Employment Policies, Procedures & Guidance. A Guide to Maternity Benefits

Transcription

1 A Guide to Maternity Benefits Maternity Policy February 2007

2 CONTENTS Introduction... 1 Background... 1 Maternity Leave and Pay - Summary... 2 Continuous Service... 3 Managing Maternity The Scheme in Detail... 3 Initial Obligations on the Employee... 3 Initial Obligations of the Manager... 4 Maternity Leave - Starting Leave... 4 Maternity Pay... 4 A Week's Pay... 5 Statutory Maternity Pay... 6 Average Weekly Earnings... 6 Maternity Allowance (MA)... 6 National Insurance Contributions... 7 Right to Return to Work... 7 Exercising the Right to Return to Work... 8 All Employees... 8 Ante-natal Care... 9 Fertility Treatment... 9 Stillbirths or Miscarriages... 9 Premature Birth... 9 Maternity - Relationship with Sickness... 9 Pregnancy Related Illness Maternity Sickness Guidance Medical Review Procedure Annual Leave Flexible Working Paternity Leave Maternity Support Leave Statutory Paternity Leave and Pay Antenatal Care Parental Leave Adoption Leave Health and Safety Risk Assessment Protective Measures Night Work Period of Protection Leave on Health and Safety Grounds Paid Leave of Absence - Contact with Rubella Working with V.D.U.'s Discriminatory Practice Communication during Maternity Leave Keeping in Touch Days (KIT) Redundancy during Pregnancy/Maternity Leave Maternity Policy February 2007

3 Contractual Benefits during Maternity Leave Lease Car Payments Employee Contributions Pension Contributions Temporary Employees Manager s Role Managing Maternity - Summary Further Advice Glossary Appendix Form Mat LP Appendix Letter Mat LP Standard letter for Manager to acknowledge notification of Maternity Leave Appendix Form Mat SL Request for Maternity Support Leave and Statutory Paternity Leave and Pay Appendix Form Mat LP Manager s Record of Maternity Entitlements Appendix Maternity Rights Flowchart For Employees who do not have One Years Continuous Local Government Service at the 11 th Week before EWC Maternity Rights Flowchart For Employees who have One Years Continuous Local Government Service at the 11 th Week before EWC Appendix Employee Guide to Maternity Benefits What am I entitled to? What do I have to do to qualify? When can I go on leave? Returning to Work Health and Safety Appendix Employee Guide to Paternity Leave Maternity Support Leave Who is entitled to Maternity Support Leave What you should do Statutory Paternity Leave and Pay Leave Pay Requesting Statutory Paternity Leave and Pay If you qualify for both types of leave Antenatal Care Appendix Keeping In Touch Day Pro Forma Maternity Policy February 2007

4 Introduction This guidance document is intended to assist Managers in managing the new maternity provisions and is applicable to all Council employees under the Green Book terms and conditions. Background The Government is committed to helping working parents to balance work and family life in a way that is both compatible with, and beneficial to, business efficiency. The Work and Families Act 2006 builds upon the existing rights provided by the Employment Act 2002 by extending paid maternity leave and statutory maternity pay. Many of the changes have been implemented via the Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations The changes apply to women whose expected week of childbirth is on or after 1 April For employees of Sunderland City Council entitlement to maternity leave and pay is covered by three different schemes: Sunderland City Council s Occupational Maternity Scheme The Local Government Occupational Maternity Scheme (Green Book) The Statutory Maternity Pay and Leave Scheme Employees will now benefit from both the improvements made to the statutory scheme, which will be reflected in the Local Government Occupational Scheme, and the more favourable provisions implemented as part of Sunderland City Council s Occupational Scheme e.g. a more beneficial maternity pay scheme. This guide describes the new maternity provisions, which will apply to women due to give birth on or after 1 April For further information please contact Corporate Personnel Services via your Directorate HR Team. You may also refer to the Green Book for details of the local government occupational scheme. Maternity Policy February 2007 Page 1

5 Maternity Leave and Pay - Summary Entitlement to Occupational Maternity Pay is determined by continuous Local Government service, however, entitlement to Statutory Maternity Pay is determined only by continuous Sunderland Council service. The level of pay actually received will depend upon the employee s level of earnings. The main provisions are: EMPLOYEES WITH LESS THAN 26 WEEKS CONTINUOUS SERVICE (at the end of the 15 th week before the expected week of confinement (EWC), i.e. the Qualifying week) 52 weeks leave (26 weeks Ordinary Maternity Leave (OML) plus 26 weeks Additional Maternity Leave (AML) which begins straight after OML) (leave can start as early as 11 weeks before the birth and be taken up to 52 weeks after the baby is born) Payment is the employee s entitlement to Maternity Allowance (MA) or other benefits Maternity allowance is paid as follows: 39 weeks at either the higher or lower rate or entitlement to other benefits /income support. EMPLOYEES WITH 26 WEEKS CONTINUOUS SERVICE (at the end of the qualifying week) but less than 1 year s service (at the beginning of 11 th week before the EWC) 52 weeks leave (26 weeks OML plus 26 weeks AML which begins straight after ordinary maternity leave) (leave can start as early as 11 weeks before the birth and be taken up to 52 weeks after the baby is born) Payment is the employee's entitlement to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) or other benefits SMP is paid as follows: 6 weeks at 90% of average weekly pay 33 weeks at lower rate SMP or 90% of average weekly earnings if lower than lower rate SMP. Maternity Policy February 2007 Page 2

