Maternity Policy and Procedure

Transcription

1 Maternity Policy and Procedure Executive or Associate Director lead Policy author / lead Feedback on implementation to Executive Director of Human Resources Staff Benefits Co-ordinator Human Resources Manager Chris Simpson-Banks (Staff Benefits Co-ordinator) Nigel Donaldson (Deputy Director of HR) Consultation Period January 2011 May 2011 Date of Ratification 24th March 2011 Ratified by Executive Directors Group Date for Review March 2014 Target Audience SHSC staff who are expecting a baby Policy version and advice on availability and storage: This policy has been updated to comply with new legislation which affects staff whose baby is due to be born on or after 3 April 2011 This policy is stored and available through the SHSC intranet and available from the Staff Benefits Co-ordinator. It replaces the previous Maternity Policy and copies of the previous policy should be destroyed.

2 Contents: Section Page Flow Chart Maternity Leave Process for Managers 4 1 Maternity Pay/Leave Entitlement 1.1 SHSC staff on Agenda for Change/National Conditions 1.2 SHSC staff on Local T&Cs (not Agenda for Change) 1.3 Staff on Sheffield City Council Terms and Conditions Return to work following the birth of your baby Flow Chart 8 3 Introduction 9 4 Definitions 9 5 Purpose of this Policy 9 6 Duties 10 7 Scope of this Policy 11 8 Telling us you are Pregnant and Risk Assessment 11 9 Confirming your Expected Date of Birth 11 Mat B1 and SMP forms 10 Maternity Leave 10.1 Maternity Leave entitlements 10.2 When can you start your Maternity Leave? 10.3 Changing Maternity Leave start date 10.4 Compulsory Maternity Leave 11 Maternity Pay 11.1 Eligibility 11.2 Occupational Maternity Pay 11.3 Fixed Term Contract Holders 11.4 Statutory Maternity Pay 11.5 Occupational Maternity Pay 11.6 Maternity Allowance 12 Understanding Your Rights 12.1 The right to not be dismissed on the grounds of pregnancy 12.2 Antenatal Care 12.3 Notification of Birth 12.4 Return to Work 12.5 Re-induction following Maternity Leave 12.6 Transferring your Remaining Maternity Leave to your Partner 12.7 Redundancy during Maternity Leave Maternity Policy and Procedure Page 2 of 32

3 Section Page 13 General Information 13.1 Entitlement to Sick Pay 13.2 Sickness following the end of Maternity Leave 13.3 Payments 13.4 Deductions 13.5 Annual leave 13.6 Increments 13.7 Rotational Training Contracts 13.8 Returning to work for a different employer 13.9 Pension Payments Car Loans Regular car users allowance Keeping in touch during Maternity Leave (KIT days) Post Natal Care and Breastfeeding Mothers Work-life Balance Staff Benefits Co-ordinator Childcare Vouchers Useful Contact numbers Special Circumstances 14.1 If your baby is born before your maternity leave is due to start 14.2 In the sad event of a stillbirth / death of a baby 14.3 Premature Birth Dissemination, Storage and Archiving Training and Other Resource Implications Audit, Monitoring and Review Implementation Plan Links to Other Policies Contact Details References 21 Appendix 1 Risk Management Guidance Appendix 2 - Risk Assessment Form Appendix 3 Risk Assessment Questions and Answers Appendix 4 Keep in Touch (KIT) Days Agreement Form Appendix 5 Equality Impact Assessment Form Appendix 6 Human Rights Act Assessment Form Maternity Policy and Procedure Page 3 of 32

4 Flowchart Maternity Leave Process for Managers Maternity Policy and Procedure Page 4 of 32

5 1 Maternity Pay/Leave Entitlement All staff are entitled to take up to 52 weeks (1 year) Maternity Leave, but the pay that they will be entitled to depends upon length of NHS service and intention to return to work following maternity leave. The last 13 weeks of Maternity Leave is unpaid leave if an employee chooses to take the maximum 52 weeks. 1.1 SHSC staff on Agenda for Change Terms & Conditions and Doctors on National Contracts: Length of continuous NHS service at the 11 th week before EWC Returning to Work following Maternity Leave 12 months or over 26 weeks to 12 months Less than 26 weeks Yes No Yes No Yes No Full Pay 8 weeks N/A N/A N/A N/A N/A ½ Pay plus SMP 18 weeks N/A N/A N/A N/A N/A 90% of Average N/A 6 weeks N/A N/A N/A N/A Pay SMP only 13 weeks 33 weeks 39 weeks 39 weeks N/A N/A Total Paid Leave: 39 weeks 39 weeks 39 weeks 39 weeks * * *If less than 26 week s service, you are still entitled to take up to 52 weeks maternity leave, but you would not receive pay through the Trust therefore showing N/A (not applicable). You may qualify for Maternity Allowance paid from Job Centre Plus or the Department of Work and Pensions. Payroll Services will send you the relevant claim forms upon receipt of your MatB1. **If ½ Pay plus SMP exceeds Full Pay then payment up to Full Pay will only be made. *** To qualify for the payment of SMP you must have been employed by the Trust for 26 weeks continuously by the 15 th week before the baby is due. You must also qualify under the earnings criteria to qualify. Maternity Policy and Procedure Page 5 of 32

