MATERNITY LEAVE POLICY AND PROCEDURE

Transcription

1 MATERNITY LEAVE POLICY AND PROCEDURE HR14 This policy applies to: ALL EMPLOYEES Original Date of Board Approval: January 2012 Review Date: January 2015 Updated: April 2015 Next Review Date: April 2018 Date of SMT Approval: April 2015 Date of JNC Approval: May 2015

2 1. INTRODUCTION This policy and procedure provides information regarding working during pregnancy, your entitlement to maternity leave and pay, and when you return to work as a new mother. It also gives details of the procedure you will need to follow when arranging your maternity leave. 2. SCOPE 2.1. This policy covers the rights of employed women who are pregnant and seeking to take maternity leave and pay. Agency staff will need to contact their agencies for advice. 2.2 Paternity Leave, Shared Parental Leave, unpaid Parental Leave and Adoption Leave are dealt with separately under the Maternity Support, Parental and Adoption Leave Policy and Procedure (HR15). 2.3 There are two maternity leave and pay schemes in operation: The NHS Contractual Maternity Scheme, and The Statutory Maternity Scheme The scheme for which you are eligible will depend upon your length of service and whether you are planning to return to work after the birth of your baby. This guide describes each scheme so that you can be clear about which one is best suited to your needs. If you have any queries concerning any aspect of this guide, you should ask your manager or HR. Maternity leave is calculated on your working week beginning on a Sunday. If your baby is due to be born on any other day of the week, you need to go back to the preceding Sunday to calculate maternity leave. Table A (Appendix 1) shows whether you are entitled to the NHS scheme; if not, Table B shows what your entitlement will be under the statutory scheme. 3 EQUALITY IMPACT ASSESSMENT 3.1 As part of its development, this policy and its impact on equality have been reviewed in consultation with trade union and other employee representatives in line with the NHS LA s Equal Opportunities Policy and the Public Sector Equality Duty. The purpose of the assessment is to minimise and if possible remove any disproportionate impact on employees and service users in relation to the protected characteristics: race, sex, disability, age, sexual orientation, religious or other belief, marriage and civil partnership, gender reassignment and pregnancy and maternity. 3.2 Maternity leave and pay inevitably affect only women, in line with the statutory framework. This policy has been written to create a framework in which women are supported during pregnancy and maternity leave and encouraged to return to work. No other detriment has been identified. 2

3 4 HEALTH AND SAFETY 4.1 For reasons of health and safety, you must advise your manager at the earliest opportunity that you are pregnant. This is to ensure that the job you are doing will not adversely affect either yourself or your unborn child during your pregnancy. Your manager must conduct a pregnancy risk assessment. If it is found, or the member of staff s general practitioner considers that an employee or her child would be at risk were she to continue with her normal duties, the NHS LA should provide suitable alternative work for which the employee will receive her normal rate of pay. Where it is not reasonably practical to offer suitable alternative work, the employee should be suspended on full pay; the NHS LA s procedure which can be found on the intranet, with advice from Facilities if necessary. A risk assessment may also be conducted when you return to work from a period of maternity leave. 4.2 If it is not possible the NHS LA may suspend you from work on full pay on maternity grounds. This suspension may be until the risks have been removed or until the start of your maternity leave (four weeks before the expected date of delivery). You may not be entitled to full pay if you unreasonably refuse an offer of temporary suitable alternative employment. 4.3 Occupational Health will be able to provide guidance and/or advice if your manager is unsure about how your job may affect you during your pregnancy. Your manager will be able to arrange a referral in consultation with HR if necessary. 5 ANTE-NATAL CARE 5.1 All pregnant women have a statutory right to paid time off for antenatal care, regardless of length of service or the number of hours worked. Antenatal care may include relaxation and parent craft classes recommended by her doctor, midwife or health visitor. 5.2 After your first antenatal appointment, you should show your manager your appointment card and discuss your need for time off, so that your manager has time to make any necessary arrangements to cover your absence. In exceptional circumstances, your manager may ask you to change the time of your appointment if it will be inconvenient to the department, and you should comply with this if practical. 6 THE NHS OCCUPATIONAL MATERNITY SCHEME 6.1 Eligibility Table A will have determined whether you are eligible for this option. If you are, you must also fulfil the following criteria: You must return to work for any NHS organisation for at least 3 months following your maternity leave, and You must notify your manager, in writing, using the form in Appendix 3 no later than the end of the 15 th week before your baby is due or as soon as reasonably practicable thereafter: 3