6 EMPLOYEES WITH AT LEAST 1 YEAR S CONTINUOUS SERVICE (at beginning of 11 th week before EWC) 52 weeks leave (26 weeks OML plus 26 weeks AML which begins straight after ordinary maternity leave) (leave can start as early as 11 weeks before the birth and be taken up to 52 weeks after the baby is born) 39 weeks maternity pay: 1 week at 100% of a week s pay 5 weeks at 90% of a week's pay 12 weeks at 50%* of a week's pay plus SMP/MA or other benefits (not to exceed full pay) if returning to work and, 21 weeks SMP or entitlement to MA or other benefits. *The 12 weeks half pay entitlement can be paid in equal instalments over the remaining 33 weeks of maternity leave. The main maternity provisions are also shown in the flowcharts at Appendix 5. Continuous Service In order to calculate continuous service for the purposes of the Occupational Maternity Scheme, continuous service will include service with an Employer listed under the Redundancy Payments (Local Government) Modification Order (Local Government) 1983, (as amended). Managing Maternity The Scheme in Detail Initial Obligations on the Employee An employee is required to notify her Manager in writing at least 28 days before her absence begins or as soon as is reasonably practicable, of the following: (Form Mat LP1 shown in Appendix 1 should be used for this purpose) (i) (ii) that she is pregnant the expected week of childbirth (EWC). She should be asked to provide a certificate of confinement (MATB1) from her Doctor or Midwife or other certificate signed by her Doctor or midwife which she will be able to obtain after she reaches the 20th week before the baby is due and is usually issued around the 14 th week before the baby is due. Maternity Policy February 2007 Page 3

7 (iii) the date of the beginning of her ordinary maternity leave (this cannot be earlier than the 11 th week before EWC) Initial Obligations of the Manager Managers may, however, hear informally either from the employee herself or through colleagues that she is pregnant. As soon as the Manager is aware that an employee is pregnant then they have a responsibility to actively manage the situation and to consider any health and safety issues. The Manager must write to the employee within 28 days of receiving the notice confirming the date she wishes to start ordinary maternity leave. The letter must inform the employer of their expected date of return from maternity leave assuming they will take their full entitlement of 52 weeks from the start of leave and confirm notice requirements if she wishes to return earlier. (Standard Letter Mat LP2 shown in Appendix 2 should be used for this purpose). Maternity Leave - Starting Leave Generally speaking it is up to the employee to determine when she starts her maternity leave and pay period. However, to ensure they receive their full entitlement to statutory maternity pay, as it is only paid in whole complete weeks, employees should return to work on the same day of the week as their first day of maternity leave. For example, if an employees last day at work prior to their maternity leave is a Thursday they should return to work at the end of their leave on a Friday. Maternity leave cannot, however, start before the 11th week before the EWC. The maternity leave and pay period is, however, triggered if after the beginning of the 4th week before the EWC the employee is absent from work either wholly or partly due to a pregnancy related reason. Provided that there are no health and safety implications, or pregnancy related illness, an employee may work up until the date the baby is born. If the actual date of childbirth occurs before the date notified by the employee or the employee miscarries and this is after the 24th week of pregnancy then the maternity leave and pay period will automatically be triggered. The employee must notify her manager as soon as reasonably practicable that she has given birth. Maternity Pay Payment for employees with less than 1 year s continuous service is their entitlement to either statutory maternity pay or maternity allowance or other benefits. Payment for employees with 1 year s continuous service or more is as follows: the first week of compulsory maternity leave will be paid at 100% of a week s pay (contractual maternity pay arising from the occupational scheme) Maternity Policy February 2007 Page 4

