUOUS SERVICE OR MORE DOES SECTION C APPLY TO ME? WHAT ARE MY MATERNITY LEAVE AND MATERNITY PAY ENTITLEMENTS? HOW MUCH MATERNITY LEAVE CAN I TAKE? WHAT MATERNITY PAY WILL I RECEIVE? WHO DO I HAVE TO TELL THAT I AM GOING ON MATERNITY LEAVE AND WHEN? SECTION D: ADOPTION LEAVE SECTION E: FREQUENTLY ASKED QUESTIONS MATERNITY AND ADOPTION SECTION F: SHARED PARENTAL LEAVE WHAT IS SHARED PARENTAL LEAVE (SPL)? WHO IS ELIGIBLE FOR SHARED PARENTAL LEAVE (SPL)? SHARED PARENTAL LEAVE ENTITLEMENT NOTICE REQUIREMENTS FOR SHARED PARENTAL LEAVE RESPONDING TO A SHARED PARENTAL LEAVE NOTIFICATION STATUTORY SHARED PARENTAL PAY (ShPP) ELIGIBILITY FOR STATUTORY SHARED PARENTAL PAY (ShPP) RIGHTS DURING SHARED PARENTAL LEAVE CONTACT DURING SHARED PARENTAL LEAVE SHARED PARENTAL LEAVE IN TOUCH DAYS (SPLIT) APPENDIX 1: USEFUL CONTACTS April 2015 Page 1 of 48

2 INTRODUCTION MATERNITY Congratulations on expecting a baby! This guide tells you and your manager 1 how much maternity leave you are entitled to and explains if you are entitled to any maternity pay. It gives information about your other rights as an expectant or new mother and answers a lot of the most frequently asked questions about pregnancy and employment, including childcare arrangements. Entitlements to different amounts of maternity leave and maternity pay vary depending on length of service and earnings. These different entitlements are summarised in the charts following this introduction on pages 4 and 5 but the booklet also contains 3 separate Sections (A to C) giving full details about employees different entitlements. You should read the section of this booklet which covers your own circumstances, together with Sections E (Frequently Asked Questions Maternity and Adoption) and F (Shared Parental Leave) and the appendix, which give extra information that may interest you. You need to keep track of the dates that matter to avoid the risk of losing your rights. Please speak to your manager as early as possible in your pregnancy, so that you are very clear about your position, and at any other time if you have a question or problem. You or your manager may also wish to seek advice from Human Resources. Should you have any further enquiries, please contact the HR Service Desk. ADOPTION This guide also encompasses adoptive parents who are eligible for similar leave and pay provisions as an equivalent natural mother. Only one adoptive parent of a couple will be entitled to this provision at any time; however, the partner of the employee who adopts will be entitled to paternity leave and there is the option to share adoption leave, see Section F on Shared Parental Leave for further information. Only one period of leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement. Please see Section D for further details about Adoption Leave and Pay. 1 If you are employed in a school, wherever the term manager appears throughout this booklet you should replace it with Headteacher or other senior member of the school s staff unless you are a Headteacher, in which case you should replace it with Chairman of Governors. April 2015 Page 2 of 48

3 NEXT STEPS: Please now turn to whichever of the following sections applies to you: SECTION A (page 9) Teachers with less than 26 weeks continuous service with Bucks C.C. (or with the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School) by the end of the 15 th week before the Expected Week of Childbirth. SECTION B (page 13) Teachers with between 26 weeks and one year s continuous service with Bucks C.C. (or with the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School) by the end of the 15 th week before the Expected Week of Childbirth. SECTION C (page 18) Teachers with at least one year s continuous service as a teacher with Bucks C.C., other Local Education Authorities, Voluntary Aided and Foundation Schools, by the 11 th week before the Expected Week of Childbirth. SECTION D (page 24) For teachers who plan to adopt a child. April 2015 Page 3 of 48

4 STATUTORY ENTITLEMENT TO MATERNITY LEAVE Pregnant Teacher is given the date of her Expected Week of Childbirth (EWC) Qualifying Date: What is Teacher's Length of Service? Under 26 weeks continuous service by the 15th week before EWC Between 26 weeks' and one year's continuous service by 15th week before EWC At least 1 year's continuous service by 11th week before EWC Up to 52 weeks' maternity leave made up of: 26 weeks' Ordinary Maternity Leave (OML) and 26 weeks' Additional Maternity Leave (AML) April 2015 Page 4 of 48

