Maternity Scheme for Teachers (Employee Guide)

Transcription

1 Maternity Scheme for Teachers (Employee Guide) This procedure has been agreed by the following professional associations / trade unions representing School Based Staff National Union of Teachers National Association of Schoolmasters Union of Women Teachers Association of Teachers and Lecturers National Association of Head Teachers Association of School and College Leaders Unison GMB 1 of 12

2 Abbreviation Terms The following abbreviations are commonly used by Doctors, Midwives and medical staff during a pregnancy. EDC - Expected Date of Childbirth. EWC - Expected Week of Childbirth DWP - Department of Works and Pensions MA - Maternity Allowance MATB1 - Confirmation of Pregnancy MPP - Maternity Pay Period SMP - Statutory Maternity Pay AMP Additional Maternity Pay (= Contractual Maternity Leave) SMR - Statutory Maternity Rights SML - Statutory Maternity Leave AML - Additional Maternity Leave SSP - Statutory Sick Pay OSP - Occupational Sick Pay QW - Qualifying Week 2 of 12

3 1. Health and Safety Benefits to all Expectant Mothers regardless of the Length of Service 1.1 Shropshire Council places a high profile on all Health and Safety issues. It is the responsibility of the Line Manager/Supervisor to ensure that the expectant mother is as comfortable as possible given the differing circumstance e.g.: the stage of the pregnancy or place/type of work carried out. 1.2 In order to assess your Health and Safety during your pregnancy, please arrange with your Line Manager/Headteacher for a risk assessment to be carried out. Risk may include for example lifting, infectious diseases, fatigue. If any risks are identified in this assessment Shropshire Council will ensure that the necessary alterations are made under the Management of Health and Safety at Work Regulations (MHSW) (See appendix 1) 1.3 In an event that a risk can not be eliminated, the following steps will be taken:- Temporary adjustment of your working conditions and/or hours of work. Offer of suitable alternative work, if any is available, or if that is not feasible Suspension from work for as long as necessary to protect the Health and Safety of you and your unborn child. If suspension becomes necessary and no suitable alternative can be found to suspension there will be no loss of pay during the period of suspension. 1.4 If you have any queries regarding your Health & Safety whilst pregnant please do not hesitate to contact Human Resources. 2. Ante Natal Care 2.1 Ante-natal Care is an entitlement for all expectant mothers at Shropshire Council. You will be entitled to paid time off to attend ante-natal care. 2.2 You must give reasonable notice of your ante-natal appointments, and an appointment card may be asked for by your Line Manager/Supervisor/Headteacher. 3. Maternity Leave Maternity Leave and the right to return to work will be granted to all expectant mothers, irrespective of the amount of hours you are contracted to work or your length of service. This is on condition that you: Continue to be employed by the Local Authority up to the 11th week before your expected week of childbirth. The Statutory Scheme requires you to inform your Line Manager/Supervisor/Headteacher in writing of your pregnancy and the date you intend your maternity leave to start. This should be no later than the fifteenth week before your expected date of child birth. It will be possible to change that date provided you give 28 days notice of the change. Provide evidence of your pregnancy, i.e. complete the Maternity Form provided by Human Resources and return it together with a medical certificate, from your doctor or midwife, called MATB1 which will be given to you at the 26 week (6 ½ month) stage of the pregnancy. 3 of 12