4 that you are pregnant when the expected week of childbirth is when you want your maternity leave to begin that you intend to return to work with an NHS organisation for at least three months after your maternity leave You must also submit a form MATB1 confirming the expected week of childbirth to your manager at least 21 days before you would like your maternity leave to start. 6.2 Maternity Pay Under the NHS Scheme, you are eligible to receive the following: Weeks 1 to 8 inclusive Weeks 9 to 26 inclusive Weeks 27 to 39 inclusive Weeks 40 to 52 inclusive Full Pay less any SMP (Statutory Maternity Pay) or MA (Maternity Allowance). If applicable, SMP is paid by the NHS LA through the payroll without the need for the employee to take any action. Half Pay plus any SMP or MA (provided the total does not exceed full pay) SMP or MA No pay Maternity pay is usually calculated with reference to your earnings in the 8 weeks prior to the start of the 25 th week of your pregnancy. However, if a pay award becomes due after that period or during your paid maternity leave, the amount will be recalculated. 6.3 Maternity Leave All employees have the right to take 52 weeks of maternity leave. 6.4 What happens if you do not return to work? In order for you to be eligible for the NHS scheme, you must return to work in the NHS for a period of at least 3 months following your maternity leave. If you decide not to return to work for any reason, or if you do not secure employment with another NHS employer within 12 months of starting your maternity leave, you will be required to repay all the maternity pay you received less any SMP that you may have been entitled to. If you return to work with another NHS employer, you must do so within 12 months of the start of your maternity leave. In addition, you must send your previous manager proof of your employment within 15 months of the start of your maternity leave otherwise you will still be required to repay your maternity pay regardless of whether you have returned to NHS employment. There is no time limit on when the NHS LA is able to seek recovery of an overpayment of maternity pay. It will usually be reclaimed as soon as possible, 4

5 but there may be occasions when it will not be possible for this to be done for some time. The recovery may be waived by the Chief Executive if the NHS LA considers that it would cause undue hardship or distress to the employee. 7 THE STATUTORY SCHEME 7.1 Statutory Maternity Leave If you are not eligible for maternity leave and pay under the NHS scheme, Table B will determine your entitlement to statutory maternity leave and pay. Every pregnant woman is entitled to 26 weeks ordinary maternity leave and 26 weeks additional maternity leave immediately thereafter. To take advantage of maternity leave, you must also satisfy the following criteria: You must be employed by the NHS LA You must notify your manager, in writing, using the form in Appendix 3, no later than the end of the 15 th week before your baby is due or as soon as reasonably practical thereafter: that you are pregnant when the expected week of childbirth is when you want your maternity leave to begin You must also submit a MATB1 Form to your manager as soon as reasonably practical. The NHS LA cannot process maternity pay without this certificate. 7.2 Statutory Maternity Pay (SMP) If you have 26 weeks continuous service with the NHS LA by the 15 th week before your expected week of childbirth, you are still employed during that week and your earnings for the eight weeks up to and including that week are at or above the lower earnings limit for National Insurance, you are entitled to Statutory Maternity Pay (SMP). SMP is paid for a maximum period of 39 weeks and in most cases will be administered by the NHS LA. You may be entitled to claim SMP from a previous employer if you are new to the NHS LA. For the first six weeks of your maternity leave, you will receive 90% of your average weekly earnings. Your earnings will be calculated in accordance with current Department of Work and Pensions Regulations. For the remaining 33 weeks, you will receive the lower rate of SMP. You do not need to remain an employee of the NHS LA to receive SMP. To qualify for SMP only, you should give your manager 28 days notice of the date you expect your SMP to start and provide evidence of your pregnancy with a MATB1 Form. You would also need to resign from your post, giving written notice in the usual way, if you were not intending to take maternity leave. To qualify for both SMP and statutory maternity leave, you should follow the notification arrangements for statutory maternity leave outlined above. 5

