Maternity Procedure (Final Draft)

Transcription

1 Maternity Procedure (Final Draft) 1. Introduction This document defines the policy and procedure in respect of Maternity Leave/Pay, antenatal care and pregnancy related illness, and outlines the benefits available to employees in these circumstances. 2. Maternity Leave Irrespective of length of service, employees are entitled to 52 weeks maternity leave, consisting of 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML), provided that notification requirements are adhered to. Employees have the right to return to work after OML and AML, whether temporary or permanent and irrespective of length of service and hours of work. The first two weeks of leave after childbirth are compulsory. Employees must notify the Supervisor or Line Manager as soon as reasonably practical or no later than the end of the 15 th week before the Expected Date of Childbirth that they are pregnant, and provide the following: a) A MATB1 form which is provided by the midwife stating the Expected Week of Childbirth b) A Maternity Information Form (supplied by the ) The earliest date that an employee can start Maternity Leave is the beginning of the eleventh week before the Expected Date of Childbirth. An employee may change the date on which they intend to commence OML, providing in normal circumstances the change is notified at least 28 days before the original OML start date, or the new OML start date, whichever is the earlier. Following receipt of the above information, the will write to the employee confirming the following information. a) Receipt of the notification of pregnancy and the end date of 39 weeks paid Maternity Leave. b) The end-date of Ordinary Maternity Leave of 26 weeks. c) The end date of Additional Maternity Leave of 26 weeks. d) The specified return date. 3. Statutory Maternity Pay (SMP) SMP is payable for up to 39 weeks during Maternity Leave. Employees are entitled to SMP if: a) They have at least 26 weeks service calculated as at the end of the 15 th week before the Expected Week of Childbirth 1

2 b) Average weekly earnings in the 8 weeks up to and including the qualifying week are not less than the earnings threshold for maternity payment c) The employee is still pregnant 11 weeks before the start of the expected week of childbirth or the employee has already given birth. Payment cannot normally start prior to the 11 th week before the employee s expected week of childbirth. d) SMP can start from any day of the week in accordance with the date of the start of Maternity Leave. 4. Maternity Pay a) The first 6 weeks of maternity leave will be paid at the higher rate of SMP, which is equivalent to 90% of the employee s average weekly earnings calculated over the period of 8 weeks up to and including the qualifying week. For the purpose of calculating average weekly earnings, shift allowances, overtime payments and bonuses are included, where applicable. b) The standard rate of SMP is paid for the remaining 33 weeks (which is set by the Government), or 90% of your average weekly earnings if this is lower than the Standard SMP rate. Please telephone the HR department for the current SMP rate. Entitlement to SMP is dependant upon minimum earnings and continuous service. c) SMP is treated as earnings and is therefore subject to PAYE and national insurance deductions. If an employee is not entitled to SMP, the Company will provide them with a SMP1 form, which will explain why the employee is not entitled to SMP. In these circumstances the employee should send this form to the local Job Centre Plus office, as they may be able to claim a Maternity Allowance (MA) payment. 5. Transferring Maternity Leave to Additional Paternity Leave (APL) Employees are able to transfer Maternity Leave to APL to enable them to return to work and to allow for their partner to care for a child until their 1 st birthday. The earliest date that an employee can transfer their Maternity Leave is 20 weeks after the birth of the child. The employee must inform the Line Manager or Supervisor in writing at least 8 weeks prior to the date that they wish to transfer their Maternity Leave. Both the employee and their partner will need to complete a signed declaration form to confirm that the information provided is correct. Maternity Leave will transfer automatically to APL. The employee is unable to change their transfer APL back to Maternity Leave after they have returned to work. Details of the amount of weeks/pay arrangements in relation to the transfer of Maternity Leave to APL can be found in the Company s Paternity Leave Procedure. 6. Antenatal Care Following notification to the Company of a pregnancy, the employee is entitled to reasonable time off with pay to receive antenatal care. After the first appointment the employee should show their appointment card to the Supervisor or Line Manager to confirm future antenatal appointments. 2

