Policy. Maternity Policy. Contents

Transcription

1 Policy Maternity Policy Contents Introduction 2 Maternity rights 2 Time off for antenatal care 3 Health and safety 3 Entitlement to statutory maternity leave 4 Annual leave 4 Entitlement to statutory maternity pay 5 Entitlement to contractual maternity pay 5 Pension contributions 6 Notification of baby s birth 6 Contact during maternity leave 6 Rights on and after return to work 6 Breastfeeding 7 Transfer of maternity leave 7 Shared parental leave 7 Additional paternity leave 8 Approved by: Senior Management Team Date first published: Oct-2014 Version No. 4.0 Date updated: Dec-2015 Owner: Human Resources Directorate Review Date: Apr-2017 This document has been designed to be accessible for readers. However, should you require the document in an alternative format please contact the Academic Quality Directorate Buckinghamshire New University

2 Introduction 1 This policy sets out the statutory and contractual rights and responsibilities of employees who are pregnant or have recently given birth, and gives details of the arrangements for antenatal care, pregnancy related illness, maternity leave, pay and breastfeeding on return to work. 2 Bucks New University is committed to providing all reasonable support to employees who are pregnant or new mothers. Colleagues should be sensitive to this issue and should also adopt a supportive attitude towards such employees. Every employee has the right to be treated with dignity at work and this requirement is particularly relevant and important to employees who are pregnant or who have recently given birth. 3 Pregnancy and maternity is also a protected characteristic under the Equality Act For further information see guidance on the University web pages. 4 The University recognises that, from time to time, employees may have questions or concerns relating to their maternity rights. It is the University s policy to encourage open discussion with employees to ensure that questions and problems can be resolved as quickly as possible. Maternity rights 5 If an employee is pregnant they should inform their line manager at the earliest opportunity and contact the Human Resources Directorate for an individual meeting. 6 For reference please refer to the Health & Safety: Women Workers Policy Statement and Risk Assessment Form for New & Expectant Mothers. 7 During the meeting with Human Resources the employee will be given the risk assessment form (as above) to complete with their line manager so that any potential risks to their health and safety may be assessed. Any concerns will be referred to the Health and Safety Manager. 8 A Maternity Leave Notification form will also be given to the employee, to be returned to the Human Resources Directorate along with an original MATB1 certificate (obtained from their GP, Midwife or Health Visitor), no later than 15 weeks before the expected date of childbirth. The University will formally respond in writing to the employee s notification of their leave plans within 28 days, confirming the date on which they expect to return to work. 9 If the employee wishes to return to work earlier than the date agreed, whether following ordinary or additional maternity leave (explained below), they must give a minimum of 8 weeks written notice of the date on which they wish to return to work. 10 If an employee decides to take additional maternity leave whilst on ordinary maternity leave, they must also give 8 weeks written notice of their change of intention. If an employee decides not to return to work after statutory maternity leave they must notify the University at the earliest opportunity. 11 Entitlement to maternity pay depends on the length of continuous service and employment status. Buckinghamshire New University Page 2 of 8

