Maternity Policy and Guidelines

Transcription

1 Maternity Policy and Guidelines For school based employees Throughout this document where we refer to your employer we mean either the council or your school dependent on whether your school is a maintained one or not. If you are unsure please speak to HR. Where a Headteacher is referred to this includes anyone with managerial or Headteacher responsibilities DATE: October 2014

2 Contents 1. Introduction Eligibility and entitlement Maternity Leave Casual Workers Maternity Pay - Definitions Statutory Maternity Pay Maternity Allowance Maternity Payment Contractual Pay Non Teaching Employees Teachers What the employee needs to do Notification Returning to work Your Partner and paternity leave What your Headteacher should do Health and Safety Ante Natal Care Leave for the father/partner of the expectant mum Keeping in Touch Change of job role / salary The unexpected Miscarriage Premature Birth Death of the baby Deductions from your pay Annual Leave Continuous Service Car Loans Childcare vouchers Teachers Non Teaching employees Childcare Pensions Appeal process Useful contacts... 14

3 1. Introduction This pack summarises the rights of both pregnant employees and their employers and their responsibilities towards each other. It sets out the steps you must take in order to benefit from the protections there to help you, such as paid time off for ante-natal appointments, maternity leave and pay and the right not to be treated unfairly because of your pregnancy, child birth or maternity leave. There is information at the end of this pack about where to look for more detail or who to speak to for advice. 2. Eligibility and entitlement 2.1 Maternity Leave A pregnant employee has the right to take 52 weeks maternity leave. This is regardless of how many hours they work or how long they have worked for their employer. They also have a right to return to work following pregnancy. To be eligible for maternity leave you must follow the steps explained in section 4 of these guidelines. You can normally start your maternity leave after the beginning of the 11 th week before the birth. You can work beyond the 11th week and nearer the birth if you want to, and you are medically fit to do so. Maternity leave can start of any day of the week. If you are absent from work because of pregnancy or childbirth after the beginning of the fourth week before the expected due date, maternity leave will automatically start from the day following the first day of sickness. 2.2 Casual Workers If you work on a casual or temporary basis with your employer talk to your HR Service as these provisions may not apply to you. 3. Maternity Pay - Definitions 3.1 Statutory Maternity Pay To be entitled to Statutory Maternity Pay the following rules apply: You must have been employed by your employer for a continuous 26 weeks continuing into the 15th week before the baby is due. Your average earnings are not below the lower earnings limit for National Insurance contributions; If you qualify for Statutory Maternity Pay, you can receive 90% of your earnings for the first 6 weeks of your maternity leave. This is taxed and subject to National Insurance. You are Page 3 of 15

4 then entitled to basic rate Statutory Maternity Pay or 90% of normal pay if this is less for the following 33 weeks of your maternity leave which is funded in part by the government but paid by your employer. 3.2 Maternity Allowance If you don t qualify for Statutory Maternity Pay, Payroll Services (PPS) will issue you with Form SMP1 to enable you to claim Maternity Allowance from the benefits agency. You need to have paid standard rate national insurance contributions for any 26 weeks in the 66 weeks before the baby s expected birth. You will then receive the Maternity Allowance for up to 39 weeks. 3.3 Maternity Payment You may be entitled to a one off maternity payment from the social fund if you claim other benefits. You can apply for a maternity payment at any time from 11 weeks before the week your baby is due until your baby is 3 months old. You should claim directly from the benefits office. 3.4 Contractual Pay Non Teaching Employees If you have worked for your employer continuously for more than 26 weeks at the 11th week before the baby s due date, you are entitled to contractual maternity pay. If you write to say that you will return to work for at least 33 weeks following the end of your maternity leave you will be entitled to: 90% of your full pay for the first six weeks. (This will include your Statutory Maternity Pay). From week seven to week 39 of your maternity leave you will be paid Statutory Maternity Pay (plus half pay if requested). However, if this calculation brings your combined pay over the level of your normal full pay an adjustment will be made. You are not entitled to receive more than your normal full pay whilst you are on maternity leave. If you do not write to say that you will return to work; i. For the first 6 weeks of your maternity leave, you are entitled to 90% of your pay. (This will include your Statutory Maternity Pay) ii. If you are not returning to work, you will be entitled only to the Statutory Maternity Pay for the following 33 weeks. If you request the half pay and then decide not to return (or do not return for 33 weeks), your employer is entitled to claim back the 33 weeks or if you have failed to return for a full 33 weeks a proportion of the contractual pay. The current statutory maternity rates can be found through HM Revenues & Customs. Page 4 of 15

