MATERNITY /ADOPTION LEAVE, MATERNITY/ADOPTION SUPPORT LEAVE POLICY

Transcription

1 LONDON BOROUGH OF LAMBETH MATERNITY /ADOPTION LEAVE, MATERNITY/ADOPTION SUPPORT LEAVE POLICY POLICY The Council has statutory obligations in respect of maternity leave, and obligations in respect of the national conditions of service. In addition, the Council applies more generous occupational maternity provisions for those with over 12 months continuous local government service, and also has an occupational adoption leave scheme. LEGISLATION Employment Rights Act 1996: Maternity Allowance and Statutory Maternity Pay regulations 1994 Management of Health & Safety at Work Regulations 1992 (Amendment) 1994 Employment Relations Act 1999 Employment Act 2002 Maternity and Parental Leave etc Regulations 1999 Maternity and Parental Leave (Amendment) Regulations 2002 AIM To provide a framework to enable pregnant employees to understand their rights and obligations and to assist employees who are adopting a child, and to regulate the application of the maternity and adoption provisions. To advise on maternity/adoption support leave. APPLICATION - Maternity Provisions The application of these provisions applies to all pregnant employees regardless of the number of hours worked per week ANTE-NATAL CARE An employee will be allowed time-off to receive antenatal care. After the first appointment, the employee must produce an appointment card, if requested to do so by the employer. 13/11/08 1

2 MATERNITY LEAVE There are three schemes available to Lambeth staff depending on Length of service. ORDINARY MATERNITY LEAVE Women who have less than 26 weeks continuous service before the 15 week prior to EWC are entitled to 26 weeks Ordinary Maternal Leave irrespective of start date. For women who have less than 26 weeks continuous service, ordinary maternity leave is unpaid and they need to apply to their local social security office for Maternity Allowance. ADDITIONAL MATERNITY LEAVE If less than 12 months continuous service, women who have completed 26 week s continuous service with the council by the 15 th week before their EWC will be able to take Additional Maternity Leave. Additional maternity leave will start immediately after ordinary maternity leave and continue for a further 26 weeks (unpaid). Lambeth Occupational Scheme ENHANCED CONTRACTUAL TERMS Employees with more than 12 month s continuous service at the beginning of the 11 th week before EWC will be entitled to the council s more generous maternity provisions which entitles them to receive pay during the ordinary maternity leave and for part of the additional maternity leave. Maternity leave shall commence no earlier than the Saturday of the 11th week before EWC and cease no later than the date of the child s first birthday. Employees with enhanced contractual rights are required to confirm in writing an intent to return to work for a minimum period of three months following maternity leave (this applies to employees with 12 months or more Local Government Service at the beginning of the 11 th week before EWC). This is not a statutory requirement and applies only to those who qualify for the contractual maternity scheme. 13/11/08 2

3 Any employee with 12 month's service, who fails to meet the requirements to return to work for a three month period may be required to repay all maternity pay received or a proportion thereof, in accordance with the national provisions. PROCESS FOR APPLYING FOR MATERNITY LEAVE (all categories) To qualify for the benefits of this scheme, a woman employee must inform their manager That she is pregnant Provide a doctor's statement indicating the expected date of confinement. This normally takes the form of a Certificate MAT B1, which confirms the Expected Week of Confinement (EWC). Notify the Council of her intention to take maternity leave by Saturday of the 15 th week before her EWC, unless this is not reasonably practicable. The employee will need to tell the Council: The week her baby is expected to be born When she wants her maternity leave to start A woman will be able to change her mind about when she wants to start her leave providing she notifies the Council at least 28 days in advance (unless this is not reasonably practicable). The Council will respond to the employee s notification of her leave plans within 28 days. The response will set out the date on which the Council expects the employee to return to work if she takes her full entitlement to maternity leave. A woman s maternity leave will start automatically if she is absent from work for a pregnancy related illness during the four weeks before the start of her EWC, regardless of when she has said she actually wants her maternity leave to start. The employee cannot remain at work if certified medically unfit to do so. Maternity leave may start no earlier that the 11 th week before the expected week of the child Where a woman has a stillborn baby after 24 weeks of pregnancy, she remains entitled to the relevant period of paid maternity leave. The employee must not accept other forms of paid employment during the period of maternity leave. The employer will ensure that regulations specific to pregnant employees, under the Management of Health & Safety at Work Regulations (Amendment Regulations 1994, are met. PAY WHILST ON LAMBETH MATERNITY LEAVE Employees with 12 month's or more continuous service at the beginning of the 11 th week before EWC will have: 13/11/08 3