6 1.2 SHSC staff on Local Terms & Conditions who have not accepted Agenda for Change Contracts Length of continuous NHS service at the 11 th week before EWC Returning to Work following Maternity Leave 12 months or over 26 weeks to 12 months Less than 26 weeks Yes No Yes No Yes No Full Pay 10 weeks N/A N/A N/A N/A N/A ½ Pay plus SMP 12 weeks N/A N/A N/A N/A N/A 90% of Average N/A 6 weeks N/A N/A N/A N/A Pay SMP only 17 weeks 33 weeks 39 weeks 39 weeks N/A N/A Total Paid Leave: 39 weeks 39 weeks 39 weeks 39 weeks * * *If less than 26 week s service, you are still entitled to take up to 52 weeks maternity leave, but you would not receive pay through the Trust therefore showing N/A (not applicable). You may qualify for Maternity Allowance paid from Job Centre Plus or the Department of Work and Pensions. Payroll Services will send you the relevant claim forms upon receipt of your MatB1. **If ½ Pay plus SMP exceeds Full Pay then payment up to Full Pay will only be made. *** To qualify for the payment of SMP you must have been employed by the Trust for 26 weeks continuously by the 15 th week before the baby is due. You must also qualify under the earnings criteria to qualify. Maternity Policy and Procedure Page 6 of 32

7 1.3 SHSC Staff on Sheffield City Council Terms & Conditions Length of continuous NHS service at the 11 th week before EWC Returning to Work following Maternity Leave 12 months or over 26 weeks to 12 months Less than 26 weeks Yes No Yes No Yes No Full Pay 13 weeks N/A N/A N/A N/A N/A ½ Pay plus SMP 13 weeks N/A N/A N/A N/A N/A 90% of Average N/A 6 weeks N/A N/A N/A N/A Pay SMP only 13 weeks 33 weeks 39 weeks 39 weeks N/A N/A Total Paid Leave: 39 weeks 39 weeks 39 weeks 39 weeks * * *If less than 26 week s service, you are still entitled to take up to 52 weeks maternity leave, but you would not receive pay through the Trust therefore showing N/A (not applicable). You may qualify for Maternity Allowance paid from Job Centre Plus or the Department of Work and Pensions. Payroll Services will send you the relevant claim forms upon receipt of your MatB1. **If ½ Pay plus SMP exceeds Full Pay then payment up to Full Pay will only be made. *** To qualify for the payment of SMP you must have been employed by the Trust for at least 26 weeks continuously by the 15 th week before the baby is due. You must also qualify under the earnings criteria. **** For staff who transferred previous council service across, this will count as continuous NHS service. Maternity Policy and Procedure Page 7 of 32

8 2. Return to work following the birth of your baby - Flow Chart Information about Maternity Rights and Statutory Maternity Pay Information about maternity rights can be found at the DirectGov website and the Department for Business Innovation & Skills website at Will you be returning back to work? Yes 1. Tell manager and discuss options of returning. If you want to return to part time work agree this before your leave starts. If you are a non-agenda for Change contract holder and you return on a part time basis, either permanently or as part of a phased return (for a given period not exceeding 12 months), there is no requirement to change to a national contract (Agenda for Change). 2. If you return to work earlier than you said, you must write to your Manager giving at least 8 weeks notice of your date of return. If you don t do this you may not get paid. 3. If you return to work within six months of having a baby or are still breastfeeding, your manager will undertake a risk assessment in conjunction with you prior to restarting work or immediately upon restarting work. If it is found, or a Medical Practitioner considers, that you or your child would be at risk if you were to continue with your normal duties, we should provide suitable alternative work for which you will receive your normal rate of pay. Where this is not reasonably practicable you should be suspended on full pay. 4. If you decide to resume from maternity leave on to annual leave, this should be agreed with your line manager. 5. After you have had your baby, you must return to work for a minimum of 3 months (even if you leave one Trust and go to another). If you fail to return to the NHS within 15 months you will be liable to repay the whole of your maternity pay, less any Statutory Maternity Pay received. No 1. Tell manager and discuss your options confirming that you do not wish to return to work following the birth. Your manager will give you the appropriate forms to complete. Return these as soon as possible. 2.Discuss with your manager to determine the best time to submit your letter of resignation and confirming that it is not your intention to return to work. (You must give us the period of notice stated on your contract of employment.) If you have at least 26 weeks service and you continue to work to at least immediately before the beginning of the 11 th week before the EDC, and your average weekly earnings are above the NI lower earnings limit, you will be entitled to SMP. 3. Your manager will write to you confirming your entitlement and the date you wish to leave. 4. If you are not entitled to SMP, you may be entitled to Maternity Allowance from the Department of Work and Pensions (DWP). Payroll will inform you if you are not entitled to SMP. You can also refer to Not Sure Yet? If you have 12 months continuous service with us or another NHS employer and are not sure if you want to return to work, you may wish to have 12 weeks at half pay withheld, until you make your decision. It is important that you give your agreement to this in a signed letter. You will however continue to be paid SMP at the standard rate. Once you have made your decision on whether you intend to return to work, inform your manager: If you do intend to return, arrangements will be made for you to receive 12 weeks half pay, which was previously withheld. If you do not intend to return to work you should resign from your post. Maternity Policy and Procedure Page 8 of 32