5 3.4.2 Teachers If you have worked for your employer continuously for more than one year at the 11th week before the baby s due date, you are entitled to contractual maternity pay. This means: If you write to say that you will return to work for at least 13 weeks following the end of your maternity leave you will be entitled to: Full pay for the first 4 weeks of your maternity leave. (this will include your Statutory Maternity Pay). 90% of your full pay for weeks 5 and 6 (this will include your Statutory Maternity Pay) For the following 12 weeks of your maternity leave you will be paid SMP (plus half pay if requested). However, if this calculation brings your combined pay over the level of your normal full pay an adjustment will be made. You are not entitled to receive more than your normal full pay whilst you are on maternity leave; For weeks of your maternity leave you will receive the standard SMP entitlement or 90% of normal pay if this is less. If you request the half pay and then decide not to return (or do not return for 13 weeks), your employer is entitled to claim back the 12 weeks or if you have failed to return for a full 13 weeks a proportion of the contractual pay. 4. What the employee needs to do You should think about when to tell your Headteacher you are pregnant the laws which protect you at work only apply once your employer knows you are pregnant. 4.1 Notification To qualify for maternity leave, you must tell your Headteacher by the end of the 15th week before the expected week of childbirth: That you are pregnant The expected week of childbirth The approximate date you intend to start maternity leave. This can normally be any date which is no earlier that the beginning of the 11th week before the expected week of childbirth. It is best to advise the Headteacher however, as soon as possible. At least 28 days before your maternity leave begins, you must inform your Headteacher in writing that you are going on maternity leave. You must enclose the certificate of the expected week of childbirth (form MATB1), which will be available from your doctor or midwife after 20 weeks of pregnancy, with the completed Maternity Leave Notification Form. Page 5 of 15

6 Your Headteacher is required to forward the paperwork to PPS as soon as possible and following receipt of your Notification of Maternity Leave form and copy MATB1, PPS will confirm your entitlement and advise you of your maternity payments. Therefore the more notice you give, the easier it will be to plan your absence. 4.2 Returning to work You must inform your Headteacher in writing at least 8 weeks prior to the date you intend to return to work even if you are taking the full 52 weeks maternity leave. Failure to return to work without notification at the end of your maternity leave could constitute a breach of contract, which may put your employment with the school at risk. If you do not intend to return to work you must submit your written resignation in the normal manner to your Headteacher. You must inform PPS by submitting a competed return to work form at least 8 weeks before the date you intend to return to work. The law does not allow you to return to work within 2 weeks of the day on which your baby was born. Delaying the date of your return to work Your return to work date can be delayed. If you do not give the required 8 weeks notice of your intention to return, your return may be delayed until 8 weeks from the date of your notification or the end of the 52 week period, whichever is the earlier. If, at the end of your maternity leave, you are unfit to return to work due to illness, you must provide a doctors note before the end of the week in which you intended to return, which states that you are incapable of work because of illness. You should contact your Headteacher if this is the case. Teachers Teacher s National Conditions of Service 2000 require teachers to give a minimum of 21 days notice of return to work following maternity as opposed to the statutory 8 weeks. Where possible we would ask that teachers give 8 weeks notice although this is not a requirement. 4.3 Your Partner and paternity leave Your partner may be able to take up to two weeks Ordinary Paternity Leave and pay. In addition to this, if you are returning to work before the end of your statutory maternity leave, your partner may be eligible for up to 26 weeks Additional Paternity Leave once you have returned to work. If you are returning to work before the end of your 39 week Statutory Maternity Pay, or Maternity Allowance period, then your partner may also be eligible for Additional Statutory Paternity Pay during the period in which you would have got Statutory Maternity Pay or Maternity Allowance. Conditions do apply and you should refer to the Paternity Leave Procedures to determine whether your partner is eligible. Page 6 of 15

7 5. What your Headteacher should do once you have informed them of your pregnancy 5.1 Health and Safety Some hazards in the workplace may affect the health and safety of a new and expectant mum and their unborn. Working conditions usually considered acceptable may no longer be so during pregnancy and while breast feeding. The Headteacher must conduct a risk assessment and remove risks or make alternative arrangements to protect the employee s safety and that of their unborn child. Access Employee Healthcare advice on how to complete a risk assessment for pregnant employees on: /pregnancy.shtml Detailed guidance for managers on how to complete a new and expectant mothers risk assessment is provided as part of the LEA s health and safety policy and is available via the following link. In addition more detailed guidance for employees can be accessed via the following link Ante Natal Care You can request reasonable time off work with pay for ante-natal care. This includes antenatal classes, hospital or doctors appointments. You need to inform your Headteacher in advance of any such requests. If your antenatal classes or appointments, including waiting time and travelling time to and from appointments, fall within your normal working hours, you will be paid for the time taken off. You are not required to make up any working time lost through attendance at antenatal appointments. You can take paid leave for antenatal care regardless of the length of time you have worked for your employer or the type of contract you have Leave for the father/partner of the expectant mum From 1 October 2014, an expectant father or the partner (including same sex) of a pregnant woman will be entitled to take unpaid time off work to accompany the woman to up to 2 of her ante-natal appointments. The time off is capped at six and a half hours for each appointment. However, we encourage a culture of flexible working in the council so we would expect management to consider any number of requests and base their decision on the circumstances of the employee and the needs of the service. Employees could consider using flexible working, annual leave, unpaid leave or a combination of all these. Page 7 of 15