8 the next 5 weeks of maternity leave will be paid at 90% of a week's pay (contractual maternity pay arising from the occupational scheme) with SMP/MA or other benefits actually received offset having already declared her intention to return to work, for the subsequent 33 weeks of absence: 12 weeks at 50% of a week's pay plus SMP/MA or any other benefits received, (contractual maternity pay arising from the occupational scheme), provided that her normal weekly pay is not exceeded. As an alternative that same sum (6 weeks full pay) maybe paid in equal instalments over the remaining 33 week period. The actual amount that the employee is entitled to is calculated on the basis of what they would have received if they had had their pay over 12 weeks (i.e. weeks 7 to 18). The distribution of the payment should be agreed between the employee and the manager who should inform the Payroll Section. The 12-week period of 50% pay is made on the understanding that the employee will return to local authority employment (this does not have to be with Sunderland City Council) for at least 3 months following her maternity leave If she does not return for 3 months then she may be required to refund the money paid. This decision is at the Council's discretion. Such cases should be referred to the Corporate Head of Personnel who, in conjunction with the Director of the relevant Directorate, will make the decision on a case by case basis. Payments made to the employee by way of SMP are not refundable. The remaining 21 weeks at SMP/MA or any other benefits received. If the employee does not intend to return to work following maternity leave, during the subsequent 33 weeks she will receive just SMP/MA or other benefits. A Week's Pay For occupational maternity pay the definition of a week's pay is as follows: (i) For those employees whose pay for normal working hours does not vary, a week's pay is the amount paid under their current contract of employment for working their normal hours in a week. Maternity Policy February 2007 Page 5

9 (ii) Where there are no normal working hours a week's pay is the average pay over the 12 complete weeks preceding the date when maternity leave starts (excluding any week in which no pay was earned). Statutory Maternity Pay To qualify for SMP employees must: (i) (ii) (iii) (iv) have been continuously employed by Sunderland City Council for at least 26 weeks continuing into the 15th week before the baby is due (i.e. qualifying week) have average weekly earnings in the eight weeks up to and including the qualifying week (or the equivalent if monthly paid) of not less than the lower earnings limit for the payment of National Insurance contributions applicable in the qualifying week leave work after the 15 th week before the baby is due (unless the baby is born early) give her manager proper advance notification of her intentions Statutory maternity pay is a weekly benefit paid through the payroll system and will start on the day the employee s maternity leave starts. Average Weekly Earnings In deciding whether an employee qualifies for SMP and if so at what rate it is necessary to calculate an employee's average weekly earnings. For SMP purposes (for Occupational Maternity pay see. "A weeks pay") generally earnings should be averaged over the 8 weeks up to and including the last pay day before the end of the qualifying week. The calculation may differ from this, depending on an employee's pay period. Corporate Services, Payroll Section will advise on this. Statutory maternity pay is payable for up to 39 weeks and is not dependent upon the employee returning to work after the baby is born. There are two weekly rates of statutory maternity pay. The initial rate is 90% of the employee's average weekly earnings and is payable for the first 6 weeks. The second rate is the lesser of lower rate SMP or 90% of her average weekly earnings and is paid for the subsequent 33 weeks. Maternity Allowance (MA) Some employees may not be entitled to SMP but will be able to claim maternity allowance from the Benefits Agency. Employees who are not entitled to SMP should Maternity Policy February 2007 Page 6

10 be given a completed form SMP1 (obtainable from the payroll section) together with her MATB1. It is the employee's responsibility to submit a claim for Maternity Allowance to the Benefits Agency. The employee should obtain form MA1 from her social security office or maternity clinic, complete the form and send all three forms to her benefits agency, as soon as possible. To qualify for MA employees must have paid standard rate NI contributions in respect of at least 26 weeks in the 66-week period ending with the week before the week in which the baby is due. Entitlement to MA and the rate payable is determined by the Benefits Agency who also makes the payments direct to the employee. MA can be paid for up to 39 weeks. Managers should ask the employee to keep them informed of her entitlements to MA or other benefits as this may affect her occupational maternity pay where applicable. Managers should also ensure that the payroll section is kept updated. Employees not entitled to either SMP or MA may be entitled to other benefits for the period beginning 6 weeks before the week the baby is expected until 2 weeks after the birth. This will be determined by the Benefits Agency and will be automatically considered if the claim for maternity allowance has not been allowed. National Insurance Contributions During paid maternity leave employees will continue to have deductions made from their pay for National Insurance (NI). No NI contributions will be made during unpaid leave so an employee will, therefore, have a gap in their contributions. Right to Return to Work The law requires that all women take Compulsory Maternity leave immediately after the birth of their baby, which is 2 weeks from the date of birth. Subject to subsequent reorganisations or redundancy situations arising, an employee has the right to return to the job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those, which would have been applicable to her if she had not been absent. Job for this purpose, means the nature of the work, which she is employed to do, and the capacity and place in which she is so employed. Where it is not practicable by reason of redundancy for the Council to permit her to return to work in her job as defined above; the employee shall be entitled to be offered a suitable alternative vacancy where one exists, provided that the work to be done in that post is suitable to her and appropriate to the circumstances, and that the capacity and place in which she is to be employed and her terms and conditions of Maternity Policy February 2007 Page 7