9 3. Introduction When you are expecting a child (or children) it can be the most exciting time in your life, but also one of the most challenging. There are many decisions to be made and it may be difficult to predict how you will feel. We very much hope you will want to return to work for us at some point. We want to make taking maternity leave and returning as easy as possible for you. This policy and procedure tells you what arrangements we have for maternity leave for all employees whether on a local (Sheffield City Council) or a national contract (Agenda for Change) or Doctors on national contracts. After reading the policy, please talk to your manager to discuss your options and maternity process. This policy gives guidance on time-off for Antenatal Care, Risk Assessments, Maternity Leave, Maternity Pay, the Right to Return to Work and Keeping in Touch Days. 4. Definitions SHSC MP MPP MA SMP OMP AML NI MatB1 EWC EDC KIT Sheffield Health & Social Care NHS Foundation Trust Maternity Pay Maternity Pay Period Maternity Allowance Statutory Maternity Pay Occupational Maternity Pay Additional Maternity Leave (after 26 weeks, paid at SMP or unpaid) National Insurance Form that your Midwife will give you at around 24 weeks pregnant Expected Week of Childbirth Expected Date of Childbirth Keep in Touch (KIT Days) 5. Purpose of this Policy This policy should be used as a guide for pregnant staff and managers of pregnant staff to outline the processes that should be followed upon confirmation of the pregnancy. It covers what needs to be taken into consideration, such as risk assessments, and also what paperwork is required for maternity leave and pay entitlements. Maternity Policy and Procedure Page 9 of 32

10 6. Duties To ensure the effective implementation of this policy the following responsibilities are identified: 6.1 The Executive Director of Human Resources will take overall executive responsibility for and lead on the implementation of the policy. 6.2 The pregnant employee should inform their manager of the pregnancy so that a risk assessment can be carried out. 6.3 The Line Manager is responsible for carrying out risk assessments and seeking Occupational Health advice as appropriate. 6.4 The employee must inform their manager in writing before the end of the 15 th week before the expected week of childbirth of their intention to take maternity leave (unless this is not reasonably practicable). 6.5 The employee must provide medical evidence, i.e., certificate of expected childbirth (MAT B1) or a letter from their doctor or midwife before maternity payments can be made. 6.6 The Manager, upon receipt of the MAT B1 certificate, must complete the SMP form via the Electronic Forms page on the Trust intranet (form ESR6 SMP/SAP) and send the original MAT B1 to payroll without delay. 6.7 The Manager must complete the next part of the electronic SMP form on the date that the employee starts maternity leave. 6.8 The employee should inform their manager of their intention to return to work following maternity leave. If the employee does not intend to return to work following the birth of her baby, she must submit her resignation in writing, as per the agreed notice period stated in the contract of employment. 6.9 The employee must inform their Manager of any change to the intended start of maternity leave date at least 28 days in advance, or if this is not possible, as soon as is reasonably practicable The employee must give their Manager at least 8 weeks notice of their intention to return to work if earlier than originally agreed prior to starting maternity leave The Manager must complete the final part of the electronic SMP form on the date that the employee returns to work (or ends their maternity leave by taking annual leave prior to the planned physical return to work) Directors and Managers should be aware of the advisory role that the Staff Benefits Co-ordinator provides in relation to maternity leave and be in a position to direct employees to the post holder. Maternity Policy and Procedure Page 10 of 32

11 7. Scope of this Policy This is a Trust-wide Policy and relates to all Sheffield Health & Social Care NHS Foundation Trust staff. In particular it relates to staff who are pregnant or planning a family, and Managers who are managing a member of staff who is pregnant. 8. Telling us you are Pregnant and Risk Assessment As soon as you find out you are pregnant, it is advisable to tell your manager so that a risk assessment can be carried out. A risk assessment is carried out to identify the risks to you and your baby from your work activity. Your manager will keep a record of the assessment. (See Risk Assessment Appendices 1, 2 & 3) More risk assessments may be completed, should you have a particularly difficult/manual job. This is not only in your interest but also in the interest of colleagues and clients wellbeing. In any case, you must notify your manager in writing before the end of the 15th week before the expected week of childbirth (unless this is not reasonably practicable) of your intention to take maternity leave. 9. Confirming your Expected Date of Birth MAT B1 and SMP forms Around the 24 th week of your pregnancy your Midwife or GP will give you a certificate called a MAT B1. It will confirm the expected date of childbirth. Ask for it if you haven t received it by week 26. Give the original MAT B1 to your manager (take a photocopy first for your records). Your manager will then need to complete an electronic SMP form and send the MAT B1 to payroll. The SMP form will inform payroll of when you plan to start your maternity leave and when you are due to return (if you decide to do so). We cannot pay your maternity pay without your MAT B1. Informing your manager about the expected date of childbirth, will enable you and your manager to plan and make the necessary arrangements to cover your maternity leave including the handover of work etc. It is our aim to make this process as straightforward and stress-free as possible. 10. Maternity Leave 10.1 Maternity Leave Entitlements All pregnant employees of SHSC are entitled to take up to one year (52 weeks) maternity leave, regardless of length of service with us. During this period, you will continue to be employed by us and will receive all your contractual benefits except your normal wages or salary. You are entitled to up to 52 weeks maternity leave (time off), but payment will not be received for the entire period. Please check the tables at the front of the policy Maternity Pay/Leave Entitlement Page 4 & 5. Maternity Policy and Procedure Page 11 of 32