3 7. Sickness If an employee is absent from work due to a pregnancy related illness at least 4 weeks or more before the expected week of childbirth, the employee will automatically begin their maternity leave 4 weeks prior to the due date. 8. Early births Where the baby is born before the start of the Maternity Leave date, maternity leave will start on the day after giving birth. The employee must inform their Supervisor or Line Manager of when they gave birth as soon as it is reasonably practicable. This can be done verbally or in writing by providing a MAT B2 form. 9. Miscarriage, stillbirth and the death of a baby A miscarriage is where a baby is born dead before the end of the 24th week of pregnancy. An employee who suffers a miscarriage is not entitled to SML or SMP. Stillbirth is where a baby is born dead during or after the 25th week of pregnancy. If the baby is stillborn the employee entitled to SML and may be entitled to SMP. If the baby is born alive but subsequently dies, the employee is entitled to SML and may be entitled to SMP. 10. Health & Safety Once a pregnancy has been confirmed, or, if an employee believes that they may be pregnant, they will be responsible for informing the Supervisor or Line Manager as soon as possible. It is expected that the employee will be actively involved with the Company in minimising the risks to themselves and their unborn child. A risk assessment for specific work activity will be completed and any changes that are identified will be implemented, as practicable, to protect the health of the employee and that of the unborn baby. This process will involve the employee and the assessment will be reviewed as the pregnancy progresses. 11. Keeping in Touch Days Keeping in Touch days will enable the employee to agree with the Supervisor or Line Manager to work or undertake training activities to keep in touch with the workplace during the period of Maternity Leave. Any work must be agreed between the employee and the Line Manager or Supervisor. The Company cannot demand that the employee undertakes work activity. When agreed, the employee will be able to attend work for up to 10 days, in order to keep in touch, without losing their right to Statutory Maternity Leave or Pay. Any work carried out on a day shall constitute a day s work, payment for which will be agreed between the employee and the Line Manager or Supervisor. Any keeping in touch days worked do not extend the period of Maternity Leave. The Supervisor or Line Manager reserves the right to maintain reasonable contact with the employee during the period of Maternity Leave, to update the employee on any changes and to discuss their return to work. 3

4 12. Continuation of Benefits Holiday Entitlement Contractual Holiday entitlement continues to accrue during Ordinary Maternity Leave and Additional Maternity Leave. Where possible, all accrued holiday leave should be taken before the commencement of any Maternity Leave, or prior to a return to work. If an employee has any accrued holiday leave that they wish to carry over into the next holiday year, they should set out a request in writing to the Line Manager or Supervisor. Pension For employees that are a member of the Money Purchase (DC) Scheme, the Company will pay both the employer and the employee contribution for the period of paid Maternity Leave. For employees that are a member of Money Purchase (DC) Scheme, but do not qualify for Maternity pay, no contributions will be made during the period of OML or AML. Life Assurance Employees that are a member of one of the Company s Pension Schemes will continue to be eligible for the life assurance aspect of the plan throughout the duration of the OML/AML, unless employment is terminated by resignation or other reason. Continuity of Employment The period of OML and AML counts towards the employee s period of continuous employment. Service qualification with respect to Company Sick Pay, Holiday Pay and Notice Entitlement continues to accrue throughout OML and AML. Pay When returning to work the employee s salary will remain the same as prior to the period of OML/AML, with any pay increases applied. If the Company consents to a flexible working request and the employee returns to work on a reduced hour s basis their salary and associated benefits will be pro-rated accordingly. Additional Benefits Any non-cash benefits in kind such as medical insurance or private use of a Company car, for example, will continue during Ordinary Maternity Leave and Additional Maternity Leave. 4