11 employment are not substantially less favourable to her than if she had been able to return to the job in which she was originally employed. Suitable alternative employment may also be offered if exceptional circumstances other than redundancy (e.g. a general reorganisation), which would have occurred if the employee had not been absent, necessitate a change in the job in which she was employed prior to her absence. The work to be done should be suitable to her and appropriate to the circumstances and the capacity and place in which she is to be employed on her terms and conditions of employment should not be less favourable to her than if she had been able to return to the job in which she was originally employed. Exercising the Right to Return to Work All Employees If the employee intends to return to work before the end of her ordinary or additional maternity leave she must give her manager 21 days notice of her return. If the employee only wishes to take the 26 weeks ordinary maternity leave, she must give her manager 21 days notice of her return to work in writing, because she will be returning to work before her full maternity leave entitlement has ended. If the employee attempts to return to work earlier than the end of her ordinary maternity or additional maternity leave without giving the 21 days notice, her manager may postpone her return until 21 days notice has been given. The manager may not postpone her return to a date later than the end of her additional maternity leave. Where an employee has provided 21 days notice of an early return to work and subsequently changes their mind and wishes to return even earlier they must give 21 days notice of the new date of return. Where an employee has changed their mind and wishes to postpone their early return to work they must give notice 21 day s before the original early return date. Any requests for unpaid leave in excess of the 52-week leave period should be considered by the Head of Service in consultation with the Corporate Head of Personnel. An employee may postpone her return to work at the end of the maternity leave period by submitting a Doctor's statement stating that she will be incapable of work, before the notified date of return or if no date of return has been notified the expiry of the maternity leave period. The sick pay scheme will apply to this absence. If an employee cannot return to work due to an interruption, such as industrial action she should return when work resumes or as soon as is reasonably practicable. Maternity Policy February 2007 Page 8

12 In the case of an interruption of work, such as industrial action or for some other reason and no date of return has been given an employee may exercise her right to return to work by giving 7 days notice in writing that she intends to return at any time before the end of 14 days from the end of the interruption. A date for return should be agreed between the employee and her Manager. Ante-natal Care Any pregnant employee has the right to paid time off to attend antenatal care. Antenatal care is not restricted to medical examinations, for example, it could include relaxation and parent craft classes. After their first visit employees should be asked to produce their appointment card when asking for time off. Requests for paid time off for antenatal care should not be unreasonably refused. Fertility Treatment Employees who are undergoing fertility treatment will be allowed reasonable time off to attend appointments. Stillbirths or Miscarriages Mothers whose babies are stillborn or who miscarry after the 24th week of pregnancy are still entitled to their period of leave and payments as described. The maternity leave and pay period will be triggered if the employee gives birth or miscarries before the intended (notified) date for starting her leave. Where this occurs before the 24th week the Head of Service should, in consultation with the Corporate Head of Personnel, give sympathetic consideration to the circumstances and consider sick leave/compassionate leave as appropriate. Premature Birth Where a baby is born prematurely, the Head of Service in consultation with the Corporate Head of Personnel will consider the individual circumstances of the case in deciding whether further support is appropriate. Maternity - Relationship with Sickness Maternity leave will not be treated as sick leave and will not therefore be taken into account for the calculation of the period of entitlement to sickness leave. Paid maternity leave and authorised unpaid maternity leave shall be regarded as continuous service for the purpose of Sunderland City Council s occupational sickness schemes. Maternity Policy February 2007 Page 9

13 Pregnancy Related Illness An employee's maternity leave and pay will automatically be triggered by absence, either wholly or partly because of pregnancy, any time after she has reached the 4th week before the EWC. Under the normal sickness absence reporting procedures employees are required to give the reasons for their absence and this requirement still applies. Deciding whether an employee's absence is connected with pregnancy or childbirth may be problematic. Problems may arise when an employee is absent for only an odd day due to a pregnancy-related absence. Under the terms of legislation this will trigger the maternity leave and pay period even though the employee maybe fit to return to work after that days absence. Further concerns may arise over whether the reason for absence is in fact pregnancy-related. There are some conditions which are clearly due to pregnancy, others which are not and some conditions which are due to pregnancy in some expectant women but not others, such as back pain, diarrhoea and vomiting, high blood pressure and anaemia. Consideration should be given to the individual circumstances of each case and in difficult cases the decision as to whether the maternity leave and pay period is triggered should be taken in consultation with the Corporate Head of Personnel who will seek medical advice where necessary from the Occupational Health Unit. Maternity Sickness Guidance This guidance is to be followed when an employee fails to return to work from maternity leave due to sickness and in particular where an employee on maternity leave provides her employer with 21 days notice to return to work early and subsequently fails to return to work on the new date and submits a doctors certificate as required. The employee will then qualify for sick pay as opposed to the reduced SMP payments she would receive under the current maternity scheme. Following legal advice from the City Solicitor, it is clear that failure to pay sick pay in such circumstances could lead to a claim of Unlawful Deduction of Wages and possibly Sex Discrimination. Sick pay must be paid even where an individuals SMP entitlement has not expired. This is explicitly stated in the Green Book and the Burgundy Book (Teachers Conditions). Upon receipt of an employee s sick note the employee is requested to attend a medical review at the Occupational Health Unit. The purpose of the medical review is to establish the reasons why the employee felt unable to return to work following maternity leave. In these circumstances, appointments at the Occupational Health Unit will, where possible, take place within 4 weeks from the submission of the employee s sick note. An early appointment with the Occupational Health Unit is required as it is important to determine, at an early stage, any sickness and welfare Maternity Policy February 2007 Page 10