4 The entitlement to receive up to 40 weeks paid leave from the date maternity leave commences and a further 12 weeks unpaid leave. Maternity leave commencing not before the 11 th week of the expected date of confinement would be paid as follows: (a) (b) (c) The first 6 weeks at 9/10ths of full pay offset against payments made by SMP. The next 10 weeks at full pay offset against payments made by SMP. A further 24 weeks at half pay. For the first ten weeks of this period, SMP will be paid in addition. A woman whose contract of employment does not permit her to return to work for three months after maternity leave (e.g. the contract is for a fixed term which expires before she can complete a three-month return to work) will not qualify for the Lambeth occupational maternity scheme. In this case the employee s entitlements will be as those for employees with less than 12 months continuous service. Pay while on additional maternity leave Women qualifying for additional maternity leave will be paid statutory maternity pay (SMP) for the first 26 weeks. For the first 6 weeks of maternity leave the employee will receive SMP worth 90% of their normal weekly earnings. The remaining 20 weeks of ordinary maternity leave are paid at the lower rate of SMP (currently 100 per week) or 90% of weekly earnings (if earning less than the current lower rate of SMP) The additional 26 weeks will be unpaid those women qualifying for paid additional maternity leave would have 12 months continuous service and automatically qualify for Lambeth s occupational scheme. An employee who is entitled to SMP and whose EWC begins on or after 6 th April 2003 but who gave birth prematurely will still be entitled to receive SMP for 26 weeks. Further information in relation to SMP allowances can be obtained from the Department for Work and Pensions website. RETURNING TO WORK AFTER MATERNITY LEAVE An employee has the right to return from maternity leave to the substantive post held prior to commencing maternity leave. Where the post no longer exists via deletion or redundancy then all attempts to include the employee in any consultation and selection processes should be made including finding suitable alternative employment. An employee who intends to return to work at the end of her full maternity leave entitlement will not be required to give any further notification to the council. However, 13/11/08 4

5 prior to taking maternity leave she should notify the council of her intention to return to work on a particular date. If she then decides to vary this date 28 days notice is required. An employee who wishes to return to work before the end of their ordinary or additional maternity leave should give 28 days notice of their intention to return early. All maternity leavers must return to work following additional maternity or the council s occupational scheme no later than 52 weeks from the commencement of their maternity leave. An employee may postpone her return after the end of maternity leave period by submitting a doctor's statement, stating that the employee will be incapable to work, before the notified date of return or if no date of return has been notified, the expiry of the maternity leave period. The Council's sickness scheme will apply to such an absence. If an employee is unable to return to work at the end of the maternity leave because of a pregnancy-related illness then a doctor's medical certificate must be submitted. If the illness is pregnancy related then advice from HR Lead Officer or HR Policy Unit must be sought. An employee who resumes work after ordinary maternity leave is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent. If a redundancy situation has arisen she is entitled to be offered a suitable alternative vacancy. FLEXIBLE WORKING An employee who has a child under the age of six or a disabled child under the age of 18 has the right to apply to work flexibly and should refer to the council s flexible working/work-life balance policy. Employees may request that they return to work on either a job-share basis or on a part-time basis. Every effort will be made by the employer to accommodate such a request, which shall be managed in accordance with the provisions of the Job Share Scheme policy. If a Job Share in the employee s existing post is not possible, every endeavour will be made to find a suitable job-share or part-time post on the same grade. ANNUAL LEAVE Annual leave continues to accrue throughout the period of maternity leave including unpaid maternity leave. Employees on maternity leave over more than one annual leave year are entitled to carry forward up to 5 days annual leave to the next year. Additional annual leave of 5 days can be carried over with the agreement of the Executive Director (making a maximum of 10), however all carried-over leave must be taken within two months of employees return to work Bank Holidays will accrue during the first 26 weeks of maternity leave (should any Bank Holidays occur within this period). There is no requirement for an employer to allow Bank Holidays to accrue in any period longer than the 26 weeks of Ordinary maternity Leave. 13/11/08 5

6 MATERNITY LEAVE AND SICKNESS LEAVE Maternity leave will not be treated as sick leave and will not be taken into account for calculating entitlement to sickness leave. MATERNITY AND SUPERANNUATION Superannuation contributions continue to be deducted throughout the period of paid maternity leave and for the first 30 days of unpaid leave. Thereafter, the individual may choose whether or not to continue to pay contributions. It is recommended that the expectant parent contact the Superannuation Section for specific advice. MATERNITY AND CAR/SEASON TICKET LOANS Repayment of loans will continue during paid maternity leave on a pro rata basis and will be suspended for the period of unpaid leave. Car user allowances will be paid on a similar basis however mileage claims will not be payable. 13/11/08 6

7 MATERNITY ENTITLEMENT AMOUNT OF SERVICE MATERNITY PAY MATERNITY LEAVE 0 to 26 weeks service before the 15 th week before the expected week of confinement Nil but entitled to Maternity Allowance from the DSS 26 weeks commencing no earlier than the 11 th week before the EWC 26 to 52 weeks before the 15 th week before EWC 26 weeks paid at Statutory Maternity Pay (SMP) 26 weeks at SMP 26 weeks unpaid 52+ weeks before EWC 1st 6 weeks at 9/10ths of full pay 10 weeks at full pay 24 weeks at half pay 12 weeks unpaid 52 weeks 13/11/08 7