12 10.2 When can you start Maternity Leave? You can start your Maternity Leave any time following the Sunday at the beginning of the 11 th week before the expected week of childbirth. Alternatively, you can work right up to the date of delivery providing you are well enough; we may seek occupational health advice if there are concerns about your fitness to continue working. If you choose to work up to the date of delivery your maternity leave will start the following day after you have given birth. If your baby is born before the date you planned to start maternity leave it will automatically begin the following day after you have given birth. You should inform your line manager of the actual date of birth as soon as possible so that they can notify payroll Changing Maternity Leave Start Date If you wish to change the date from which you intend to start your maternity leave (which may be on your electronic SMP form that your manager completed for you around 24 weeks pregnant), you must notify your manager at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable). Your SMP form will need to be changed, as Payroll will need to know any changes. Your manager will do this Compulsory Maternity Leave Maternity (Compulsory Leave) Regulations 1994 prevents women from working during the two weeks immediately following the date of childbirth. 11. Maternity Pay 11.1 Eligibility If you work full-time or part-time you will be entitled to paid and unpaid maternity leave under the NHS contractual maternity pay scheme if: a) You have 12 months continuous service with one or more NHS employers at the beginning of the 11 th week before the expected week of childbirth. b) You notify your manager in writing before the end of the 15 th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter): - Of your intention to take maternity leave - Of the date you wish to start your maternity leave (if you want to change the date from which you wish your leave to start, you would notify your manager at least 28 days beforehand.) c) That you intend to return to work with the same or another NHS employer for a minimum period of 3 months after your maternity leave has ended. d) Provide a MAT B1 form from your midwife or GP giving the expected date of childbirth. If your contract expires you will not be entitled to Occupational Maternity Pay (OMP). However, you may still be able to get Statutory Maternity Pay (SMP) if you meet the qualifying conditions. Payroll services will act as an agent for this payment. Absence on maternity leave (paid or unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service. Maternity Policy and Procedure Page 12 of 32

13 Employees on fixed-term contracts who do not meet the 12 months continuous service condition (under Eligibility) may still be entitled to Statutory Maternity Pay Occupational Maternity Pay (OMP) Occupational Maternity Pay (paid during the first 26 weeks of Maternity Leave) applies to all pregnant employees regardless of the number of hours worked per week (as long you have 12 months continuous service). However, your entitlement will vary according to the amount of service you have with us and you will only get this if you are coming back to work after your baby is born. If you take OMP and then do not come back to work for at least 3 months, you will have to pay this money back Fixed Term Contract Holders If you qualify for maternity pay, but your contract ends during the qualifying period of 11 weeks before your expected week of childbirth (EWC), your contract shall be extended to enable you to receive 52 weeks maternity leave, which includes paid contractual and Statutory Maternity Pay as detailed in the policy, and the remaining 13 weeks of unpaid maternity leave. If there is no right to return to be exercised because the contract would have ended if pregnancy and childbirth had not occurred, the repayment provisions will not apply Statutory Maternity Pay (SMP) To qualify for 39 weeks Statutory Maternity Pay, you must satisfy all of these conditions: a) You must be employed by us continuously for 26 weeks up to and including the 15 th week (qualifying week) before the expected date of childbirth. b) Your average earnings must meet the lower earnings level for NI contributions, during the 8 weeks up to and including the qualifying week. c) You must not work for any other employer during the SMP pay period. If you do work, you will lose SMP for the whole week during which you work, even if you only work for part of that week. d) You must notify your manager in writing before the end of the 15th week before the Expected Week of Childbirth (unless this is not reasonably practicable) of your intention to take maternity leave. You should also confirm your EWC and when you expect your maternity leave to start. You can still change the date you commence maternity leave provided you give 28 days notice of the revised date. e) You must provide medical evidence, i.e., certificate of expected childbirth (MAT B1) or a letter from your doctor or midwife before payment can be made. f) If you have not worked for SHSC for the minimum 26 weeks before the start of the 15 th week before the baby is due, but you were employed by another NHS Trust and worked for them continuously by the 15 th week before the EDC, then your previous NHS employer should pay your SMP. g) If you do not qualify for SMP to be paid by SHSC or a previous NHS employer, as stated above, then Victoria Pay Services will send you a SMP1 form, along with your original MatB1 form, so that you can attempt to claim SMP (Maternity Allowance) direct from the Department of Work and Pensions. Maternity Policy and Procedure Page 13 of 32