5 STATUTORY AND OCCUPATIONAL ENTITLEMENT TO MATERNITY PAY Pregnant Teacher is given the date of her Expected Week of Childbirth (EWC) Qualifying Date: What is Teacher's Length of Service? Under 26 weeks continuous service by the 15th weeks before EWC Between 26 weeks' and one year's continuous service by 15th week before EWC At least 1 year's continuous service as a Teacher in Bucks CC or other LEA by 11th week before EWC and 26 weeks' continuous service by 15th week before EWC at individual school Is Teacher earning average weekly pay of at least lower earnings limit? (1) Is Teacher earning average weekly pay of at least lower earnings limit? (1) Is Teacher earning average weekly pay of at least lower earnings limit? (1) NO YES NO YES NO YES No entitlement to Statutory Maternity Pay or Maternity Allowance. Teacher to contact Job Centre Plus for advice on other benefits Teacher may be entitled to 39 weeks' Maternity Allowance (2) - Teacher to check eligibility with Job Centre Plus Teacher may be entitled to 39 weeks' Maternity Allowance (2) - Teacher to check eligibility with Job Centre Plus Teacher entitled to 39 weeks' Statutory Maternity Pay (SMP) (3) made up of: 6 weeks' at 90% of average weekly pay 33 weeks' lower rate SMP (see Weekly Rates Sheet) Teacher may be entitled to 39 weeks' Maternity Allowance - Teacher to check eligibility with Job Centre Plus PLUS Occupational Maternity Pay made up of: 4 weeks' full pay 2 90% of average weekly pay 12 weeks' half pay (6) provided Teacher returns to work (7) Teacher entitled to 39 weeks' Statutory Maternity Pay (3) and Occupational Maternity pay (4) made up of: 4 weeks at full pay 2 weeks at 90% average weekly pay (5) 33 weeks at lower rate SMP plus 12 of the 33 weeks at half pay (6) provided the Teacher returns to work for the minimum period of time (7) Please refer to notes that go with this flowchart on page 7 and 8 of this guide. April 2015 Page 5 of 48

6 STATUTORY AND OCCUPATIONAL ENTITLEMENT TO ADOPTION LEAVE AND PAY Teacher is Matched for adoption Qualifying Date: What is Teacher's Length of Service? Under 26 weeks continuous service ending with the week in which the Teacher is notified of being matched with a child for adoption Between 26 weeks and 1 year s continuous service ending with the week in which the Teacher is notified of being matched with a child for adoption At least 1 year s continuous service ending with the week in which the Teacher is notified of being matched with a child for adoption Is Teacher earning average weekly pay of at least lower earnings limit (1) Is Teacher earning average weekly pay of at least lower earnings limit (1) Is Teacher earning average weekly pay of at least lower earnings limit (1) NO YES NO YES NO YES Leave Entitlement: Leave Entitlement and Pay: Up to 52 weeks adoption leave made up of: 26 weeks Ordinary Adoption Leave 26 weeks Additional Adoption Leave Pay Entitlement They should contact their local Job Centre Plus for advice on other benefits they may be entitled to Teacher should contact their local Job Centre Plus for advice on other benefits they may be entitled to Leave Entitlement: Up to 52 weeks' Adoption leave made up of: 26 weeks' Ordinary Adoption Leave 26 weeks' Additional Adoption Leave Pay Entitlement: 39 weeks' of Statutory Adoption Pay (SAP) (3) at the SAP rate (see Weekly Rates Sheet) Leave Entitlement: Up to 52 weeks' adoption leave made up of: 26 weeks' Ordinary Adoption Leave 26 weeks' Additional Adoption Leave Pay Entitlement: As the Teacher's earnings do not reach the lower earnings limit (1) they should get in touch with their local Job Centre Plus for advice on other benefits they may be entitled to Up to 52 weeks' adoption leave made up of: 26 weeks' Ordinary Adoption Leave & 26 weeks' Additional Adoption Leave Pay Entitlement: 39 weeks' of Statutory Adoption Pay (SAP) (3) at the SAP rate (see Weekly Rates Sheet) PLUS Occupational Adoption Pay made up of: 4 weeks at full pay 2 weeks at 90% of average weekly pay 33 weeks at lower rate SAP plus 12 of the 33 weeks at half pay (6) provided the Teacher returns to work for the minimum period of time (7) Please refer to notes that go with this flowchart on page 7 and 8 of this guide. April 2015 Page 6 of 48

7 1) Lower Earnings Limit The current lower earnings limit, relevant for National Insurance purposes and set by the Government, is shown on the Maternity Rates sheet. This limit is revised April each year. 2) To be entitled to Maternity Allowance you must: be employed by Bucks C.C. (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School) regardless of the length of service not be entitled to Statutory Maternity Pay have earnt an average of 30 a week in your test period. The test period is the period of 66 weeks up to and including the week before the baby is due. Your average earnings are worked out using earnings from any 13 weeks in the test period. Please note that Bucks C.C./school governing bodies do not pay Maternity Allowance: you will need to claim this from your local Job Centre Plus Office. The current Maternity Allowance rate is shown on the Maternity Rates sheet. Employees, who are planning to adopt but who are not entitled to Statutory Adoption Pay, may be able to claim Income Support from the Job Centre Plus. 3) To be entitled to Statutory Maternity Pay you must: be employed continuously by Bucks C.C. (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School if you are employed by one of these) for 26 weeks by the end of the 15 th week before your Expected Week of Childbirth. be pregnant and have reached, or have given birth before reaching, the start of the 11 th week before your Expected Week of Childbirth. Your Expected Week of Childbirth is the week in which your baby is officially expected to arrive, as stated on the Maternity Certificate MAT B1 given to you by a registered medical practitioner or a registered midwife. have average weekly pay of at least the Government s Lower Earnings Limit for National Insurance (N.I.) purposes. This is a lower amount than the amount when you have to start paying N.I. contributions (see attachment for current amount). Your average weekly pay is based on your gross taxable pay during the 8 weeks up to and including the 15 th week before your Expected Week of Childbirth. have stopped working for your employer in order to start maternity leave. To be entitled to Statutory Adoption Pay you must: have 26 weeks continuous service with Buckinghamshire County Council (Bucks C.C.) (or with the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School) ending with the week in which you are notified of being matched with a child for adoption. April 2015 Page 7 of 48