5 13. Returning To Work Following OML OR AML Irrespective of length of service, hours of work, or job grade, employees have the right to return to work after OML and AML. Upon returning from OML, employees are entitled to return to the job that they left and on the same terms and conditions of employment. If it is not reasonable for an employee to return to their current role following additional Maternity Leave, they have the right to return to a suitable and appropriate alternative job on the same terms and conditions. If an employee does not wish to take AML, they do not have to give the Company advance notice if they intend to return to work on the date stated on the Maternity Information form. If the employee decides to take AML there is no requirement to give the Company advance notice if the employee intends to return to work immediately after the end of the AML period. This will be the date that the Company has notified the employee as being the leave-end date. If an employee decides to return to work early from OML or AML, they must give 8 weeks notice in writing to the Company, stating the intended date of return. If the employee worked full time prior to Maternity Leave there is no automatic right to return to work on a part time basis or to make other changes to working patterns. However, all requests for part time work or other flexible working arrangements will be considered in line with operational requirements and in accordance with the Company s Flexible Working Policy. If the employee is ill and is unable to return to work, or fails to return with relevant notification, the company sickness absence policy and procedure will apply. If the employee does not wish to return to work after Maternity Leave, notice of resignation must be given to the Supervisor or Line Manager. 5

6 14. Questions & Answers a) What if I have been continuously employed by the Company for 26 weeks or more by the beginning of the 15 th week before my Expected Week of Childbirth? Employees will be entitled to 26 weeks Ordinary Maternity Leave and 26 weeks Additional Maternity Leave. Leave may be taken at any time after the 11 th Week before the EWC up to the day of childbirth. Two weeks leave after childbirth is compulsory. Employees may receive 39 weeks of Maternity Pay within the 52-week Maternity Leave period. b) What if I have been continuously employed by the Company for less than 26 weeks by the beginning of the 15 th week before Expected Week of Childbirth? Employees will be entitled to 26 weeks ordinary maternity leave and 26 weeks additional maternity leave with the continuation of all benefits excluding pay during this period. Employees are not eligible to receive Statutory Maternity Pay (SMP), however they may be eligible to receive a Maternity Allowance and are advised to contact your local Job Centre Plus office as soon as possible. c) What happens if I am absent due to a pregnancy-related reason before my intended maternity leave start-date? If employees are absent for a pregnancy related reason within four weeks of your EWC, or later, this will trigger the start of maternity leave/pay. In this event, any eligibility to Statutory or Company Sick Pay would cease. d) What happens if my child is born before my expected date of childbirth? Maternity Leave and Maternity Pay (if eligible) will automatically start the day after childbirth. For the purpose of entitlement to Maternity Leave and Statutory Maternity Pay, childbirth is defined as the birth of a child, whether living or deceased, after 24 weeks of pregnancy, or the birth of a living child at any stage of the pregnancy. e) Am I able to use my holiday entitlement before I return to work? Employees are able to use any holiday entitlement they have accrued whilst on Maternity Leave before returning to work, subject to agreement with the Supervisor or Line Manager. Employees will not be able to receive SMP and holiday pay for the same period. If the employee is on paid or unpaid Maternity Leave and decides to take holidays they will be expected to return to work. The employee will not be allowed to be on maternity leave, be paid holidays and then continue on Maternity Leave. 6

7 MATERNITY FLOW CHART Employee informs their Supervisor / Line Manager they are pregnant Supervisor / Line Manager informs Supervisor Line Manager conducts a risk assessment with the employee communicate with employee dates to return to work, following ordinary or additional maternity Employee confirms return to work date with Supervisor / Line Manager and Human Resources Department On receipt of the MATB1 Form liaise with Wages Department to confirm payment entitlement Wages department liaise with to confirm any payment. Employee produces the MATB1 Form Supervisor / Line Manager send to the communicate with employee confirming payment entitlement Wages Department send employee SMP1 form, if employee not entitled to payment Employee commences Maternity Leave confirm with Supervisor / Line Manager, employee has returned to work. Wages Department process Maternity payments inform HR officer, if employee does not return from Maternity Leave 7