14 issues the employee may have following maternity leave in order for the Council to provide the appropriate support and guidance. Medical Review Procedure The employee informs their manager that they are unable to return to work following maternity leave due to sickness. After the self-certification period the employee subsequently submits a sick note. The sick note will trigger the manager to submit a normal referral form to the Occupational Health Unit requesting that an appointment for a medical review is required within the next 4 weeks. A letter should be sent to the employee explaining the reason for the medical review and requesting their attendance at the appointment. This should detail the employee s responsibility to contact Occupational Health if any special arrangements are required, such as home visits or a different time or day. If the employee fails to attend the appointment and did not contact the Occupational Health Unit (as above), the employee should be contacted as soon as possible to determine the reason for nonattendance. A subsequent appointment should be made for the employee and a second letter should be sent informing them of the new appointment, requesting their attendance and explaining that under the terms and conditions of their employment they are required to attend these appointments. If the employee attends the appointment, the Occupational Health Unit will be able to advise on progress and likely date of return. Any further action should be carried out in accordance with the attendance management policy. If the employee fails to attend the second appointment without a reasonable explanation sick pay will be suspended. At this stage consideration will need to be given as to whether further action should be taken in accordance with the disciplinary procedure. This guidance is also included in Section 6 of the Attendance Management Policy. Maternity Policy February 2007 Page 11

15 Annual Leave In agreement with their manager employees may take Annual Leave before or after a period of maternity leave. An employee will be expected to take her annual leave in the appropriate leave year and only carry over the maximum 5 days (as set out within the Annual Leave Guidance document for Sunderland City Council). In situations where she is unable to take all of her annual leave entitlement in the appropriate leave year, for example due to sickness or early commencement of maternity leave due to premature birth, or whereby maternity leave coincides with the whole of the annual leave year, she should be able to carry over all remaining contractual leave. Maternity leave, whether paid or unpaid, counts as service and annual leave continues to accrue throughout the period of ordinary and additional maternity leave. Bank holidays should accrue as they fall, for each bank holiday that falls within the ordinary or additional maternity leave period a substitute day s leave should be provided. Part-time employees should not receive a substitute days leave as their entitlement to bank holidays is already provided as part of their annual leave entitlement which is calculated at the beginning of each leave year. Flexible Working Employees have the right to apply to work flexibly, e.g. part time, job share, term time working or some other working pattern, if they have children under the age of 6 years or a child with disabilities under the age of 18 years. Some employees may wish to consider this as an option following their return to work after maternity leave. The Council has a duty to consider such requests. For further detailed guidance, please refer to The Right to Request Flexible Working Procedure and guidance. Paternity Leave Maternity Support Leave Under the Green Book there is an entitlement to 5 days paid maternity support leave for the nominated carer of an expectant mother at or around the time of the birth. Part time employees have a pro rata entitlement. A nominated carer is the person nominated by the mother as their primary provider of support at or around the time of the birth, although usually the father, the role may be undertaken by a relative or someone who has a caring relationship with the mother and/or child but who is not the father. Maternity Policy February 2007 Page 12

16 The purpose of granting the leave is to meet the needs of the employee in addressing problems or commitments outside work, which are likely to have a bearing on the employee's wellbeing and abilities to perform their duties. Employees requesting maternity support leave should complete form Mat SL I (attached as Appendix 3), provide a copy of the mother's MATB1and give as much notice as possible. Managers should satisfy themselves through discussing the situation with the employee that the employee is the nominated carer. The detail of when the leave will be taken should be mutually agreed between the Manager and the employee. The 5 days may be taken together as one period or separately. Requests for maternity support leave should not be unreasonably refused. Statutory Paternity Leave and Pay There is a right to 2 weeks paternity leave and statutory paternity pay for employees in order to care for the new baby and support the mother. Employees who have 26 weeks continuous service with Sunderland City Council by the end of the 15 th week before EWC and from the 15 th week before the baby is due up to the date of birth shall qualify for statutory paternity leave i.e. 41 weeks of continuous service before the baby is due. They must be the biological father of the child or be married to or be the partner of the child s mother and expect to have responsibility for the upbringing of the child. If the baby is born earlier than the 14 th week before it is due and, but for the birth occurring early, the employee would have been employed continuously for the 26 weeks, then they will be deemed to have the necessary length of service. Employees will be entitled to two weeks paternity leave, taken either one-week or in two consecutive weeks. Part time employees have a pro rata entitlement. Leave can start on any day of the week on or following the child s birth but must be completed within 56 days of the actual date of birth of the child or if the child is born early within the period from actual date of birth up to 56 days after the expected week of birth. i.e. 8 weeks. Only one period of leave is provided per pregnancy. Therefore if the employee s partner gives birth to twins the entitlement will still only be two weeks leave. Statutory paternity pay is paid at the lower rate of Statutory Maternity Pay (or 90% of average weekly earnings if less). Employees are required to inform their manager of their intention to take statutory paternity leave and pay at the same time as they request Maternity Support Leave and the employee must give the following information: Maternity Policy February 2007 Page 13