8 be newly matched with a child for adoption by an approved adoption agency. Adoption leave and pay is not available in circumstances where a child is not newly placed for adoption, for example when a step-parent is adopting a partner s child. have stopped working for your employer in order to start adoption leave. You must be an employee of Bucks C.C. when you commence your adoption leave. earn at least the Lower Earnings Limit to pay National Insurance. 4) To be entitled to Occupational Maternity or Occupational Adoption Pay you must have at least one years continuous service as a Teacher with Bucks C.C., other Local Education Authorities, Voluntary Aided Schools and Foundation Schools, by the 11 th week before your Expected Week of Childbirth and be earning at least the Lower Earnings Limit. 5) Your average weekly pay is based on your gross taxable pay during the 8 weeks up to and including the 15 th week before your Expected Week of Childbirth. 6) A week s pay, if you have normal working hours, is the amount you are paid for working your normal hours in a week. If you do not have normal working hours, a week s pay is your average pay in the last 12 complete weeks before going on maternity leave, excluding any week in which you did not earn anything. 7) The total amount you receive (which may include Lower Rate Statutory Maternity Pay, Maternity Allowance or other state benefits, Statutory Adoption Pay, Half Pay, etc.) cannot be more than your normal full pay, and would be reduced to the level of your normal full pay if necessary, providing this is more than your Statutory benefits. April 2015 Page 8 of 48

9 SECTION A: LESS THAN 26 WEEKS CONTINUOUS SERVICE TEACHERS WITH LESS THAN 26 WEEKS CONTINUOUS SERVICE BY THE END OF THE 15 TH WEEK BEFORE THE EXPECTED WEEK OF CHILDBIRTH This section covers employees who may be entitled to: Ordinary Maternity Leave Additional Maternity Leave Maternity Allowance only DOES SECTION A APPLY TO ME? Section A applies to you if: (i) you are employed by Buckinghamshire County Council (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School); (ii) you have been continuously employed by Buckinghamshire County Council (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School) for less than 26 weeks by the end of the 15 th week before your Expected Week of Childbirth; and (iii) you are earning on average 30 1 a week or more, or paying National Insurance contributions. If you are earning less than this you are still entitled to maternity leave but you are not entitled to Maternity Allowance 2. 1 Current at the time of writing. 2 If you are not entitled to Maternity Allowance you may be entitled to Incapacity Benefit, Income Support or Working Families Tax Credit. You would need to approach your local Job Centre Plus Office regarding your eligibility. April 2015 Page 9 of 48

10 WHAT ARE MY MATERNITY LEAVE AND MATERNITY PAY ENTITLEMENTS? 26 weeks Ordinary Maternity Leave 26 weeks Additional Maternity Leave. This starts immediately after Ordinary Maternity Leave. Maternity Allowance: 39 weeks at the Maternity Allowance rate as set annually by the Government. For current rate please see Maternity Rates sheet. This amount is not paid by your employer but should be claimed from your local Job Centre Plus Office. HOW MUCH MATERNITY LEAVE CAN I TAKE? All employees are entitled to 26 weeks Ordinary Maternity Leave plus 26 weeks Additional Maternity Leave, regardless of their length of service. Your entitlement to maternity pay during this 52-week period is covered below. You cannot begin your maternity leave any earlier than the start of the 11 th week before your Expected Week of Childbirth unless your baby is born earlier than this date. This means that you can take a maximum of 11 weeks leave (out of your total of 52) before your baby is actually born, unless the baby arrives later than expected. By law, you must take a minimum of 2 weeks compulsory Ordinary Maternity Leave after childbirth, beginning with the day on which the baby is born. Your maternity leave includes any periods when your workplace is closed. During your maternity leave, you will continue to build up continuous service for the purposes of the pension scheme (if you are a member and you make the necessary pension contributions), sick pay entitlements and annual leave. April 2015 Page 10 of 48

11 WHAT MATERNITY PAY WILL I RECEIVE? For the first 39 weeks of your maternity leave you are entitled to be paid Maternity Allowance, by your local Job Centre Plus office, at a rate that is set annually by the Government. See Maternity Rates sheet. To be entitled to Maternity Allowance you must: (i) be employed by Buckinghamshire County Council (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School); (ii) have been employed by Buckinghamshire County Council (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School) for less than 26 weeks by the end of the 15 th week before your Expected Week of Childbirth; and (iii) have worked at least 26 weeks out of the 66 weeks before the expected week of childbirth and be earning on average 30 a week or more, or paying National Insurance Contributions. Shortly after you have sent your completed Maternity/Adoption Notification form to the HR Transactions team, the HR Department will send you a form SMP 1. They will fill in some of the information on this form and you will need to add other details. Then, if you send (or take) the completed form to the Aylesbury Job Centre Plus Office (see Appendix 1 for address and telephone number) the Job Centre Plus Office will decide whether or not you are entitled to State Maternity Allowance. Alternatively, you can ask your antenatal clinic or Job Centre Plus Office for a MA1 Maternity Allowance claim form. WHO DO I HAVE TO TELL THAT I AM GOING ON MATERNITY LEAVE AND WHEN? It is to your advantage to tell your manager that you are pregnant as soon as you can. Once you have actually informed your manager, he/she is then legally required by the Management of Health & Safety at Work Regulations 1999 to re-assess any risks in your work activity and to take steps to protect you as an expectant and new mother (further details can be found in Section E, Frequently Asked Questions). Please note, however, that if you do not submit the required notification form for maternity leave in writing by the legal deadline you may lose your rights. There is a statutory requirement that you must inform your manager, by the end of the 15 th week before your expected week of childbirth, of the following: that you are pregnant the week your baby is expected to be born April 2015 Page 11 of 48