4 You will be entitled to a maximum of 52 weeks maternity leave (26 weeks Ordinary Maternity Leave plus 26 weeks Additional Maternity Leave). There are 4 categories of maternity pay and leave, details of these can be found in section 5. Maternity leave cannot start before you reach 11 weeks before the EWC and maternity leave can commence on any day of the week, however the latest day of commencement would be the Sunday before the baby is born. 4. Sickness during Pregnancy If you fall sick at any time during your pregnancy before the 4 th week before the expected week of childbirth the normal sickness absence procedure applies, which means that you will be entitled to occupational and statutory sick pay relative to your length of service. 4.1 Not pregnancy related If sickness occurs after the 4th week before the expected week of childbirth and is not pregnancy related you will be entitled to receive Statutory Sick Pay (SSP). A medical certificate to confirm the doctors diagnosis will be requested. Sick pay can be paid up until the day before the birth of the baby. 4.2 Pregnancy related If your sickness occurs after the 4th week before the expected week of childbirth and is pregnancy related it will automatically trigger your Statutory Maternity Pay (SMP) and your Statutory Maternity Leave the day following your first day of absence. 4.3 On Returning to Work If you are medically unfit on the day you are to return from maternity leave, please inform your Line Manager/Headteacher/Human Resources. The normal sickness procedures will then apply and you will receive sick pay (contractual and statutory) in accordance with the Personnel Handbook. 4 of 12

5 5. Categories of Maternity Pay 5.1 Category 1 At least 26 weeks continuous service with your current employer at the 15 th week before the Expected Week of Childbirth and at least 1 Years Continuous Local Authority Service at the 11th week before the Expected Week of Childbirth. Maternity Pay If you have completed at least 26 weeks service with your current employer at the Qualifying Week (15th week before the Expected Week of Childbirth) and if you have over one years continuous service with one or more local authorities at the 11th week before the Expected Week of Childbirth you will be entitled to Statutory Maternity Pay and Additional Maternity Pay. Weeks weeks full pay and 2 weeks at 9/10 of a week s pay offset against payments made by the way of SMP. Weeks 7-18 If you have told us in writing that you intend to return to work you will be entitled to 12 weeks at half pay, plus SMP which is currently (As at April 2013). This is provided the amount does not exceed your normal full pay. This is paid on the understanding that you will return to school/local authority (not just current authority) employment for at least 3 months. If you do not intend to return you will be paid SMP only. After payment of the first six weeks of SMP, payroll will write and ask if the following 12 weeks half pay should be paid monthly or as a lump sum on return to work. This helps prevent repayment of 12 weeks pay if you decide not to return to work. Weeks For the next 21 weeks you will receive SMP entitlement only of (as at April 2013). The remaining 13 weeks will be unpaid. Right to Return to Work We assume that you will be returning at the end of Additional Maternity Leave. If you wish to return earlier than this you must give notice of at least 21 days. In the event that you decide not to return to work, you will need to refund the monies paid, or a proportion, as the authority may decide. Payments made to you by way of SMP are not refundable, (this includes the first 4 weeks full pay, 2 weeks 9/10 th pay and 20 weeks SMP). 5 of 12

6 5.2 Category 2 Less than 26 weeks continuous service with your current employer at the 15 th week before the Expected Week of Childbirth, but at least 1 Years continuous Local Authority service at the 11th week before the Expected Week of Childbirth Maternity Pay If you have less than 26 weeks continuous service with your current employer at the 15th week before the Expected Week of Childbirth you are not entitled to Statutory Maternity Pay, but if you have completed at least 1 years continuous employment with one or more local authorities at the 11 th week before the Expected Week of Childbirth you will be entitled to Additional Maternity Pay. As you will not be eligible for Statutory Maternity Pay, you may be entitled to claim Maternity Allowance payable by the Benefits Agency (DWP). You must have been employed or self employed in at least 26 of the 66 weeks ending with the week before the EWC. Form SMP1 will be provided by the payroll section, to allow you to claim this benefit. For further information on Maternity Allowance please speak to the Benefits Agency direct on (01743) Weeks weeks full pay and 2 weeks 9/10 of a week s pay offset against payments made by the way of Maternity Allowance (if eligible). Weeks 7-18 If you have told us in writing that you intend to return to work you will be entitled to 12 weeks at half pay, plus Maternity Allowance (if eligible) which is currently per week (As at April 2012). This is provided the amount does not exceed your normal full pay. This is paid on the understanding that you will return to school /local authority (not just current authority) employment for at least 3 months. If you do not intend to return you will be paid Maternity Allowance only (if eligible). After payment of the first six weeks of Maternity Allowance, payroll will write and ask if the following 12 weeks should be paid monthly or as a lump sum on return to work. This helps prevent repayment of 12 weeks pay if you decide not to return to work. Weeks For the next 21 weeks you will receive Maternity Allowance entitlement only (if eligible). The remaining 13 weeks will be unpaid. Right to Return to Work We assume that you will be returning at the end of Additional Maternity Leave. If you wish to return earlier than this you must give notice of at least 21 days. In the event that you decide not to return to work, you will need to refund the monies paid, or a proportion, as the authority may decide. Payments made to you by way of Maternity Allowance are not refundable (this includes the 6 weeks 9/10 th pay). 6 of 12