17 the expected week of childbirth the length of leave requested, whether 1 or 2 weeks the date the leave will start a copy of the mother s MATB1 To qualify for Statutory Paternity Pay they must give their request for leave and pay to their manager at least 28 days before they want it to begin, or as soon as is reasonably practicable. Employees will be able to change the date on which they wish their leave to start if necessary. A qualifying employee will be entitled to paid leave if the baby is still born after 24 weeks of pregnancy. If the baby is born alive at any point in the pregnancy but dies later, the employee will be entitled to paid paternity leave in the usual way. In addition to the qualifications for leave, to qualify for statutory Paternity Pay (SPP) an employee must have average earnings at or above the Lower Earnings Limit for National Insurance at the end of his qualifying week. The employee does not have to have paid National Insurance to qualify. Employees who do not qualify for SPP should be given form SPP1 and they maybe able to claim other benefits from the Benefits Agency. Employees will be entitled to return to the same job on Terms and Conditions not less favourable than would have applied if they hadn t been absent. Employees continue to accrue annual leave whilst on Paternity Leave. If employees are off sick they should postpone their paternity leave, but the 56-day period within which they must take their leave cannot be extended. Employees who qualify for both statutory paternity leave and maternity support leave will be entitled to one weeks leave at normal pay and one weeks leave paid at the lower rate of SMP (or 90% of average weekly earnings if less). Any statutory payments received will be offset against normal pay during the first week of absence (so that normal pay is not exceeded). Requests for maternity support leave and Statutory Paternity Leave should be submitted to Managers on the Form Mat SL1 shown in Appendix 3. An employee guide to Paternity Leave is provided at Appendix 7. Antenatal Care Fathers-to-be, partners or nominated carers (in accordance with the Green Book definition) may be given reasonable paid time off for antenatal care e.g. to accompany the expectant mother when undergoing a medical examination. They Maternity Policy February 2007 Page 14

18 should give their manager as much notice as possible and provide evidence of their appointments in advance. Parental Leave Each employee with 12 months continuous service is entitled to 13 weeks unpaid leave, if the child was born or adopted after 15 December Also entitled to 13 weeks unpaid leave are parents of children who were born or placed for adoption between 15 December 1994 and 14 December 1999 or parents of disabled child under 18, and have either worked for their current employer continuously for one year by the time they want to take the leave, or have worked for a previous employer continuously for a year during the period 15 December 1998 and 9 January 2002 and are currently employed. The leave can be taken between the child s date of birth and 5 th birthday and can be taken immediately after either maternity or paternity leave. For further guidance, please contact Corporate Personnel Services via your Directorate HR Manager. Adoption Leave Employees are entitled to adoption leave if they are newly matched with a child for adoption by an approved adoption agency. Employees will be entitled to 26 weeks ordinary adoption leave followed immediately by 26 weeks additional adoption leave, a total of up to 52 weeks leave. For further detailed guidance, refer to the Adoption Policy. Health and Safety Under the European Union Directive pregnant employees must be given specific health and safety protection. These changes have become law in the U.K. through the Management of Health and Safety at Work (Amendment) Regulations Employers have a number of obligations under the legislation. Managers should consider health and safety issues as soon as they are aware that an employee is pregnant. Risk Assessment All workplace risks to the health and safety of new and expectant mothers, where employees include women of childbearing age must be assessed. Risk assessments should be carried out as they are for all employees under existing legislation. New and expectant mothers are defined as "an employee who is pregnant; who has given birth or miscarried within the previous six months; or who is breastfeeding". Maternity Policy February 2007 Page 15