12 when you want your maternity leave to start (although you may change the date by giving 28 days notice). If, exceptionally, you are unable to give the required notice, you must notify your manager as soon as you reasonably can. To comply with the above, you should obtain a copy of the Authority s form entitled Maternity/Adoption Notification Form from Schoolsweb or the HR Service Desk (see Appendix 1 for address and telephone number). You must complete this form as a formal notification that you intend to take maternity leave, and send it to the HR Transactions team, 11 th floor, NCO and give a copy to your manager. It would be helpful if you could do this as soon as you can but you must do this by the end of the 15 th week before the expected week of childbirth (unless you are unable to, for example because your baby is born prematurely). If you wish to change the date you want your maternity leave to start you may do so but you must inform your manager, giving 28 days notice. You might find it useful at this stage to contact the HR Service Desk, who can provide further advice and information about maternity leave (see Appendix 1 for address and telephone number). The notification form asks you for information about who you are and where you work. It asks you to confirm the date on which you intend your maternity leave to begin, which cannot be any earlier than the start of the 11 th week before your Expected Week of Childbirth. You must obtain a certificate to confirm your Expected Week of Childbirth, from a registered medical practitioner or a registered midwife. This certificate is called a Maternity Certificate MAT B1. You should attach your Maternity Certificate MAT B1 to the Notification Form and send them to the HR Transactions team. The notification form does not ask you to declare whether or not you intend to return to work, but it would be helpful if you could provide this information. However, you do not have to make the decision at this stage. You will receive an SMP1 form from the Human Resources Department, which will enable you to claim Maternity Allowance. You will also receive an acknowledgement from Human Resources within 28 days confirming the date you are expected to return to work, assuming you take your maximum leave entitlement. PLEASE NOW TURN TO SECTION E (page 27) April 2015 Page 12 of 48

13 SECTION B: BETWEEN 26 WEEKS AND ONE YEAR S CONTINUOUS SERVICE TEACHERS WITH BETWEEN 26 WEEKS AND ONE YEAR S CONTINUOUS SERVICE BY THE END OF THE 15 TH WEEK BEFORE THE EXPECTED WEEK OF CHILDBIRTH This section covers employees who may be entitled to: Ordinary Maternity Leave Additional Maternity Leave Statutory Maternity Pay and/or Maternity Allowance DOES SECTION B APPLY TO ME? Section B applies to you if: (i) (ii) you are employed by Buckinghamshire County Council (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School); you have between 26 weeks and one year s continuous service with Bucks C.C., (or with the Governing Body of a single Bucks Voluntary Aided or Foundation School) by the end of the 15 th week before your Expected Week of Childbirth; and (iii) your average weekly pay is at least the Government s Lower Earnings Limit for National Insurance purposes. If you are earning less than this you are not entitled to Statutory Maternity Pay. You may however be entitled to claim Maternity Allowance from the Job Centre Plus Office. April 2015 Page 13 of 48

14 WHAT ARE MY MATERNITY LEAVE AND MATERNITY PAY ENTITLEMENTS? 26 weeks Ordinary Maternity Leave 26 weeks Additional Maternity Leave. This starts immediately after Ordinary Maternity Leave. 6 weeks at 90% of your average weekly pay 4 (which equates to Higher Rate Statutory Maternity Pay) provided you qualify. 33 weeks at Lower Rate Statutory Maternity Pay (see Maternity Rates sheet for current amount) provided you qualify. If you do not qualify for Statutory Maternity Pay you may qualify for Maternity Allowance 6 from the Job Centre Plus Office. HOW MUCH MATERNITY LEAVE CAN I TAKE? You have an entitlement to up to 52 weeks maternity leave. To qualify you must: have been continuously employed by Bucks C.C. (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School if you are employed by one of these) for at least 26 weeks by the end of the 15 th week before your Expected Week of Childbirth. Please note that you must have been with a single employer for this length of time. Previous continuous service in local government somewhere else does not count for this purpose (unless you have been legally transferred from another employer). be pregnant and have reached, or have given birth before reaching, the start of the 11 th week before your Expected Week of Childbirth. Your first entitlement is to 26 weeks Ordinary Maternity Leave. You cannot begin your maternity leave any earlier than the start of the 11 th week before your Expected Week of Childbirth unless 4 6 Your average weekly pay is based on your gross taxable pay during the 8 weeks up to and including the 15th week before your Expected Week of Childbirth. If you are not entitled to Maternity Allowance you may be entitled to Incapacity Benefit, Income Support or Working Families Tax Credit. You would need to approach your Job Centre Plus Office regarding your eligibility. April 2015 Page 14 of 48