14 11.5 Occupational Maternity Pay (OMP) This is paid during the first 26 week period of Maternity Leave: Qualifying Conditions: a) You are entitled to 26 weeks OMP any time from the 14 th week before your Expected Week of Childbirth (EWC). b) You will receive payment during the 26 week period the Maternity Pay Period (MPP) which will start from the date on which you begin your maternity leave. c) If you regularly pay National Insurance (NI) contributions you are entitled to Maternity Pay. d) If you work up to the birth, the Maternity Pay Period will start from the day your baby is born Maternity Allowance If you do not qualify for any of the above schemes, Victoria Pay Services will send you a SMP1 form which you should forward along with form MAT B1 to the Department of Work and Pensions who will deal with any entitlement to Statutory Maternity Allowance. (Refer to Payment/Leave Entitlement tables in 1.1 and 1.2) 12. Understanding Your Rights 12.1 The right to not be dismissed on the grounds of pregnancy You cannot be dismissed because you are pregnant or for any other reason connected with your pregnancy Antenatal Care You have a right to paid time off for antenatal care, relaxation and parent-craft classes on the advice of your GP, midwife or registered health worker. You have this right regardless of how long you have been in your job and what hours you work. You will need to give your line manager details of appointments, if asked to do so. You are also entitled to paid time off for fertility treatment on the production of appropriate evidence. Accompanying partners will be allowed reasonable paid time off to attend antenatal appointments with you. This must be agreed with their line manager Notification of Birth There is no longer a requirement for your Line Manager to write to you before the end of your Occupational Maternity Leave period to ask the date on which your child was born and whether you intend to return to work after your Additional Maternity Leave period. Maternity Policy and Procedure Page 14 of 32

15 12.4 Return to Work (See flow chart on page 8) You have the right to return to the post or a similar post in which you were originally employed on terms and conditions no less favourable than those, which applied before leaving, unless a redundancy situation has arisen. If you intend to return to work at the end of your full maternity leave, you are not required to give any further notification to the employer, although if you wish to return early you must give at least 8 weeks notice to your Manager. If you wish to return to work on different hours, then the Trust has a duty to facilitate this. You should be offered a job at the same grade and work of a similar nature on different hours at an alternative place of work. This should be thoroughly discussed with you. If this is not possible, your manager must provide written objectively justifiable reasons why this is not possible. However, this does not include a post that was made especially available for you following the Risk Assessment process that was undertaken during your pregnancy. If it is agreed that you will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period, this will not affect your right to return to your post or a similar post under your original contract at the end of your agreed period. For further information please refer to the Flexible Working Policy Re-induction following Maternity Leave Managers are advised to hold a return to work induction on the employee s first day back after maternity leave. This is an opportunity to update the employee on changes and developments which have occurred during her absence and to discuss any queries, concerns or training needs she may have. Managers should also allow for a period of adjustment on the employee s return. The demands of looking after a baby and the workplace are often very different, and it can be an anxious and emotional time for the returning employee Transferring your Remaining Maternity Leave to your Partner If you decide to return to work before using your full maternity entitlement, then you may wish to transfer the remainder of your maternity leave to your partner, but he/she must have, or expect to have, responsibility for the child's upbringing and be taking the leave to care for the child. The right to additional paternity leave is available to parents of children due on or after 3 April These provisions allow fathers/partners to take up to 26 weeks additional paternity leave within the first year of their child s life, provided that the mother has returned to work early. The earliest that additional paternity leave may commence is 20 weeks after the date on which the child is born, and it must end no later than 12 months after that date. To enable your partner to apply for additional paternity leave you must submit a written and signed declaration form to his/her employer stating: your name, address and national insurance number; the date that you intend to return to work; that you have given notice to your employer of returning to work; that you are entitled to Statutory Maternity Pay or Maternity Allowance. the start date of your maternity pay period; confirmation that your partner satisfies the relationship eligibility conditions; Maternity Policy and Procedure Page 15 of 32

16 that you consent to their employer processing the information contained in the declaration form; that your partner is, to your knowledge, the sole applicant for additional statutory paternity pay and, in the case of a birth child, also that the employee is to your knowledge the only person exercising the entitlement to additional paternity leave in respect of the child; and you must also supply your partner s employer with a copy of the child s birth certificate. If your partner meets the minimum continuous service provisions with their employer, they may be entitled to Statutory Paternity Pay for some of the additional paternity leave period. This will apply to any remaining weeks which you, as the mother, would have been entitled to be paid had you not returned to work early. The remaining period of additional paternity leave would be unpaid. For full details please refer to the Paternity and Partner Leave Policy Redundancy during Maternity Leave If a redundancy situation arises during your Occupational or Additional Maternity Leave, you have preferential rights and must be offered any suitable employment, which is available. The offer of alternative employment must be made before the end of your employment under your existing contract. For full details please refer to the Redeployment Policy. 13. General Information for all SHSC employees 13.1 Entitlement to Sick Pay Periods of sickness that occur prior to the 4 th week of expected date of childbirth (EDC) will be treated in accordance with our sick pay regulations. You should therefore submit medical certificates in the normal way. If you are off work ill or become ill with a pregnancy related illness during the last 4 weeks before the EDC, Maternity Leave will normally start at the beginning of the 4 th week before the EDC or the beginning of the next week after which you last worked, whichever is the latest. If you have a pregnancy related illness prior to the last 4 weeks before the EDC, which extends into the 4 th week before the EDC, then Maternity Leave will start from the beginning of the 4 th week. Please advise your manager if this is the case, as this will alter your maternity leave dates. If the illness is not related to your pregnancy, your absence will be treated as sick leave until you are fit to return to work or you reach the date you previously agreed to start your maternity leave Sickness following the end of Maternity Leave In the event of illness following the date you are due to return to work, normal sick leave provisions will apply as necessary Payments You will be paid monthly in your usual way, either to your bank or building society. Maternity Policy and Procedure Page 16 of 32