6 8 MATERNITY ALLOWANCE 8.1 If you are not eligible for SMP, you may be entitled to claim Maternity Allowance direct from the Department of Work and Pensions by completing an SMP1 Form, this will be sent to you directly by Payroll, the details of which are on the intranet. Once you have completed this form, you should return it to your local Department of Work and Pensions office, which will then assess your eligibility for the allowance. 9 APPLYING FOR MATERNITY LEAVE 9.1 When you are aware that you are pregnant, you are advised to discuss your entitlement to maternity leave and pay with your manager, preferably before your 20 th week of pregnancy to enable the necessary arrangements to be made. As outlined above, both the NHS and statutory schemes require you to write to your manager to give formal notification of your intention to take maternity leave. 9.2 Your manager will discuss your maternity leave with you: Your entitlement to paid and unpaid maternity leave under the NHS or statutory scheme Your expected date for returning to work after 52 weeks of maternity leave, unless you give an earlier date and the need for you to give 28 days notice if you wish to return on an earlier date Arrangements for taking accrued holiday entitlement at the end of a period of maternity leave Arrangements for keeping in touch during your maternity leave 9.3 A checklist is provided in Appendix 2 to help you through the stages of your preparation for maternity leave. 9.4 Human Resources will confirm your maternity leave arrangements in writing on receipt of your Maternity Leave Application and MATB1 Forms. 10 GENERAL RULES FOR MATERNITY LEAVE AND PAY 10.1 Start of Maternity Leave Your maternity leave can start at any time after the start of the 11 th week before your expected week of childbirth; it cannot start before this date Changing the start date of your maternity leave Once you have notified your manager of the date on which you would like your maternity leave to start, you may change this date as long as you give your manager notice in writing of the new date by whichever is the earlier of: 28 days before the date you originally intended to begin your maternity leave or 28 days before the new date on which you want your maternity leave to begin. 6

7 Your manager will accept later notification if these periods are not practical. 11 Medical Evidence Your doctor or midwife will issue you with a form MAT B1 (certificate of confinement) form, usually in your 26 th week of pregnancy. This should be handed in as soon as possible to your manager so that the NHS LA has formal confirmation of your expected due date of childbirth. The NHS LA cannot start paying maternity pay under either scheme without this certificate. 12 Sickness During Pregnancy 12.1 If you are sick for a pregnancy related reason at any time during the four weeks before the expected week of childbirth, your maternity leave will automatically begin on the day after the first day of the absence, even if that day is before the date you have notified as the date on which you intend your maternity leave to begin. Managers must complete a change form and inform the HR department to advise them that maternity leave has commenced and must also advise the member of staff concerned that they are formally on maternity leave If you are sick earlier than this or as a result of a reason other than your pregnancy, the absence will be recorded and managed in the normal manner Special consideration will be given to managing the health and attendance of pregnant women, and pregnancy related absences will be disregarded for the purposes of setting targets under the procedure for managing shortterm/intermittent sickness absence. 13 ANNUAL LEAVE 13.1 Your entitlement to annual leave accrues during your maternity leave, whether it is paid or unpaid. Bank Holidays are also accrued during Maternity Leave. If you have any outstanding annual leave before the start of your maternity leave, you should discuss and agree with your manager whether it would be a good idea to take some or all of it before your maternity leave starts. If this is not possible, you should discuss and agree with your manager the possibility of taking accrued annual leave when you return from maternity leave, either in a single period or to allow a short period of part-time working, especially where you may be carrying annual leave over into a new leave year If you declare your intention not to return to work at all, any outstanding annual leave for the entire period of maternity leave will be paid to you when your entitlement to maternity pay ends There is no limit to amount of annual leave which can be carried forward from one leave year (1 April to 31 March) to the next during a period of maternity leave, however it is encouraged that as much annual leave is taken prior to, or immediately after maternity leave. 7