15 your baby is born earlier than this date. This means that you can take a maximum of 11 weeks leave before your baby is actually born, unless the baby arrives later than expected. By law, you must take a minimum of 2 weeks compulsory ordinary Maternity Leave after childbirth, beginning with the day on which the baby is born. Your next entitlement is to up to 26 weeks Additional Maternity Leave, unless you wish to return to work earlier. During any period of additional maternity leave, you will continue to build up continuous service for the purposes of the pension scheme (if you are a member and you make the necessary pension contributions), sick pay entitlement and annual leave. Your maternity leave includes any periods when your workplace is closed. WHAT MATERNITY PAY WILL I RECEIVE? During your 26 weeks Ordinary Maternity Leave you are entitled to be paid Statutory Maternity Pay by Bucks C.C. (or by the Governing Body of a Voluntary Aided or Foundation School if you are employed by one of these). Those who do not qualify for Statutory Maternity Pay may qualify to claim Maternity Allowance from their local Job Centre Plus Office. To qualify for Statutory Maternity Pay you must: have been continuously employed by Bucks C.C. (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School if you are employed by one of these) for at least 26 weeks by the end of the 15 th week before your Expected Week of Childbirth. Please note that you must have been with a single employer for this length of time: previous continuous service in local government somewhere else does not count for this purpose (unless you have been legally transferred from another employer); be pregnant and have reached, or have given birth before reaching, the start of the 11 th week before your Expected Week of Childbirth; have average weekly pay of at least the Government s Lower Earnings Limit for National Insurance purposes; have stopped working for your employer in order to start maternity leave. Employees who do not qualify for Statutory Maternity Pay (for example, if your average weekly pay is less than the Government s Lower Earnings Limit for National Insurance purposes) may qualify for Maternity Allowance from the Government s Job Centre Plus Office. If you are not entitled to Statutory Maternity Pay, shortly after you have given your manager your completed Maternity/Adoption Leave Notification Form, the Payroll Section will send you a form SMP 1. The Payroll Section will fill in some of the information on this form and you will need to add other details. Then, if you send (or take) the completed form to the Aylesbury Job Centre Plus Office (see Appendix 1 for address and telephone number) the Job Centre Plus Office will decide whether or not you are entitled to Maternity Allowance. April 2015 Page 15 of 48

16 Alternatively, you can ask your antenatal clinic or Job Centre Plus Office for a MA1 Maternity Allowance claim form. For the first 6 weeks of your Ordinary Maternity Leave you will be paid 90% of your average weekly pay (which equates to Higher Rate Statutory Maternity Pay) provided you qualify for this. Adoptive parents will receive Statutory Adoption Pay for this period, provided they qualify. For the next 33 weeks you will be paid Lower Rate Statutory Maternity Pay (see Maternity Rates sheet for current amount) provided you qualify for this. During the 33 weeks, the total amount you receive (which may include Lower Rate Statutory Maternity Pay, Maternity Allowance or other state benefits, Statutory Adoption Pay) cannot be more than your normal full pay, and would be reduced to the level of your normal full pay if necessary, providing this is more than your statutory maternity benefits. After the 39 weeks Statutory Maternity Pay period has come to an end, the remaining weeks are unpaid. You will receive your maternity pay in the same way as you are normally paid and your payslip will be sent to your home address. Deductions will be made, under the normal rules, for income tax and National Insurance contributions. Deductions will also be made for pension contributions if you are in the Teachers Pension Scheme. WHO DO I HAVE TO TELL THAT I AM GOING ON MATERNITY LEAVE AND WHEN? It is to your advantage to tell your manager that you are pregnant as soon as you can. Once you have actually informed your manager, he/she is then legally required by the Management of Health & Safety at Work Regulations 1999 to re-assess any risks in your work activity and to take steps to protect you as an expectant and new mother (further details can be found in Section E, Frequently Asked Questions). Please note, however, that if you do not submit the required notification for maternity leave in writing by the legal deadline you may lose your rights. There is a statutory requirement that you must inform your manager, by the end of the 15 th week before your Expected Week of Childbirth, of the following: that you are pregnant the week your baby is expected to be born when you want your maternity leave to start (although you may change the date by giving 28 days notice). If you are unable to give the required notice, you must notify your manager as soon as you reasonably can. To comply with the above, you should obtain a copy of the Authority s form entitled Maternity/Adoption Notification Form from the Schoolsweb or the HR Service Desk (see Appendix 1 for address and telephone number). You must complete this form as a formal notification that April 2015 Page 16 of 48

17 you intend to take maternity leave, and send it to the HR Transactions team, 11 th floor, NCO, Aylesbury and give a copy to your manager. It would be helpful if you could do this as soon as you can but you must do this by the end of the 15 th week before the expected week of childbirth (unless you are unable to, for example because your baby is born prematurely). If you wish to change the date you want your maternity leave to start you may do so but you must inform your manager, giving 28 days notice. You might find it useful at this stage to contact the HR Service Desk, who can provide further advice and information about maternity leave (see Appendix 1 for address and telephone number). The notification form asks you for information about who you are and where you work. It asks you to confirm the date on which you intend your maternity leave to begin, which cannot be any earlier than the start of the 11 th week before your Expected Week of Childbirth. You must obtain a certificate to confirm your Expected Week of Childbirth, from a registered medical practitioner or a registered midwife. This certificate is called a Maternity Certificate MAT B1. You should attach your Maternity Certificate MAT B1 to the Notification Form and submit the form and certificate as soon as possible to the HR Transactions team. The notification form does not ask you to declare whether or not you intend to return to work but it would be helpful if you could provide this information. However, you do not have to make the decision at this stage. Human Resources will notify the Payroll Section and the Bucks C.C. Pensions Section. If you do not qualify for Statutory Maternity Pay you will receive an SMP1 form from the Payroll Section, which will enable you to claim Maternity Allowance, if you are entitled. Human Resources will respond to your Maternity Notification request in writing within 28 days. This confirmation will set out the date on which you are expected to return if you take your full maternity entitlement. You will receive no further communication and you are not expected to respond. However, you will be expected to give 8 weeks (56 days ) notice in writing if you intend to return earlier than the notified date. PLEASE NOW TURN TO SECTION E (page 27) April 2015 Page 17 of 48