17 13.4 Deductions All the usual deductions will continue to be made for the whole period of PAID maternity leave (i.e. National Insurance, Pension, Tax etc.) If you wish to continue to have any other deductions made from your salary. e.g. Westfield Health Scheme, loan repayments etc, during the unpaid period of your maternity leave, please discuss with Victoria Pay Services on (0114) Annual leave Your annual leave will accrue during Maternity Leave whether paid or unpaid. Annual leave entitlement is calculated for each complete month. Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial to both the employer and employee for the employee to take annual leave before and /or after the formal (paid or unpaid) maternity leave period. If your Maternity leave continues into the next annual leave year you will only be entitled to carry over 5 days (or pro rata for part time staff). It is advisable to talk to your manager with the proposed dates you may wish to take. You will not get days in lieu of statutory or Bank holidays that fall during your maternity leave Increments Maternity leave, whether paid or unpaid, shall count as service for annual increments and for the purposes of any service qualification period for additional leave Rotational Training Contracts and Posts If you are on a planned rotation of appointments with one or more NHS employers as part of an agreed programme of training you shall have the right to return to work in a similar post or in the next planned post irrespective of whether the contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances your contract will be extended to enable you to complete the agreed programme of training Returning to work for a different employer You can return to work for a different NHS employer following maternity leave without affecting your maternity leave and pay provided you return within 15 months of the beginning of your Maternity Leave. If you get a job working somewhere else in the NHS while you are on maternity leave you should give in your notice as usual. You should also give your manager a copy of your appointment letter, or a new contract of employment. If you do not do this, you might have to pay back your maternity pay Pension Payments If you want to stay in the NHS Pension Scheme: You can stay in the NHS Pension Scheme during your maternity leave. Your contributions during any unpaid maternity leave will be taken out of your salary when you come back to work. You should talk to someone in payroll about arrangements for paying your pension contributions. Usually they are paid over the same time as you were on unpaid leave. If you want to temporarily leave the NHS Pension Scheme: You can choose not to pay NHS Pension payments during maternity leave. This will mean losing benefits upon retirement. Before you decide you should talk to someone in the Pension department, please ring Victoria Pay Services. Maternity Policy and Procedure Page 17 of 32

18 13.10 Car Loans If you have a car loan your agreement means that you have to carry on repaying this loan during maternity leave. We will take this from your salary while you are on paid maternity leave. You should then send us a cheque each month to cover repayment of your loan while you are on unpaid maternity leave. This should be sent to payroll services Regular car users allowance When your maternity leave starts you will be paid at full rate for the rest of the month in which your car was out of use and for a further three months. Then you will get 50% of the lump sum payment for a further three months or until the end of the maternity leave, whichever is less. No further payments will then be made until you return to work Keeping in Touch during Maternity Leave Before going on Maternity Leave, you should discuss and agree with your manager any voluntary arrangements for keeping in touch during your Maternity Leave. This may include: 1. Any voluntary arrangements that you may find helpful to help you keep in touch with the developments at work and nearer the time of your return, to help facilitate your return to work. 2. Keeping us in touch with any developments that may affect your intended date of return. Keeping in Touch (KIT) days Except during the first two weeks after childbirth, an employee can agree to work (or attend training) for up to 10 days during either Occupational maternity leave or additional maternity leave without that work bringing the period of her maternity leave to an end and without loss of a full week s SMP. These are known as keeping in touch days and can be taken in small blocks of days or as single days. Any days worked will not extend the maternity leave period. You will be paid at your basic daily rate for the hours worked, less the appropriate maternity leave payment. Working for part of any day will count as one KIT day. KIT days could help ease your eventual return to work, but whether you take advantage of these days or not is your choice. Both you and your manager should agree that you can work on these days. Your manager does not have any right to insist that you work. If you work for more than 10 days, you will lose one week SMP for each week or part week that you work under your contract. In other words, once your KIT days have been used up, you will lose a week s SMP for any week in which you agree to work, even if just for one day that week. (See Appendix 4 for KIT day form) Post Natal Care and Breastfeeding Mothers We are required to provide breastfeeding women with suitable rest facilities and a safe environment with suitable access to a private room to express and store milk. This is for new mothers whilst breastfeeding. On your return to work, your manager should take into account the needs of a breast feeding mother when scheduling shifts/rotas. Women who have recently given birth and returned to work, should have paid time off for post-natal care e.g. attendance at Health Clinics. Maternity Policy and Procedure Page 18 of 32