3 12 The following definitions are used in this policy: Expected week of childbirth means the week, starting on a Sunday, during which the employee s doctor or midwife expects her to give birth. Qualifying week means the 15 th week before the expected week of childbirth. Continuous Service means the total amount of unbroken employment which the employee has accumulated by working at the University or other Local Government Modification Order (1999) Body. Time off for antenatal care 13 Once an employee has advised the University that they are pregnant, they will be entitled not to be unreasonably refused paid time off work to attend antenatal appointments as advised by her doctor, registered midwife or registered health visitor. 14 To be entitled to take time off for antenatal care, the employee is required to produce a certificate from her doctor, registered midwife or registered health visitor, stating that she is pregnant. Except in the case of the first appointment, the employee should also produce evidence of the appointment, such as a medical certificate or appointment card, if requested to do so. 15 Antenatal care may include relaxation and parent craft classes that the employee's doctor, midwife or health visitor has advised her to attend, in addition to medical examinations. 16 The employee should endeavour to give their line manager as much notice as possible of antenatal appointments and, wherever possible, try to arrange them as near to the start or end of the working day as possible. 17 An individual who has a qualifying relationship with the employee, which includes the employee's husband or civil partner and the father of the expected child, is eligible to take unpaid time off to accompany the employee at up to two antenatal appointments. The individual with the qualifying relationship should ask his/her employer for more details of the right. 18 The time off will be unpaid and equally line managers can request evidence of the appointments if required. Health and safety 19 The University has a duty to take care of the health and safety of all employees. We are also required to carry out a risk assessment to assess the workplace risks to women who are pregnant, have recently given birth or are breastfeeding where the work is of a kind that could involve a risk of harm or danger to her health and safety or the health and safety of her baby and the risk arises from either processes, working conditions or physical, chemical or biological agents in the workplace. 20 If applicable, the University will provide the employee with information as to any risks identified in the risk assessment. If the risk assessment reveals that the employee would be exposed to health hazards in carrying out her normal job duties, the University will take such steps as are reasonably necessary to avoid those risks, such as altering the employee's working conditions. In some cases, this may mean offering the employee suitable alternative work (if available) on terms and conditions that are not substantially less favourable. Buckinghamshire New University Page 3 of 8

4 21 If it is not possible for the University to alter the employee's working conditions to remove the risks to her health and there is no suitable alternative work available to offer her on a temporary basis, the University may suspend her from work on maternity grounds until such time as there are no longer any risks to her health. This may be for the remainder of her pregnancy until the commencement of her maternity leave. If an employee is suspended in these circumstances, her employment will continue during the period of the suspension and it does not in any way affect her statutory or contractual employment and maternity rights. The employee will be entitled to her normal salary and contractual benefits during the period of her suspension, unless she has unreasonably refused an offer of suitable alternative employment. 22 The University provides a dedicated rest room for pregnant employees and new mothers. Employees can use this room to: rest when they feel tired a comfortable chair together with a couch are provided; breastfeed or bottle-feed their babies - heating facilities for bottled milk and a refrigerator are provided; express milk. 23 The High Wycombe rest room is located in Timberlake building (T2.16) and is a private room to be used only for these purposes (any issues relating to the room and facilities should be reported via the Badger system). The room can be accessed by the Bucks ID Card and can be manually locked from the inside. Toilets are located nearby. At Uxbridge campus the rest room is located on the lower ground floor. Entitlement to statutory maternity leave 24 All female employees are entitled to 26 weeks unpaid ordinary maternity leave followed by 26 weeks unpaid additional maternity leave regardless of service. The total amount of statutory maternity leave therefore will not exceed 52 weeks. 25 The earliest date that statutory maternity leave can commence is the beginning of the 11 th week before the expected date of childbirth. Commencement of statutory maternity leave can be triggered automatically if the employee is absent for pregnancy-related sickness at any time during the four weeks before the expected week of childbirth or if childbirth occurs earlier than expected, when statutory maternity leave will start on the day after the day on which childbirth occurs. 26 An employee does not have to take all the leave they are entitled to; however, for health and safety reasons, they are required by law not to work for the 2 weeks after their baby is born. Annual leave 27 During both ordinary and additional maternity leave an employee will continue to accrue annual leave. Annual leave can, if agreed with the line manager, be taken prior to the commencement or at the end of statutory maternity leave. Arrangements for annual leave can be discussed with the Human Resources Directorate; however the timing of annual leave is at the discretion of the line manager and must be agreed in advance. Buckinghamshire New University Page 4 of 8