18 SECTION C: ONE YEAR S CONTINUOUS SERVICE OR MORE TEACHERS WITH AT LEAST ONE YEAR S CONTINUOUS SERVICE AS A TEACHER WITH BUCKS C.C., OTHER LOCAL EDUCATION AUTHORITIES, VOLUNTARY AIDED SCHOOLS AND FOUNDATION SCHOOLS This section covers Teachers who may be entitled to: Ordinary Maternity Leave Additional Maternity Leave Statutory Maternity Pay and/or Maternity Allowance Occupational Maternity Pay DOES SECTION C APPLY TO ME? Section C applies to you if: (i) You have been continuously employed as a Teacher by Bucks C.C., other Local Education Authorities, Voluntary Aided Schools and Foundation Schools, for at least one year by the 11 th week before your Expected Week of Childbirth April 2015 Page 18 of 48

19 WHAT ARE MY MATERNITY LEAVE AND MATERNITY PAY ENTITLEMENTS? 26 weeks Ordinary Maternity Leave 26 weeks Additional Maternity Leave. This starts immediately after Ordinary Maternity Leave. 4 weeks Occupational Maternity Pay at Full Pay (i.e. your average weekly pay) 2 weeks at 90% of your average weekly pay 4 (which equates to Higher Rate Statutory Maternity Pay) 33 weeks at Lower Rate Statutory Maternity Pay (see Maternity Rates sheet for current amount) provided you qualify plus 12 of the 33 weeks at Half Pay (i.e. half a week s pay) 5 if you opt to take it. If you do not qualify for Statutory Maternity Pay you may qualify for Maternity Allowance 6 from the Job Centre Plus Office. HOW MUCH MATERNITY LEAVE CAN I TAKE? You have an entitlement to up to 52 weeks maternity leave. Your first entitlement is to 26 weeks Ordinary Maternity Leave. You cannot begin your maternity leave any earlier than the start of the 11 th week before your Expected Week of Childbirth unless your baby is born earlier than this date. This means that you can take a maximum of 11 weeks leave before your baby is actually born, unless the baby arrives later than expected. By law, you must take a minimum of 2 weeks compulsory ordinary Maternity Leave after childbirth, beginning with the day on which the baby is born. Your next entitlement is to up to 26 weeks Additional Maternity Leave, unless you wish to return to work earlier than this. During any period of additional maternity leave, you will continue to build up continuous service for the purposes of the pension scheme (if you are a member). Your maternity leave includes any periods when your workplace is closed Your average weekly pay is based on your gross taxable pay during the 8 weeks up to and including the 15th week before your Expected Week of Childbirth. A week s pay, if you have normal working hours, is the amount you are paid for working your normal hours in a week. If you do not have normal working hours, a week s pay is your average pay in the last 12 complete weeks before going on maternity leave, excluding any week in which you did not earn anything. If you are not entitled to Maternity Allowance you may be entitled to Incapacity Benefit, Income Support or Working Families Tax Credit. You would need to approach your Job Centre Plus Office regarding your eligibility. April 2015 Page 19 of 48

20 WHAT MATERNITY PAY WILL I RECEIVE? During your 26 weeks Ordinary Maternity Leave you are entitled to be paid Occupational Maternity Pay by Bucks C.C. (or by the Governing Body of a Voluntary Aided or Foundation School if you are employed by one of these). This will include the statutory element of maternity pay for those employees who qualify. Those who do not qualify for Statutory Maternity Pay may qualify to claim Maternity Allowance from their local Job Centre Plus Office. To qualify for Statutory Maternity Pay you must: have been continuously employed by Bucks C.C. (or by the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School if you are employed by one of these) for at least 26 weeks by the end of the 15 th week before your Expected Week of Childbirth. Please note that you must have been with a single employer for this length of time: previous continuous service in local government somewhere else does not count for this purpose (unless you have been legally transferred from another employer); be pregnant and have reached, or have given birth before reaching, the start of the 11 th week before your Expected Week of Childbirth; have average weekly pay of at least the Government s Lower Earnings Limit for National Insurance purposes; have stopped working for your employer in order to start maternity leave. Employees who do not qualify for Statutory Maternity pay (for example, if your average weekly pay is less than the Government s Lower Earnings Limit for National Insurance Purposes) may qualify for Maternity allowance from the Government s Job Centre Plus Office. If you are not entitled to Statutory Maternity Pay, shortly after you have given your manager your completed Maternity/Adoption Leave Notification Form, the Human Resources Department will send you a form SMP 1. They will fill in some of the information on this form and you will need to add other details. Then, if you send (or take) the completed form to the Aylesbury Job Centre Plus Office (See Appendix 1 for address and telephone number) Job Centre Plus will decide whether or not you are entitled to Maternity Allowance. Alternatively, you can ask your antenatal clinic or Job Centre Plus Office for a MA1 Maternity Allowance Claim Form. To qualify the Occupational Maternity Pay you must: have a least one year s continuous service with B.C.C., other Local Education Authorities, Voluntary Aided Schools and Foundation Schools, by the 11 th week before the Expected Week of Childbirth. Occupational Maternity Pay consists of: for the first 4 weeks of your Ordinary Maternity Leave you will be paid Full Pay (Statutory Maternity Pay will make up 90% of this) For the next 2 weeks of your Ordinary Maternity Leave you will be paid 90% of your average weekly pay or Higher Rate Statutory Maternity Pay April 2015 Page 20 of 48