19 Protective Measures Where, through risk assessments, an unacceptable risk has been identified employers must first take any protective or preventative measures required by other health and safety legislation. Where this would not avoid the risk a hierarchy of measures must be followed: if reasonable, alter working conditions or hours of work; if alterations cannot be made offer suitable and appropriate alternative employment on terms and conditions of employment which are not substantially less favourable; if no suitable alternative work is available the employee must be provided with paid leave. Where the employee has unreasonably refused suitable alternative work the employee will be provided with unpaid leave. Night Work A new or expectant mother who performs night work will have the right to be offered suitable alternative employment (or paid leave where this is not available) if she provides a medical certificate showing that her health and safety is at risk if she continues night work. Period of Protection The Council's obligations will run from the time they are aware that the employee is pregnant until 6 months after the date of childbirth (or miscarriage) or until she stops breastfeeding. Leave on Health and Safety Grounds An employee can be granted leave with full pay on health and safety grounds for periods both before and after childbirth but not during maternity leave. The Corporate Head of Personnel should be consulted when suitable alternative employment or possible leave is being considered and medical advice will be sought where necessary via the Occupational Health Unit. Paid Leave of Absence - Contact with Rubella There are specific provisions within the Council's Local Conditions of Service for pregnant employees in contact with Rubella (German Measles). Non-immune female employees in the first four months of pregnancy, who are deemed by their General Practitioner to be at risk of contracting Rubella because of an outbreak of the disease at their normal place of work, shall be granted leave of absence, with full pay, by their Chief Officer, provided that: Maternity Policy February 2007 Page 16

20 (i) (ii) they do not unreasonably refuse to transfer to another establishment where there is no such undue risk; and such an employee will not be required to return to work at her normal place of employment until it has been free from infection for a period of 21 days, being the incubation period of Rubella. Working with V.D.U.'s The current medical view outlined by the Health and Safety Executive is that radiation emissions from a Visual Display Unit (V.D.U.) would not put either a pregnant employee or her unborn child at risk. The H.S.E. further takes the view that the latest research studies have been unable to show a link between miscarriage or birth defect and V.D.U.s and advise that there is no reason for women who are pregnant, or of thinking of becoming so, to stop working with V.D.U.s. Some employees, however, may be anxious about continuing to work with V.D.U.s during pregnancy and this in itself may be stressful. The Council will not, therefore, require employees who are pregnant to work at V.D.U.s whether or not they are designated V.D.U. Operators, if they express the wish not to do so. In the circumstances, when a pregnant employee is concerned about continuing to carry out V.D.U. work, Managers in consultation with the Corporate Head of Personnel will give sympathetic consideration to re-organising her workload or providing suitable alternative work, where practicable, for the period of the pregnancy. The alternative work will be on terms and conditions not less favourable than their current employment. For further information please refer to the Council s Health and Safety Policy or seek advice from the Council s Corporate Health and Safety Advisers. Discriminatory Practice All employees irrespective of their length of service or hours of work now have the right to claim unfair dismissal if, broadly speaking, they are dismissed for a reason which is connected with their pregnancy. It is established that less favourable treatment on grounds of pregnancy constitutes unlawful sex discrimination. Managers need to consider any potential discriminatory practices in their management of maternity. Communication during Maternity Leave The new Regulations make it clear that an employer and employee are allowed to make reasonable contact during maternity leave, to discuss such issues as the return to work. This contact does not constitute work and the Regulations specifically provide that such contact will not bring the maternity leave period to an end. In addition to discussing the return to work managers should also keep an Maternity Policy February 2007 Page 17

21 employee on maternity leave informed of other issues, such as job vacancies, significant workplace developments and training opportunities as set out in Part 4.5, paragraph 1.5 of the Green Book. It is advised that a meeting takes place between the employee and their manager prior to the start of maternity leave to establish the level of workplace information the employee may wish to receive whilst on maternity leave. Keeping in Touch Days (KIT) The new maternity leave regulations provide that a woman can do up to 10 days work during her maternity leave without bringing her maternity leave to an end. Working for part of a day will count as one day. The SMP Regulations will also be amended to provide that a woman will not lose any SMP for working for up to 10 days. The current rule will continue to apply after the 10 days have been exhausted, therefore a woman will lose her SMP for any week in which she does any further work. Work is defined as any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace. This provision is designed to facilitate a woman working during this period. Managers cannot insist that a woman carries out any work and she is protected from suffering a detriment or being dismissed for refusing to do so. Equally, a woman cannot insist on being given any work to do. A woman s maternity leave will not be extended due to the fact that she has carried out some work during this period. A woman cannot carry out any work during the first two weeks following the birth of the child. Where a woman chooses to utilise a KIT day she should receive her normal hourly rate for the hours worked on that day, although it should be noted that attendance at work on any particular day would count as a whole KIT day irrespective of how long she actually worked. SMP and any other occupational pay entitlement will be offset for any KIT days worked to prevent her from receiving more than full pay, however she will receive her entitlement to SMP and any other occupational pay entitlement for the remainder of the week. Where normal pay for hours worked on a KIT day would amount to less than her entitlement to SMP or any other occupational entitlement she will receive her statutory or occupational maternity pay entitlement to ensure she does not lose out financially for any KIT days worked. Women will be required to key-in (where applicable) when they attend work on a KIT day to ensure the hours worked are logged. They are also required to complete the form attached at Appendix 8 at the end of each KIT day to ensure they receive normal pay for hours worked, this form must be signed by the employee s manager and submitted to payroll. Maternity Policy February 2007 Page 18