7 5.3 Category 3 Over 26 weeks continuous service with your current employer at 15 th Week before the Expected Week of Childbirth, but less than 1 year s continuous Local Authority service at 11 th week before the Expected Week of Childbirth Maternity Pay You will be entitled to receive Statutory Maternity Pay, providing you have average weekly earnings, for the eight week period ending with the Qualifying Week (15 th Week before the expected week of childbirth), of not less than the Lower Earnings Limit. Weeks weeks at 9/10 of a week s pay offset against payments made by the way of SMP. Weeks 7-39 The next 33 weeks of your maternity absence is paid at flat rate SMP or 90% of your average earnings if this is less. SMP is currently (as at April 2012). The remaining 13 weeks will be unpaid. Right to Return to Work We will assume that you will be returning at the end of Additional Maternity Leave. If you wish to return earlier than this you must give notice of at least 21 days. 5.4 Category 4 Less than 26 weeks continuous service with your current employer at 15 th week before the Expected Week of Childbirth and less than 1 year s continuous Local Authority service at 11 th week before the Expected Week of Childbirth Maternity Pay If you have less than 26 weeks continuous service at the 15th week before the expected week of childbirth you are not entitled to Statutory Maternity Pay or Additional Maternity Pay. However, you may be entitled to Maternity Allowance payable by the Department of Work & Pensions. You must have been employed or self employed in at least 26 of the 66 weeks ending with the week before the EWC. Form SMP1 will be provided by the payroll section, to allow you to claim this benefit. For further information on Maternity Allowance please speak to the Department of Work & Pensions direct on (01743) Right to Return to Work We will assume that you will be returning at the end of Additional Maternity Leave. If you wish to return earlier than this you must give notice of at least 21 days. 7 of 12

8 6. Accrual of Annual Leave As a teacher you do not have a contractual entitlement to paid annual leave, but you do have a statutory entitlement under the Working Time Regulations (WTR) which is 28 days (5.6 weeks) with effect from 01 April This is not an additional entitlement to annual leave on top of the current school closure arrangements A Workforce Agreement has been agreed with the Teacher Trade Unions that the Annual Leave Year will commence on 01 September in line with the academic year. You are entitled to take the 28 days statutory annual leave at a time outside of the maternity leave period. This should be either before or after the maternity period during school closures periods. As there are 66 days (13.2 weeks) during school closure periods within the annual leave year which the statutory annual leave entitlement can be taken (see chart below) there will be few occasions when there will be insufficient school closures to accommodate your leave in periods of school closure before or after maternity leave. If there are insufficient school closure within that leave year to accommodate your leave on return from maternity leave you will be allowed to take the leave in the current leave year i.e. in school closure or in term time. Under WTR, you cannot obtain payment in lieu of untaken annual leave instead of taking leave during the leave year (except when you are not returning to your job following maternity leave). Annual leave entitlement will be assessed by The Schools HR Team once the maternity period is known and you will be notified in writing. Example of School Closure Periods October 5 days (1 week) December 10 days (2 weeks) February 5 days (1 week) March/April 10 days (2 weeks) May 5 days (1 week) July 10 days (2 weeks) August 20 days (4 weeks) Plus May Bank Holiday Total 66 days (13.2 weeks) 8 of 12