8 13.4 There is no provision for the payment in lieu or carry-over of bank holidays that fall during any part of either the paid or unpaid maternity leave period. 14 NHS PENSION SCHEME 14.1 Pension rights and contributions are dealt with in line with the provisions of the NHS Pension Scheme. During periods of paid maternity leave, the NHS LA will continue to make pension contributions as if you are working and earning your normal pay. You will continue to make contributions at the usual percentage rate of your maternity pay During periods of unpaid maternity leave, your occupational pension rights will continue to accrue. If you are already making contributions to the NHS Pension Scheme and you decide to take the option of unpaid maternity leave, you will be required to pay the accumulated contributions to cover the period of unpaid maternity leave. The accumulated contributions are taken over a period of time from your salary when you return to work If you decide that you do not wish to return to work when you have previously stated that it is your intention to do so, then you will still be liable for contributions to the scheme and arrears may be payable if you have taken a period of unpaid leave. 15 INCREMENTAL AND CONTINUOUS SERVICE 15.1 Taking a period of maternity leave will not affect your incremental date or your continuous NHS and NHS LA service. 16 PREMATURE BIRTH 16.1 If your baby is born alive prematurely, you are entitled to the same maternity leave and pay as if your baby had been born at full term If your baby is born before the 11 th week before the expected week of the birth and you have been at work during that week, your maternity leave will begin on the first day you are absent from work. If you have been absent from work during the week of the birth as a result of sickness, your maternity leave will begin on the day after the birth If your baby is born before the 11 th week before the expected week of the birth and your baby is in hospital, you may elect to split your maternity leave, by taking two weeks leave immediately after the birth and the remainder after the baby leaves hospital. 17 STILL BIRTH AND MISCARRIAGE 17.1 If your baby is born dead after the 24 th week of your pregnancy, you are entitled to the same amount of maternity leave and pay as if your baby had been born alive If you have a miscarriage before the 25 th week of your pregnancy, the normal arrangements for sick leave, reporting and pay apply. 8

9 18 EMPLOYEE ASSISTANCE PROGRAMME 18.1 You have access to the Employee Assistance Programme provided by the NHS LA whilst on maternity leave. The contact details are currently KEEPING IN TOUCH DURING MATERNITY LEAVE 19.1 Before starting maternity leave, your manager will discuss voluntary arrangements for keeping in touch if you are planning to return to work. Your manager will send you copies of new and amended policies during maternity leave and advise you about Authority vacancies and details of any reorganisations and possible redundancies affecting your post. You may also agree to receive occasional work-related updates. You are under no obligation to keep in touch or to maintain any contact discussed before the maternity leave begins You may not work by law during the two weeks immediately following the birth of a child The law allows women to attend work on a maximum of 10 Keeping in Touch (KIT) days during their maternity leave to facilitate a smooth return to work. These days can be consecutive, can be shorter than a normal working day and can include training sessions. Working for a part of any days counts as one of the 10 KIT days. Any such KIT days and the arrangements for them must be agreed by both the employee and her manager and neither can insist on KIT days being used If KIT days are used, the employee will be paid her basic rate of pay, including High Cost Area Supplement, less the applicable maternity leave payment for that day If you work for the NHS LA for more than 10 KIT days during a period of paid maternity leave, you will lose your right to receive Statutory Maternity Pay for the whole of the week in which you carry out any work, even if you only work for a few hours during that week. This will not affect any entitlement to receive payments under the NHS maternity pay scheme. Any deductions which may need to be made as a result of an overpayment of Statutory Maternity Pay will be made in arrears. 20 RETURN TO WORK 20.1 The member of staff can take up to 52 weeks maternity leave, comprising of 26 weeks of OMP (Ordinary Maternity Leave) which comprises 8 weeks at full pay, followed by 18 weeks of half pay plus basic SMP. This is then followed by 13 weeks of basic SMP and up to 13 weeks AML (Additional Maternity Leave), which is unpaid OMP is conditional upon the member of staff returning to work for three months with the NHS LA, or other NHS organisation. If this condition is not met, the member of staff will be required to repay the difference between SMP and OMP. 9