5 Entitlement to statutory maternity pay 28 Statutory maternity pay (SMP) is payable for up to 39 weeks during maternity leave. An employee is entitled to SMP if: they have been continuously employed by the University for at least 26 weeks at the end of the qualifying week and are still employed during that week; their average weekly earnings in the period between the last normal pay day before the Saturday at the end of the qualifying week, and the last normal pay day at least 8 weeks before that date, are not less than the lower earnings limit for national insurance contributions; they are still pregnant 11 weeks before the start of the expected week of childbirth (or have already given birth); and a MATB1 form stating the expected week of childbirth has been provided. 29 SMP is paid as follows: 6 weeks at the higher rate of SMP ( 9 / 10 of pay), followed by 33 weeks at the standard rate of SMP 30 If an employee earns less than the standard rate of SMP, they will be paid at 90% of their average weekly earnings. 31 Payment of SMP cannot start prior to the 11 th week before the employee s expected week of childbirth. SMP can start from any day of the week in accordance with the date the employee starts her maternity leave. 32 Payment of maternity pay is made in the normal way by Bank Credit Transfer on the last working day of the month. 33 If the employee becomes eligible for an increment or pay award between the start of the original calculation period and the end of her maternity leave (whether ordinary or additional maternity leave), the higher or standard rate of SMP and contractual maternity pay (CMP), explained below, will be recalculated to take account of the employee's pay rise, regardless of whether SMP/CMP has already been paid. This means that the employee's SMP/CMP will be recalculated and increased retrospectively, or that she may qualify for SMP if she did not previously. The employee will be paid a lump sum to make up any difference between SMP/CMP already paid and the amount payable as a result of the pay rise. 34 All payments made under SMP/CMP are treated as income and are therefore liable for income tax and National Insurance in the same way as normal pay. Entitlement to contractual maternity pay 35 After one year of continuous service with the University prior to the expected date of childbirth, an employee is entitled to contractual maternity pay (CMP) as follows: 4 weeks at full pay 2 weeks at 90% of full pay offset against higher rate SMP offset against higher rate SMP 12 weeks at 50% of full pay plus standard rate of SMP Buckinghamshire New University Page 5 of 8

6 36 To confirm, payment of CMP is offset against higher rate SMP for the first 6 weeks. The 12 weeks of CMP at 50% of full pay is paid in addition to the standard rate of SMP which is paid for 33 weeks. Pension contributions 37 Pension contributions will continue to be made provided that the employee is receiving SMP (i.e. pension contributions will not be paid through any period of unpaid statutory maternity leave). Employee contributions will be based on actual pay, while employer contributions will be based on the salary that the employee would have received had they not gone on maternity leave. Note: For those employees in the Local Government Pension Scheme, the employee may elect to pay the pension contributions missed during a period of unpaid maternity leave, but will also be required to pay the employer s contribution. If an employee elects to make the contributions, this period of time will count towards their reckonable service when calculating their pension, otherwise it will not. This does not apply to those in the Teachers Pension Scheme. Notification of baby s birth 38 As soon as possible after the birth of the baby, a copy of the birth certificate should be forwarded to the Human Resources Directorate. The birth certificate confirms the continuing right to statutory maternity leave. Contact during maternity leave 39 Shortly before an employee's maternity leave starts, the University will discuss the arrangements to keep in touch during maternity leave, should the employee wish to do so. The University reserves the right in any event to maintain reasonable contact with the employee from time to time during their maternity leave. This may be to discuss the employee's plans for return to work, to discuss any special arrangements to be made or training to be given to ease their return to work or simply to update on developments at work during their absence. 40 Keeping-in-touch days: except during the first two weeks after childbirth, an employee can agree to work for the University (or to attend training) for up to 10 days during either ordinary maternity leave or additional maternity leave without that work bringing the period of their maternity leave to an end and without loss of SMP. These are known as keeping-in-touch days. Any work carried out on a day shall constitute a day's work for these purposes. The University has no right to require the employee to carry out any work, and the employee has no right to undertake any work, during their maternity leave. Any work undertaken, including the amount of salary paid or time to be taken off in lieu for any work done on keeping-in-touch days, is entirely a matter for agreement between the University and the employee. Line managers will need to advise the HR Directorate; using the Keeping in Touch Day notification form if an employee has used a KIT day in order for them to be paid accordingly and where possible in the month that they work. Rights on and after return to work 41 On resuming work after ordinary or additional maternity leave, the employee is entitled to return to the same job as they occupied before commencing maternity leave and on Buckinghamshire New University Page 6 of 8