19 13.14 Work-life Balance There are options to help you and your partner to balance caring for your child and work: The right to request flexible working (please refer to the Flexible Working Policy) Rights to time off such as Parental Leave and time off to deal with a family emergency Financial support from the Government such as tax credits and childcare vouchers Staff Benefits Co-ordinator The Staff Benefits Co-ordinator provides an advisory role to employees by answering questions on this policy and practice, as well as providing advice, support and guidance to managers throughout the maternity process. The Staff Benefits Co-ordinator can also help with setting up childcare vouchers, or signposting you to relevant organisations who can help you to find childcare providers to suit your needs and discounted holiday camps. Expectant mothers and partners can access our electronic parental pack online. You can visit the Childcare Support website to access this, as well as all of the Trust s family friendly policies and links to many more websites and organisations at Childcare Vouchers Childcare vouchers are a tax efficient way to meet childcare costs. The Trust offer a childcare voucher scheme for employees which allows them to save on tax and National Insurance contributions, thus helping to make childcare more affordable. If you currently purchase vouchers (because you already have a child and are paying for childcare) and find you are pregnant, you need to consider the following information. SMP and OMP are calculated on the amount of average weekly earnings during the 8-week period that ends 15 weeks before your baby is due (i.e. between the 17 th and 25 th week of pregnancy). If you are already having childcare vouchers deducted from your pay during this qualifying period, this will show your average weekly earnings as less than they would be without the deductions. It is your decision whether or not you cancel your salary sacrifice, or if you wish to carry on prior to and during your maternity leave period. If you decide to continue with the salary sacrifice, you will receive a reduced amount of Occupational Maternity Pay (due to reduction of pay during your qualifying period). Payroll will continue to make the salary sacrifice deduction from your salary every month whilst there is sufficient Occupational Pay. Salary sacrifice cannot be deducted from Statutory Pay. Once you go into Statutory Maternity Pay, or no-pay, the benefit afforded through your salary sacrifice will continue. SHSC will fund the cost of your salary sacrifice through any period of SMP or unpaid maternity leave. The Trust is obliged to continue providing childcare vouchers if you are already receiving vouchers on the day you start your maternity leave. Therefore if you choose to opt out of the scheme before starting maternity leave, the Trust is not obliged to provide you with vouchers and you can only rejoin when your maternity leave has ended Useful Contact Numbers Occupational Health (Northern General) Health & Safety, (Risk Assessments) Human Resources Advisors /4 Staff Benefits Co-ordinator Victoria Pay Services Maternity Policy and Procedure Page 19 of 32

20 *Please note the above telephone numbers may be subject to change if these numbers are not available, telephone switchboard and ask for the relevant department. 14. Special Circumstances 14.1 If your baby is born before your maternity leave is due to start If your baby is born earlier than your intended to start your maternity leave, ask someone to inform your Manager, and your maternity leave will then start on the day of the birth In the sad event of a stillbirth / death of a baby If you are at least 24 weeks pregnant and your baby is stillborn, you will still get maternity leave and rights in accordance with this policy. Where this occurs before 25 weeks (miscarriage), sympathetic consideration should be given to the circumstances and where necessary special leave or sick leave granted as appropriate on the basis of the individual circumstances. The decision should be advised by your needs and medical opinion Premature Birth If your baby is born prematurely, you will be entitled to the same amount of Maternity Leave and pay as if your baby was born at full term. If your baby is born before the 11 th week of expected EDC and you have worked during the actual week of childbirth, Maternity Leave will start on the first day of your absence. If you have been absent from work on certified sickness before the 11 th week before EDC and your baby is born during this period, Maternity Leave will start at the actual week of childbirth. If your baby is born before the 11 week before the expected EDC and the baby is in hospital, you may split your Maternity Leave entitlement, taking a minimum period of 2 weeks leave immediately after childbirth and the rest of your Maternity Leave following you child s discharge from hospital. If you want to do this, you will have to discuss it with your line manager. 15. Dissemination, storage and archiving 15.1 This policy will be posted on the Sheffield Health and Social Care NHS Foundation Trusts website and available to all staff. It will be accessed via the Human Resources web pages and available on the policies and procedures page An will be sent to managers within the Trust informing them that the policy has been updated and will include a summary of the main changes. 16. Training and other resource implications 16.1 There are no training implications associated with this policy There are financial resource implications for SHSC relating to childcare vouchers. Recent changes to the Sex Discrimination Act 1975 mean that employees with an Maternity Policy and Procedure Page 20 of 32