10 20.3 Once you have given proper written notification of the date on which you intend to start your maternity leave, Human Resources will write to you within 28 days, advising you of your entitlement to ordinary and additional maternity leave, and the date on which your maternity leave will end, and on which you are expected to return to work The NHS LA will not give you any further notification of when you are expected to return to work, unless a change to the dates is agreed before the maternity leave begins You should return to work on the date advised by the NHS LA. If you wish to return before that date, you must advise your manager, giving at least 28 days notice of your date of return. This notification does not have to be in writing and may be given before your period of maternity leave begins If you do not give 28 days notice of an early return to work, the NHS LA may postpone your return until a date that would secure the 28 days notice. If you still return to work before this date, the NHS LA is under no obligation to pay you during the period of postponement If you are unable to return to work on the date notified because of sickness, the NHS LA s normal procedures for managing sickness absence will apply and you should notify your manager in the usual way If you wish to resign during or after a period of maternity leave, you should give written notice in the usual manner to your manager If you wish to apply for a period of unpaid parental leave or a flexible working arrangement after a period of maternity leave, you should refer to the NHS LA s policies on Maternity Support Parental and Adoption Leave (HR15) and Flexible Working (HR22). There is no automatic right for you to reduce your hours or return to work on different conditions, but your manager will consider your request and give you objective reasons in writing if it cannot be granted On your return to work after a period of maternity leave, subject to any organisational change, you have the right to return to the same job no less favourable terms and conditions. If there is no right of return because the contract of employment would have ended if pregnancy and childbirth had not happened, the repayment provisions set out above will not apply When you return to work, your manager will update you on developments in your absence, including new and amended policies and arrange an induction appropriate for the length of your absence from work You have the right to paid time off for post-natal care. You should show your manager your appointment card and discuss your need for time off, so that your manager has time to make any necessary arrangements to cover your absence. In exceptional circumstances, your manager may ask you to change the time of your appointment if it will be inconvenient to the department, and you should comply with this if practical. 10

11 20.13 In the event of illness following the date the employee was due to return to work, normal sickness absence provisions will apply as necessary. 21 NOT RETURNING TO WORK 21.1 Staff who are resigning their post will receive paid leave of 6 weeks at 90% of average pay and 33 weeks basic rate SMP. The contract of employment will be terminated after 39 weeks from the commencement of maternity leave. 22 BREASTFEEDING 22.1 Employers are required to undertake a risk assessment and to provide breastfeeding women with suitable private rest facilities. The Health and Safety Executive Guidance recommends that employers provide: a clean, healthy and safe environment for women who are breastfeeding; suitable access to a private room to express and store milk in an appropriate refrigerator The NHS LA will consider requests for flexible working arrangements to support breastfeeding women at work. 23 SHARED PARENTAL LEAVE 23.1 Shared Parental Leave allows employees to split up to 52 weeks leave (the first two weeks are compulsory for the mother/primary adopter to take) with their partner during the first year of their child s life, or first year of placement. Shared Parental Leave can be used by just one of the parents, both partners at the same time, as a single block or divided into discontinuous periods.maternity or adoption leave must be ended (curtailed) either in writing, or by the mother/primary adopter returning to work in order for Shared Parental Leave to commence. 23.2) With effect from 5 April 2015, Additional Maternity Support (Paternity) leave has been superseded by Shared Parental leave, and is therefore no longer available Further detailed guidance on the associated process, notice periods and eligibility for Shared Parental Leave and pay is available in the Maternity Support, Parental and Adoption Leave Policy and Procedure (HR15). 24 MATERNITY LEAVE, DISMISSAL AND REDUNDANCY 24.1 Dismissal will automatically be unfair, regardless of length of service or hours worked if: the dismissal is on grounds related to being on maternity leave and takes place during the maternity leave period. it is on grounds of redundancy and the employer has not complied with the requirement to offer the employee on maternity leave any suitable alternative work which is available; or 11