21 For the next 33 weeks of your Ordinary Maternity Leave you will be paid Lower Rate Statutory Maternity Pay (see Maternity Rates for current amount) provided you qualify for this. Also for 12 of the 33 weeks, you will receive Occupational Maternity Pay at Half Pay (i.e. half a week s pay) provided you return to work after your maternity leave for the minimum period of time. If you do not qualify for Statutory Maternity Pay you may qualify for Maternity Allowance for the full 39 weeks. To be entitled to keep the Occupational Maternity Pay, if you returned to work doing the same number of hours as before you would be required to work those hours for at least 3 months (including any periods when your workplace is closed). However, if your manager agreed to let you return on reduced hours the 3-month period would be proportionately longer (e.g. if you reduced your hours by 50% you would have to work those reduced hours for at least 6 months). You can choose whether you wish to be paid the 12 weeks Half Pay either each month as it becomes due or in a lump sum when you return to work. During the 33 weeks, the total amount you receive (which may include Lower Rate Statutory Maternity Pay, Maternity Allowance or other state benefits, Statutory Adoption Pay, Half Pay, etc.) cannot be more than your normal full pay, and would be reduced to the level of your normal full pay if necessary, providing this is more than your statutory maternity benefits. You will receive your maternity pay in the same way as you are normally paid and your payslip will be sent to your home address. Deductions will be made, under the normal rules, for income tax and National Insurance contributions. Deductions will also be made for pension contributions if you are in the Teachers Pension Scheme. After the 39 weeks Statutory Maternity Pay period has come to an end, the remaining weeks of Additional Maternity Leave are unpaid. WHO DO I HAVE TO TELL THAT I AM GOING ON MATERNITY LEAVE AND WHEN? It is to your advantage to tell your manager that you are pregnant as soon as you can. Once you have actually informed your manager, he/she is then legally required by the Management of Health & Safety at Work Regulations 1999 to re-assess any risks in your work activity and to take steps to protect you as an expectant and new mother (further details can be found in Section D, Frequently Asked Questions). Please note, however, that if you do not submit the required notification for maternity leave in writing by the legal deadline you may lose your rights. There is a statutory requirement that you must inform your manager, by the end of the 15 th week before your Expected Week of Childbirth, of the following: that you are pregnant the week your baby is expected to be born April 2015 Page 21 of 48

22 when you want your maternity leave to start (although you may change the date by giving 28 days notice). If you are unable to give the required notice, you must notify your manager as soon as you reasonably can. To comply with the above, you should obtain a copy of the Authority s form entitled Maternity/Adoption Notification Form from Schoolsweb or the HR Service Desk (see Appendix 1 for address and telephone number). You must complete this form as a formal notification that you intend to take maternity leave, and send it to the HR Transactions team, 11 th floor, NCO and give a copy to your manager. It would be helpful if you could do this as soon as you can but you must do this by the end of the 15 th week before the expected week of childbirth (unless you are unable to, for example because your baby is born prematurely). If you wish to change the date you want your maternity leave to start you may do so but you must inform your manager, giving 28 days notice. You might find it useful at this stage to contact the HR Service Desk, who can provide further advice and information about maternity leave (see Appendix 1 for address and telephone number). The notification form asks you for information about who you are and where you work. It asks you to confirm the date on which you intend your maternity leave to begin, which cannot be any earlier than the start of the 11 th week before your Expected Week of Childbirth. You must obtain a certificate to confirm your Expected Week of Childbirth, from a registered medical practitioner or a registered midwife. This certificate is called a Maternity Certificate MAT B1. You should attach your Maternity Certificate MAT B1 to the Notification Form and submit the form and certificate as soon as possible to the HR Transactions team. The notification form does not ask you to declare whether or not you intend to return to work but it would be helpful if you could provide this information. However, you do not have to make the decision at this stage. The notification form also asks you when you wish to be paid your 12 weeks Half Pay. This can be either: (i) each month, as it becomes due; or (ii) in a lump sum when you return to work. You may wish to make choice number (ii) if you are in any doubt, at this stage, about whether you will eventually want to return to work. You do not have to make a definite decision about returning to work until near the end of your 26-week period of Ordinary Maternity Leave. If you ask to receive the 12 weeks Half Pay each month as it becomes due, and then eventually decide not to return to work for the required period of time, you will have to repay it. You will not be allowed to keep it. However, you will be entitled to keep your other maternity payments. Human Resources will notify the Payroll Section and the Bucks C.C. Pensions Section. If you do not qualify for Statutory Maternity Pay you will receive an SMP1 form from the Payroll Section, which will enable you to claim Maternity Allowance, if you are entitled. April 2015 Page 22 of 48