9 7. Keeping in Touch Days You will need to talk to your Line Manager/Headteacher and agree what kind of contact you will have during your maternity leave e.g. How do you want to be informed about changes happening at work including job vacancies and information about opportunities for in- service training. You and your Line Manager/Headteacher can also agree to you doing up to 10 days work during your maternity leave. These could be used for training or other events or for easing your return to work. You and your Line Manager/Headteacher will need to agree the arrangements including what you will be doing and how you will be paid. The rate of pay will be your normal rate of pay calculated in accordance with the formula in the schools pay policy. You don t have to take up the option of keeping in touch days and your Line Manager/Headteacher does not have to offer them to you. 8. Returning to the Same Job after Maternity Leave When a woman returns to work from maternity leave she has the right to return to the same job, on the same terms and conditions, as though she had not been absent. 9. The Right to Work Flexibly As the parent of a child under sixteen you are entitled to make a request to change your working pattern. You should talk to your Line Manager/Headteacher in good time if you want to request a different working pattern to the one you worked before your maternity leave this includes requests for job share. The Flexible Working Framework is in the Employee Handbook and the relevant forms can be downloaded. Your manager may take up to six weeks to reach a decision on your request and it may not always be feasible to grant your request. Where your flexible working request is rejected you have the right of appeal against that decision. 10. Breastfeeding You should let your Line Manager/Headteacher know if you are planning to breastfeed when your return to work. Your Line Manager/Headteacher can then carry out a risk assessment to identify risks to both you and your baby and agree with you what reasonable arrangements may be made. 11. Parental Leave Did you know that if you have parental responsibility for a child born on or after 15 December 1999 you may qualify for parental leave? If you qualify for Parental leave you are entitled to 13 weeks leave per child. You can take up to 20 working days (4 weeks) per year, (12 months running from your child s date of birth). The statutory right to parental leave is 13 weeks unpaid. 9 of 12

10 This leave is to care for your child and is available to all employees irrespective of length of service provided that you have not already taken your entitlement with a previous employer and that your manager has authorised the time off. For further details on how to apply for this leave please contact your Schools HR Team. 12. Paternity Leave Your partner must tell their employer by the 15 th week before the baby is due if they want to take paternity leave or they may not be able to take it. If your partner works for the Council they are entitled to two weeks statutory paternity leave if they satisfy the following conditions, they must:- Have or expect to have responsibility for the child s upbringing. Be the biological father of the child or the mother s partner Be able to provide a copy of the expectant mother s MATB1 as evidence of their entitlement to SPP Have worked continuously for the Council for 26 weeks leading into the 15 th week before the baby is due. Statutory paternity leave can be taken in one or two week blocks, where two weeks are taken the weeks must be continuous. Shropshire Council has a local agreement which gives 2 days paid at full contractual pay for that week, the second week is paid at Statutory Paternity Pay. Contractual paternity pay will be paid to all fathers irrespective of length of service and earning. Paternity leave must be taken within 56 days of the birth. 13. Child Care Vouchers Shropshire Council offers eligible staff the benefit of salary sacrificed childcare vouchers. This scheme allows an employee to give up or sacrifice part of their salary in exchange for childcare vouchers. Savings, which can amount to hundreds of pounds each year, are made because the employee doesn t pay tax or National Insurance Contributions on the amount of the Childcare Vouchers that they receive. The Scheme is provided for us by RG Childcare, via Rewarding People, our staff benefits scheme. Staff on school payrolls do not normally have access to Rewarding People, however RG Childcare Voucher users will automatically be granted access to the benefits scheme. Please rewardandbenefits@shropshire.gov.uk or ring to request further information. 10 of 12