12 they are unfairly selected for redundancy for one of the above reasons. Associated Policies HR01 Equal Opportunities HR15 Maternity Support, Parental and Adoption Leave Policy & Procedure HR22 Flexible Working HR06 Special Leave RM16 Risk Assessment 12

13 Appendix 1 TABLE A ELIGIBILITY FOR THE NHS MATERNITY LEAVE AND PAY SCHEME CHOOSE A OR B A B Are you returning to work for the NHS for at least 3 months after your maternity leave AND have 12 months continuous service with the NHS at start of the 11 th week before the expected week of childbirth? OR Are you not returning to work for the NHS and/or do not have 12 months continuous NHS service at the start of the 11 th week before the expected week of childbirth? Then your entitlement is 39 weeks paid maternity leave under the NHS Scheme and up to 13 weeks unpaid maternity leave SEE TABLE B 13

14 TABLE B NOT RETURNING TO WORK OR NOT ENTITLED TO PAID MATERNITY LEAVE UNDER NHS SCHEME A B C You have NOT been employed by the NHS LA for 26 continuous weeks at the beginning of the 14 th week before your expected week of childbirth You have been employed by the NHS LA for 26 or more continuous weeks at the beginning of the 14 th week before your expected week of childbirth AND Your average earnings in the 8 weeks up to and including the 25 th week are at least equal to the Lower Earnings Level (LEL) for National Insurance purposes* You have been employed by the NHS LA for 26 or more continuous weeks at the beginning of the 14 th week before your expected week of childbirth AND Your average earnings in the 8 weeks up to and including the 25 th week are at less than the Lower Earnings Level (LEL) for National Insurance purposes* You are entitled to 26 weeks ordinary maternity leave and a further 26 weeks of additional maternity leave AND may be entitled to Maternity Allowance only subject to current Department for Work and Pensions regulations You are entitled to 26 weeks ordinary maternity leave and a further 26 weeks of additional maternity leave AND Entitled to Statutory Maternity Pay (SMP) 90% of average weekly earnings for 6 weeks followed by lower rate SMP for 33 weeks You are entitled to 26 weeks of ordinary maternity leave and a further 26 weeks of additional maternity leave AND may be entitled to Maternity Allowance only subject to current Department for Work and Pensions regulations 14

15 Appendix 2 Maternity Leave Checklist When Action to Take Tick Up to the 20 th week of pregnancy 26 th week of pregnancy Informally advise your manager of your pregnancy and your intention to take maternity leave Line manager to complete risk assessment Obtain your MATB1 from your Doctor or Midwife and pass it to your manager Write to your manager informing him/her: Before the end of the 15 th week before the expected week of the birth That you are pregnant and intending to take maternity leave Of your expected date of childbirth (with the form MATB1 if you have it) When you would like your maternity leave to begin If you are entitled to the NHS scheme and wish to take advantage of it, that you anticipate returning to work 15

16 NOTIFICATION OF INTENTION TO TAKE MATERNITY LEAVE Appendix 3 Name I am pregnant and intend to take maternity leave as follows: My last day at work will be (date) My maternity leave will start on (date) My expected date of child birth is Tick one of these three options: 1 I intend to return to work for the NHS LA after maternity leave 2 I intend to return to work for the NHS LA or another NHS organisation for at least three months after maternity leave 3 I do not intend to return to work after maternity leave and hereby resign with effect from the date before the date my maternity leave begins I attach the certificate MATB1/medical certificate confirming the date my baby is due. I understand that I may change the date on which my maternity leave if I give reasonable notice I understand maternity leave may start automatically if I am absent from work as a result of sickness related to pregnancy Signed Tick Date To qualify for maternity leave you must advise your manager that you are intending to take maternity leave no later than the end of the 15 th week before the beginning of your expected week of childbirth. Your maternity leave cannot begin earlier than the 11 th week before your expected week of childbirth. Line Manager Signature: Date: HR Use Form Received Date Letter confirming entitlement sent to employee A copy of this form should be sent to HR as soon as it is received. 16