21 expected week of childbirth falling on or after 5 October 2008 will be entitled to the same terms during Occupational Maternity Leave and Additional Maternity Leave. Therefore employers are obliged to continue providing childcare vouchers throughout an employee s maternity leave if they are already in the childcare voucher salary sacrifice scheme and wish to continue receiving childcare vouchers. Payroll will continue to make the salary sacrifice deduction from an employee s salary every month whilst there is sufficient Occupational Pay. Salary sacrifice cannot be deducted from Statutory Pay. Once an employee goes into Statutory Maternity Pay, or no-pay, the benefits afforded through the salary sacrifice scheme will continue. SHSC will fund the cost of the salary sacrifice through any period of SMP/SAP or unpaid maternity leave. 17. Audit, monitoring and review 17.1 The implementation of this policy will be reviewed as a result of changes to legislation and audit recommendations Human resources policies are subject to joint monitoring and review between management and staff side in the Joint Consultative Forum. 18. Implementation plan The processes in this policy have already been implemented. 19. Links to Other Policies Flexible Working Policy and Procedure Parental Leave Policy Paternity and Partner Leave Policy Redeployment Policy Adoption Leave Policy 20. Contact Details Staff Benefits Co-ordinator: (0114) chris.simpson-banks@shsc.nhs.uk Childcare Support website: References Work and Families Act 2006 Employment Rights Act 1996 Employment Relations Act 1999 Employment Act 2002 Sex Discrimination Act 1975 Maternity Policy and Procedure Page 21 of 32

22 Sex Discrimination Act 1975 (Amendment) Regulations 2008 SI 2008/656 Maternity and Parental Leave etc Regulations 1999 SI 1999/3312 Maternity and Parental Leave (Amendment) Regulations 2001 SI 2001/4010 Maternity and Parental Leave (Amendment) Regulations 2002 SI 2002/2789 Statutory Maternity Pay (General) (Amendment) Regulations 2005 SI 2005/729 Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006 SI 2006/2014 Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006 SI 2006/2379 Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008 SI 2008/1966 Maternity Policy and Procedure Page 22 of 32

23 Appendix 1 Risk Management Guidance Summary New and Expectant Mothers Pregnancy puts certain strains on the body, which may increase the risks to your health and safety. The level of risk will vary between individuals and at different times during your pregnancy. Your welfare needs and your ability to carry out normal tasks may change. There may also be risks to the unborn baby from agents at work, such as radiation, chemical agents, microorganisms, etc. Practical Guidance Risk Assessment Substantive Staff The Management of Health and Safety at Work Regulations 1999 require employers to carry out a risk assessment for all their working activities. These Regulations include New Expectant Mothers in the risk assessment. The risk assessment must be made if any working condition, process or biological, chemical or physical agent may adversely affect the health and safety of an expectant mother or baby. This may mean revising existing risk assessment, if one of the workers involved in the work activity becomes pregnant. Risk Assessment Staff Employed on the Flexible Staffing Service There is a duty to ensure that staff working in this service also have a risk assessment. This will be carried out by the Flexible Staffing Manager, however it is recognised that the risks may be different according to the area of work. The pregnant employee should take a copy of the risk assessment to show to the Shift Manager to ensure that any additional risks are identified and alleviated. Workplace facilities Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers must provide suitable rest facilities for pregnant staff. Civil Liability The Congenital Disabilities (Civil Liability) Act 1976 puts a civil liability on anyone who causes an occurrence affecting an expectant mother during her pregnancy, which results in the baby being born with a disability-, or which affects anyone s ability to have a normal child. In terms of health and safety at work, this means that an employer is liable if it can be shown that his or her negligence of a pregnant employee led to the baby being born with a disability. However, if the occurrence happened before the child was conceived, the employer will not be liable if it can be proved that the parent knew of the potential risk. Maternity Policy and Procedure Page 23 of 32

24 Manual Handling Under the Manual Handling Regulations 1992, employers must either eliminate hazardous manual handling tasks, or (where this is not reasonably practical) assess the risks. Manual handling risk assessments must take a number of factors into consideration, including the individual capability of the person carrying out the task. Expectant mothers are likely to find manual handling tasks more difficult, especially later in pregnancy, and the assessment and control measures should take this into account. Manual handling should be avoided during the early months of the pregnancy owing to the risk of miscarriage. Chemicals and Biological Agents Under the Control of Substances Hazardous to Health Regulations 1999, employers must carry out an assessment of the risk of exposure to hazardous substances in the workplace. Certain chemicals and biological agents have damaging effects on an unborn baby. The risk assessment should look at the possibility of pregnant women being exposed to such chemicals and agents, including women who are not aware that they are pregnant. Suitable control measures must be put in place to protect them and their baby. Radiation Ionising radiation is harmful to the unborn baby at lower doses than it is to adults. If the foetus is exposed to it during development, deformities can occur. The Ionising Radiation s Regulations 1999 set a variety of dose limits, including a limit to control the dose to foetuses. Suspension from Work The risk assessments carried out under the Management of Health and Safety at work Regulations 1999 should identify any activities that give rise to a significant risk to the health and safety of an expectant mother. If the risk cannot be controlled she should be removed from the harmful work activity. Under the Employment Rights Act 1996, alternative work must be offered to a pregnant worker where she would otherwise have to be suspended on the grounds of health and safety. If alternative work is not available, the suspended worker must receive the salary she would have received if she had not been suspended. Maternity Policy and Procedure Page 24 of 32