8

9 ADOPTION LEAVE An Employee may be eligible to take paid leave when a child is newly placed for adoption. Adoption leave and pay will be available to: Individuals who adopt (from within the UK and through a recognised Adoption Agency or through an overseas adoption agency and who have obtained a certificate of adoption through the Department of Health) One member of a couple where a couple adopt jointly (the couple may choose which partner takes the adoption leave the other being eligible for maternity/adoption support leave) ELIGIBILITY To qualify for adoption leave, an employee must: Be *newly matched with a child for adoption by an approved adoption agency Have worked continuously for the council for 26 weeks leading into the week in which they are notified of being matched with a child for adoption *Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a step-parent is adopting a partner s children. ORDINARY/ADDITIONAL ADOPTION LEAVE An employee wishing to adopt (who has more than 26 weeks continuous service but less than one year by the week they are notified of being matched with a child for adoption) is entitled to up to 26 weeks ordinary adoption leave followed immediately by up to 26 weeks additional adoption leave a total of up to 52 weeks As the employee does not quality for the council s enhanced contractual terms, they will receive Statutory Adoption Pay (SAP) during their ordinary adoption leave and the additional adoption leave will be unpaid. ENHANCED CONTRACTUAL TERMS An employee with more than 12 month local government service will be entitled to receive leave and pay identical to the Councils Contractual Maternity Leave Scheme. The same contractual conditions will apply. However the following differences will apply: Adopters will need to provide a MATCHING CERTIFICATE (see below) Partners of employees applying for adoption leave will need to sign a declaration that they are not intending to apply for adoption leave (whether they work for the Council or not). 13/11/08 9

10 APPLICATION -Adoption Leave Provisions If both adopted parents are employed by the Council, then consideration will be given to reassigning all or part of the adoption leave to the other parent. The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to maternity support leave and pay. Paid adoption leave will be available to employees where an approved adoption agency notifies the adopter of a match with a child. MATCHING CERTIFICATE Employees will have to give the Council documentary evidence a Matching Certificate from their adoption agency as evidence of their entitlement to SAP. The Council will ask for this certificate as proof of entitlement to adoptive leave. NOTICE OF INTENTION TO TAKE ADOPTION LEAVE Adopters will be required to inform their employers of their intention to take adoption leave within 7 days of being notified by their adoption agency that they have been matched with a child for adoption, unless this is not reasonably practicable. The employee will need to tell the Council: when a child is expected to be placed with them and when they want their adoption leave to start. Adopters will be able to change their mind about the date on which they want their leave to start providing they tell the Council at least 28 days in advance (unless this is not reasonably practicable). They will have to tell the Council the date they expect any payments of Statutory Adoption Pay (SAP) to start at least 28 days in advance, unless this is not reasonably practicable. The Council will have 28 days in which to respond to the employee s notification of their leave plans. The Council will write to the employee setting out the date on which they expect the employee to return to work if the full entitlement to adoption leave is taken. STARTING ADOPTION LEAVE An employee can choose to start their leave: From the date of the child s placement (whether this is earlier than expected), or From a fixed date which can be up to 14 days before the expected date of placement. Leave can start on any day of the week. Only one period of leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement. 13/11/08 10

11 If the child s placement ends during the adoption leave period, the adopter will be able to continue adoption leave for up to eight weeks after the end of the placement. An adoptive parent will be required to state in writing that they are the primary carer taking the major child-care responsibility. Otherwise an adoptive parent will be entitled to the equivalent of maternity support leave of no more than 10 days. Time off with pay will be granted for parents to attend court at the appropriate time to sign adoption papers, if this occurs outside the period of adoption leave. PAY WHILST ON ADOPTION LEAVE Pay while on the Contractual Scheme will be the same entitlement as the Council s Contractual Maternity Scheme. Pay whilst on Ordinary/Additional Adoption leave: For those who qualify for Statutory Adoption Pay (SAP) will be paid by the Council for up to 26 weeks. The rate of SAP will be the same as the standard rate of Statutory Maternity Pay. From April 2003 this will be 100 a week or 90% of average weekly earning if this is less than 100. RETURN TO WORK AFTER ADOPTION LEAVE Adopters who intend to return to work at the end of their full adoption leave entitlement will not have to give any further notification to the Council. However, the employee must establish the intention to return to work on a particular date, before commencing the leave. Adopters who want to return to work before the end of their adoption leave period, must give the Council 28 days notice of the date they intend to return. An employee who resumes work after ordinary adoption leave is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent. If a redundancy situation has arisen she is entitled to be offered a suitable alternative vacancy. An employee who returns after additional adoption leave is entitled to return to the same job, on the same terms and conditions had she not been absent. However, if it is not reasonably practicable for her to return to the same job she should be offered a similar job on terms and conditions that are no less favourable than her original job. 13/11/08 11