23 Human Resources will respond to your Maternity Notification request in writing within 28 days. This confirmation will set out the date on which you are expected to return if you take your full maternity entitlement. You will receive no further communication and you are not expected to respond. However, you will be expected to give 8 weeks (56 days ) notice in writing if you intend to return earlier than the notified date. PLEASE NOW TURN TO SECTION E (page 27) April 2015 Page 23 of 48

24 SECTION D: ADOPTION LEAVE TEACHERS WITH 26 WEEKS CONTINUOUS SERVICE ENDING WITH THE WEEK IN WHICH THEY ARE NOTIFIED OF BEING MATCHED WITH A CHILD FOR ADOPTION This section covers employees who may be entitled to: Ordinary Adoption Leave Additional Adoption Leave Occupational Adoption Leave Statutory Adoption Pay and/or Income Support Occupational Adoption Pay PROVISIONS FOR EMPLOYEES ADOPTING: The provisions as stated in this guide for maternity are generally the same for adoptive parents with the following exceptions: If your matching date is on or after 5 th April 2015, there is no length of service requirement for adoption leave. With effect from 5th April 2015, the main adopter will be able to take paid time off for up to five adoption appointments. The secondary adopter will be entitled to take unpaid time off for up to two appointments. You must be newly matched with a child for adoption by an approved adoption agency. Adoption leave and pay is not available in circumstances where a child is not newly placed for adoption, for example when a step-parent is adopting a partner s child. You are requested to inform your manager of your intention to take adoption leave within 7 days of being informed by your adoption agency that you have been matched with a child for adoption, unless this is not reasonably practicable. You will need to inform your manager: when the child is expected to be placed with you when you want your adoption leave to begin (you may change start date provided you give 28 days notice) You will need to give your manager a Matching Certificate from your adoption agency as evidence of your entitlement to Statutory Adoption Leave and Pay. Adoption leave must start no later than the expected date of placement but can start up to 14 days before this date. April 2015 Page 24 of 48

25 You must have 26 weeks continuous service with Buckinghamshire County Council (Bucks C.C.) (or with the Governing Body of a single Buckinghamshire Voluntary Aided or Foundation School) ending with the week in which you are notified of being matched with a child for adoption to be entitled to Statutory Adoption Pay. Statutory Adoption pay is paid over a period of 39 weeks if you qualify (see Maternity Rates sheet for the amounts). For the first 6 weeks of your Ordinary Adoption Leave you will be paid 90% of your average weekly pay (which equates to Higher Rate Statutory Adoption Pay) provided you qualify for this. For the next 33 weeks you will be paid Lower Rate Statutory Adoption Pay (see Maternity Rates sheet for current amount) provided you qualify for this. During the 33 weeks, the total amount you receive (which may include Lower Rate Statutory Adoption Pay or other state benefits) cannot be more than your normal full pay, and would be reduced to the level of your normal full pay if necessary, providing this is more than your statutory adoption benefits. After the 39 weeks Statutory Adoption Pay period has come to an end, the remaining weeks are unpaid. You will receive your adoption pay in the same way as you are normally paid and your payslip will be sent to your home address. Deductions will be made, under the normal rules, for income tax and National Insurance contributions. Deductions will also be made for pension contributions if you are in the Teachers Pension Scheme. April 2015 Page 25 of 48

26 TEACHERS WITH AT LEAST ONE YEAR S CONTINUOUS SERVICE ENDING WITH THE WEEK IN WHICH THEY ARE NOTIFIED OF BEING MATCHED WITH A CHILD FOR ADOPTION If you have been continuously employed as a Teacher by Bucks C.C., other Local Education Authorities, Voluntary Aided Schools and Foundation Schools, for at least one year ending in the week in which you are notified of being matched with a child for adoption, in addition to Ordinary Adoption Leave, Additional Adoption Leave and Statutory Adoption Pay and/or Income Support, you will be entitled to the following: for the first 4 weeks of your Ordinary Adoption Leave you will be paid Full Pay Occupational Adoption Pay for the next 2 weeks you will be paid at 90% of your average weekly pay Occupational Adoption Pay for the next 33 weeks you will be paid Statutory Adoption Leave (see Weekly Rates Sheet for the amount) provided you qualify. for 12 of the 33 weeks, you will receive Occupational Adoption Pay at Half Pay (i.e. half a week s pay) provided you return to work after your Adoption leave for a minimum period of time. If you do not qualify for Statutory Adoption pay you may qualify to be paid Income Support or other benefits. Please check with the Job Centre Plus for further information (see Appendix 1 for contact details). To be entitled to keep the Occupational Adoption Pay, if you returned to work doing the same number of hours as before you would be required to work those hours for at least 3 months (including any periods when your workplace is closed). However, if your manager agrees to let you return on reduced hours the 3-month period would be proportionately longer (e.g. if you reduced your hours by 50% you would have to work those reduced hours for at least 6 months). You can choose whether you wish to be paid the Occupational Adoption Pay either each month as it becomes due, or in a lump sum when you return to work. If you wish to receive the 12 weeks half pay each month as it becomes due, and then eventually you decide not to return to work for the required period of time, you will have to repay it. PLEASE NOW TURN TO SECTION E (page 27) April 2015 Page 26 of 48