7 the same terms and conditions of employment as if they had not been absent. However, if it is not reasonably practicable for the University to allow the employee to return to the same job, the University may offer the employee suitable alternative work, on terms and conditions that are no less favourable than would have applied if they had not been absent. 42 An employee who worked full-time prior to their maternity leave has no automatic right to return to work on a part-time basis or to make other changes to their working patterns. However, all requests for part-time work or other flexible working arrangements will be considered in line with the operational requirements of the University's business. If an employee would like this option to be considered, they should complete and return to their line manager the Request for Flexible Working Form in the Flexible Working Policy & Procedure. Breastfeeding 43 We are dedicated to providing all possible support and facilities to employees who have returned to work after a period of maternity leave, to assist their transition back to work. See paragraph 23 for location of rest rooms for new mothers. These facilities may be particularly useful for employees whose babies are at a nursery nearby or where the employee's home is close to the workplace (see paragraphs 22 and 23). 44 Colleagues should note that children are not allowed on the premises other than for the purposes of breastfeeding. See the Admission of Student / Employee Children to University Premises policy. 45 We will ensure (while also taking the needs of the business into account) that new mothers are allowed reasonable flexibility in their working hours and rest breaks to allow them to make use of the University's facilities. An employee should inform her manager if she wishes to use the dedicated rest room, so that the line manager is aware of her absence. Employees should also let the University know of any recommendation that their doctor has made in relation to their health and wellbeing during the period following the birth of their baby/babies. 46 An employee who wishes to request flexibility to, for example, go home to feed her baby, should speak to her line manager. While the University cannot guarantee that it will be able to agree to every request for flexibility, it will give favourable consideration to requests and endeavour, within reason, to accommodate employees' wishes (see paragraph 42). Transfer of maternity leave Shared parental leave 47 Shared parental leave is available in relation to babies due on or after 5 April Shared parental leave enables mothers to commit to ending their maternity leave and pay at a future date, and to share the untaken balance of leave and pay as shared parental leave with their partner. 48 Shared parental leave must be taken in blocks of at least one week. Individuals can request to take shared parental leave in one continuous block (in which case the University is required to accept the request as long as the individual meets the Buckinghamshire New University Page 7 of 8

8 eligibility and notice requirements), or as a number of discontinuous blocks of leave (in which case the individual needs the University s agreement). 49 To be able to take shared parental leave, an employee and his/her partner must meet various eligibility requirements and have complied with the relevant curtailment, notice and evidence requirements. This includes the mother curtailing her maternity leave. 50 Employees can refer to the University s policy on shared parental leave, where they will find full details of the eligibility requirements, as well as instructions as to how the mother's maternity leave can be curtailed. The University s policy on shared parental leave sets out the notice periods with which employees must comply and what evidence they must provide to the organisation. The policy also contains more details on employees' entitlement to statutory shared parental pay. 51 The mother and the partner should ensure that they are each liaising with their own employer when making requests for shared parental leave. Additional paternity leave 45 Additional paternity leave is available in relation to babies due before 5 April If an employee proposes to return to work by giving proper notification, her spouse, civil partner or partner may be eligible to take additional paternity leave (and additional statutory paternity pay) once she has returned to work. 46 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 the date of birth. The minimum period of additional paternity leave is two consecutive weeks and the maximum period is 26 weeks. 47 Further details should be obtained from the employee's spouse's or partner's employer. She will be required to submit a written and signed declaration form to that employer, which may also make additional enquiries of the organisation to verify its employee's entitlement to additional paternity leave and pay. Buckinghamshire New University Page 8 of 8