12 MATERNITY/ ADOPTION SUPPORT LEAVE Employees who are eligible have a statutory right to take Maternity/Adoption Support Leave (called Paternity Leave in law). The Council already operates a maternity support scheme, which enables fathers/partners to have up to ten days paid leave. (See Leave Code) ELIGIBILITY To qualify for maternity/adoption support leave employees will need to 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 husband or partner Have worked continuously for the Council for 26 weeks leading into the 15 th week before the baby is due. Be the adopter's spouse or partner Have worked continuously for their employer for 26 weeks ending with the week in which the adopter is notified of being matched with a child Provide a copy of the MATB1 or Matching Certificate (or birth certificate if the child is born early). LENGTH OF MATERNITY/ADOPTION SUPPORT LEAVE Eligible employees will be able to choose to take either one week or two consecutive weeks maternity support/adoption leave (not odd days). Maternity/Adoption support leave may start: From the date of the child s birth/placement of adoption (whether this is earlier or later than expected), or From a chosen number of days or weeks after the date of the child s birth/placement of adoption (whether this is earlier or later than expected), or From a chosen date later than the first day of the date on which the baby is expected to be born, or in the case of adoption, from a chosen date which is later than the date on which the child is expected to be placed with the adopter Leave can start on any day of the week on or following the child s birth or placement for adoption but must be completed: Within 56 days of the actual birth of the child/placement for adoption 13/11/08 12

13 If the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth. Only one period of leave is available to employees irrespective of whether more than one child is born as the result of the same pregnancy. N.B. The 10 days allowance under the Maternity/Adoption Support Leave scheme forms part of the Parental Leave allowance and should be deducted from the 13 weeks total (see Leave Code, Parental Leave section). NOTICE OF INTENTION TO TAKE MATERNITY SUPPORT LEAVE Employees will be required to inform the Council of their intention to take maternity support leave by the fifteenth week before the baby is expected, unless this is not reasonably practicable. They will need to tell their employers: The week the baby is due Whether they wish to take one or two weeks leave When they want their leave to start. NOTICE OF INTENTION TO TAKE ADOPTION SUPPORT LEAVE Employees must inform the council of their intention to take adoption support leave within 7 days of being notified by their adoption agency that they have been matched with a child, unless this is not reasonably practicable. They must tell their employers: The date on which the adopter was notified of having been matched with the child When the child is expected to be placed Whether they wish to take one or two weeks leave When they want their leave to start. Employees will be able to change their mind about the date on which they want their leave to start providing they inform the Council at least 28 days in advance (unless this is not reasonably practicable). Employees will also need to tell the Council when they expect any payments of Statutory Paternity Pay (SPP) at least 28 days in advance (unless this is not reasonably practicable). STATUTORY PATERNITY PAY (SPP) The Council will pay Statutory Paternity Pay to employees (who have less than 12 months service and do not have enhanced contractual terms) for either one or two consecutive weeks. The rate of Statutory Paternity Pay will be the same as the standard rate of Statutory Maternity Pay, which from April 2003 will be 100 a week or 90% of average weekly earnings whichever is the lesser. 13/11/08 13

14 ENHANCED CONTRACTUAL TERMS PAY DURING MATERNITY SUPPORTLEAVE Employees who qualify for the enhanced terms will be entitled to full pay at the normal weekly rate. RETURN TO WORK Employees are entitled to return to the same job following maternity support leave FLEXIBLE WORKING An employee has the right to apply to work flexibly and should refer to the council s Flexible Working/Work-Life Balance policy. 13/11/08 14

15 MATERNITY LEAVE DECLARATION FORM d NAME: PAY NUMBER: ESTABLISHMENT: TITLE/POST: CONTRACTUAL HOURS: NI No: ANNUAL SALARY: SPINE POINT: (To find out what your annual salary is multiply your monthly gross pay by 12) DATE COMMENCED LOCAL GOVERNMENT SERVICE: [Service must be continuous and for a minimum of 1 year] 1. I INTEND TO START MY MATERNITY LEAVE ON: Please note that maternity leave always starts on a Sunday; You may start your leave on the 11 th week prior to the week of confinement noted on your MAT B1 form; The start of your leave can be at any time during term time or in a school closure period but NOT LATER than your expected date of confinement. *Delete as necessary:- 2. * I INTEND, AFTER LEAVE TO RETURN TO WORK 3. * I WISH TO RESIGN FROM MY POST WITH THE COUNCIL SIGNED: DATED: 13/11/08 15