22 Redundancy during Pregnancy/Maternity Leave Normal redundancy procedures should be applied where an employee who is pregnant or is on maternity leave has been identified as redundant. Managers should ensure that a woman's pregnancy or the fact that she is going to take, or is taking maternity leave, does not in any way disadvantage her. Managers should consider: how the consultation procedures will operate to ensure that women on maternity leave are informed of and allowed to apply for alternative vacancies. Where available, suitable alternative employment should be offered. the use of temporary cover when a woman cannot immediately take up a new post because of her pregnancy or maternity leave. Contractual Benefits during Maternity Leave During the maternity leave period employees must be treated as if they were at work except in relation to pay. The following benefits should be paid in full. essential car users lump sum allowance car lease payments. The following benefits may be payable: performance related pay bonus schemes. Whether the above payments are made will depend upon the operation of the schemes. If such payments would be made if the employee were absent on annual leave or due to sickness, then the payments should be made, or if they relate to periods of work that the employee has or will work. Lease Car Payments Employee Contributions Where an employee is participating in the car lease scheme during the maternity leave period employee contributions will be collected from pay as normal during paid leave, provided the pay being received is more than the employee contribution. Where the employee contribution is more than the amount of pay due to the employee or where the employee has gone onto unpaid leave Corporate Procurement will invoice the employee for their contribution. Maternity Policy February 2007 Page 19

23 Pension Contributions During paid maternity leave members of the Local Government Pension Scheme (LGPS) will continue to have deductions made from their maternity pay proportionate to the amount of pay received in respect of their own contributions to the pension scheme. The Council will make contributions based on notional full pay. Any period of unpaid maternity leave will not count for pension purposes unless the employee wishes to opt to pay contributions to cover the unpaid period. In which case the employee will pay contributions based on notional pay which is based on either the maternity pay they were entitled to receive on the last day of paid maternity leave (treating the 12 weeks half pay contractual maternity pay - as if it had been paid over weeks 7-18 of their leave irrespective of when it was paid) or if the employee was not entitled to receive maternity pay the employee s full rate of pay prior to going on maternity leave. The Council s contributions are based on notional full pay. Further advice can be sought from the Payroll and Pension Section of City Treasurer s. Temporary Employees All female employees, regardless of their length of service, or the number of hours they work, will qualify for maternity benefits. This will also cover employees on temporary or fixed term contracts, no matter how short. If an employee's temporary contract terminates during their maternity leave then this will end their maternity leave as well as their employment. The right to statutory maternity pay however is determined at the 15th week before the EWC. If the employee has an entitlement to SMP then the Council will continue to pay this to the employee until their entitlement to SMP has been exhausted. Managers should ensure that temporary and fixed term employees are treated in the same way, as they would have been if they had not become pregnant. Manager s Role As previously described, an employee's entitlement to maternity pay is determined by their length of continuous local government service, continuous service with the Council and their level of earnings. The flowcharts on at Appendix 5 describe how to work out an employee s entitlement. Maternity Policy February 2007 Page 20

24 An Employee Guide (A copy is attached as Appendix 6) has also been produced. The purpose of the guide is to present the basic information, in the simplest form for employees, going on maternity leave. Managers should take a pro-active approach when managing maternity and ensure that employees are aware of their rights and obligations. Managers should encourage early notification of pregnancy and having been informed that an employee is pregnant the manager should meet with the employee, confirm the details of her entitlement to leave and pay in writing using the standard letter Mat LP2 enclosing a copy of the employee guide. On the back of each guide is a checklist for relevant dates which can be completed, along with the Manager's checklist, for the Manager (see Appendix 4) so that both the employee and manager are clear of the appropriate maternity rights and obligations. Any health and safety issues should also be considered and risk assessments undertaken and protective measures taken where necessary. Managers should also remain in contact with an employee during her maternity leave. This will ensure that the employee does not become isolated from the workplace and also enables the Manager to keep up to date with any changes relating to the pregnancy or the employee's intentions regarding work. Managing Maternity - Summary Take a pro-active approach. Encourage early notification of pregnancy. Establish when leave will commence and whether employee intends to return to work. Ensure employees understand their rights and obligations confirm this in writing within 28 days of notification and enclose the employee guide. Consider health and safety issues, undertake a risk assessment and take appropriate action. If employee does not wish to return to work agree a leaving date. Allow reasonable time off for antenatal care including relaxation and parent craft classes. Ensure employee provides a MATB1. Where sickness occurs after 4th week before the EWC establish whether it is pregnancy-related. Maternity Policy February 2007 Page 21