11 13. Other Maternity Questions What if I am employed on a fixed term or temporary contract: If you are employed on a fixed term or temporary contract you are still entitled to take maternity leave under the scheme. Should, however, your contract then terminate (and not be renewed) during the course of your maternity leave then your employment will come to an end. Under the Disputes Resolution Regulations the non renewal of a fixed term or temporary contract constitutes a dismissal and due process must be followed to end the contract, this includes your right of appeal against the decision. If your contract terminates then any eligibility for contractual maternity pay will reflect the fact that you will not be returning to work. If you qualify for SMP, however, you will of course be entitled to receive the full 39 weeks SMP payable. If your contract is to terminate after the date on which your intended period of maternity leave will be completed then you will have the right to take maternity leave and return to duty. You should bear in mind that your contractual maternity pay will still be affected if you are not able to then remain in post for 13 weeks full-time or part-time equivalent. Are there issues relating to Health and Safety at Work? If an unacceptable risk to your health and safety is identified, your employer is obliged to take any protective or preventative measures to eliminate the risk. If this is not possible your employer must: i) If reasonable, alter working conditions. ii) If it is not reasonable to make such alterations, offer you suitable alternative work. iii) If no suitable alternative work is available, provide you with paid leave. Can I be dismissed for being pregnant? It would be automatically unfair to dismiss you because of your pregnancy or for a pregnancy related illness, regardless of the number of hours you work and your length of service. Can I be made redundant whilst on maternity leave? Provided that a genuine redundancy situation exists then in theory yes. Your employer would however have to follow the proper consultation and selection procedures and selecting an employee for redundancy because you were pregnant or because they had recently had a baby would be automatically unfair. What if the baby is stillborn? In the unfortunate circumstances of either miscarriage or stillbirth before the 24 th week of pregnancy, your time off will be treated as sick leave, entitling you to sick pay for that period. The normal sick pay and sick leave regulations will apply and a medical certificate from your medical practitioner will be required. In the unfortunate event of stillbirth after the 24 th week of pregnancy, you will be entitled to receive the same maternity benefits as if a live birth has occurred. 11 of 12

12 What if the baby is premature? If you have already commenced your maternity leave there will be no effect on your payments if your baby is born premature. Payments will be made as if the actual birth date had occurred during the EWC. If your baby is born before the date your maternity leave was due to commence then your maternity leave period and maternity pay will be automatically triggered. You should notify your employer within 21 days or as soon as is reasonably practicable as your payment of SMP may be affected. If you are entitled to the AML, then your maternity leave and date may of course be brought forward. How will my maternity leave and pay affect my pension position? Assuming that you are a member of the Teachers Pension Scheme, contributions continue to be payable on any contractual and/or statutory maternity pay which is paid. Although the contributions may be deducted on reduced levels of pay, service for pension purposes continues to accrue during this period as though you were still working your normal hours. Any period of unpaid maternity leave will count as an absence from pensionable employment and will be reflected in your service record held by Teachers Pensions as days excluded from service. For further information you should contact either the Human Resources Section of the Children and Young People s Services or Teachers Pensions direct. Am I entitled to receive my salary increment? Provided that you return to your post your period of maternity leave is regarded as service for salary purposes and any entitlement to an experience point on the Teachers Pay Spine will be unaffected. Can I undertake supply teaching whilst on maternity leave? Not whilst you are in receipt of SMP maternity leave with the intention of returning to work. Were you to undertake supply or temporary employment during your period of leave, even to assist your own school, your right to return to your post would be extinguished. What if I want to come back to work on a part-time or job share basis? Should you seek to return to work on either a part-time or job share basis then consideration will be given to your request. The Authority has a job share scheme which has been adopted by schools. Any decision that is taken however will be done so on the clear understanding that the operational requirements of the school/service must be given first priority. Am I entitled to any other benefits? You will automatically be entitled to free dental treatment and prescriptions whilst you are pregnant and for up to a year after your baby is born. The Department for Work & Pensions has available a range of leaflets that will outline any additional benefits you may be able to claim. 12 of 12