8 5.3 Keeping in Touch Your Headteacher is required to make reasonable contact with an employee during her maternity leave. Keeping in touch with work can also make it easier when it is time to go back. As well as staying in contact with your Headteacher during your maternity leave, if you and your Headteacher both agree, you can participate in up to 10 Keeping in Touch (KIT) days during your maternity leave. They could be used for training or other events. Your Headteacher cannot insist that you carry out any work and equally, you cannot insist on being given any work to do. If you worked longer than the 10 days this would bring your maternity leave to an end. If you attend work for a KIT day you will be paid your normal contractual hourly rate of pay (1/1265th of your annual salary) for the number of hours worked during that day (up to a maximum of 6.5 hours per day) 5.4 Change of job role / salary You are protected from unfair treatment, including dismissal or selection for redundancy for reasons connected with your pregnancy. This would also be discrimination. If any changes occur that may impact on your job role or salary whilst you are on maternity leave, your Headteacher must ensure that you are kept informed of proposed changes. You should be given access to any consultation or recruitment activity that may arise. If the post is deleted as the result of an organisational review, arrangements should be made for you to return to a broadly similar post at the end of the maternity leave. If you work in a fixed term post that is due to end during your maternity leave you should be given the same rights (deployment etc) as though you were at work. If there are any annual cost of living rises or incremental increases in pay, which you would have received if you had not been absent, you are entitled to these upon your return to work. If such pay increases came into effect during your maternity pay period your contractual maternity pay should include any additional amounts due to you. 6. The unexpected It is hoped that your pregnancy progresses smoothly, however, in the event of the unexpected you will need to be aware of your entitlements. 6.1 Miscarriage If a miscarriage occurs prior to the completion of 24 weeks of pregnancy you should claim sick leave, not maternity leave. It is a good idea to let your Headteacher know what has happened so that you can be offered support during this difficult time. Page 8 of 15

9 6.2 Premature Birth If your baby is born prematurely and you have not yet given notice to your employer that you intend to stop work and claim maternity pay, the maternity pay period will commence from the day after the birth takes place. If your baby is born prematurely and you have already started your maternity leave, there is the option for you to request extended leave at the end of the maternity leave. You should speak to your Headteacher if that is the case. 6.3 Death of the baby You are entitled to your statutory maternity leave, statutory maternity pay and contractual maternity pay if your child is stillborn after 24 weeks of pregnancy or born alive at any point during the pregnancy. It is a good idea to let your Headteacher know what has happened so that you can be offered support during this difficult time. You must inform PPS as soon as possible to ensure maternity payments are made correctly. 6.4 Sickness Your maternity leave will start automatically if you are absent from work for a maternity related illness during the four weeks prior to the expected week of childbirth. This applies regardless of the date that you have said you actually wish your maternity leave to start. The leave will commence from the day following the first day of sickness. 7. Deductions from your pay If you have money deducted from your pay on a regular basis, don t forget to talk to PPS before you go on leave so that appropriate arrangements can be made. Examples include: - Car Loan - Council nursery fees - Union subscriptions - Hospital Fund - Charity donations. If you go on to nil pay your contributions will cease (with the exception of childcare vouchers see 12.1). If you choose to stop these voluntary deductions from pay whilst on maternity leave, you must contact PPS to make the necessary arrangements for both stopping the payments and reinstating them on your return to work should you decide to do so. Page 9 of 15

10 8. Annual Leave You can go on maternity leave without using up any of your annual leave during your absence. You will still accrue an entitlement to annual leave during your period of maternity leave and you may choose to take your entitlement either before or after your maternity leave. You may carry forward annual leave from one leave year to the next. Arrangements to take the leave should be agreed with your Headteacher. If you choose to use your full leave entitlement before your maternity leave starts and then do not return, you will have to make the appropriate refund to the council. You are entitled to take days in lieu of Bank Holidays that have occurred (or will occur) during your maternity leave. If you do not return following maternity different rules apply and you should speak to HR. 9. Continuous Service Provided no new paid employment intervenes that would impact on your council Employment, time off on maternity leave does count towards length of continuous service for various employment rights like redundancy pay, holiday entitlement, sick leave entitlement and future eligibility for any subsequent maternity leave. 10. Car Loans Repayments of car loans may be suspended during maternity leave by completing the Notification if in receipt of a car loan form. No backdated deductions will be made upon return to work and no extra interest will be charged for the period of non-payment. The number of payments due during maternity leave is added into the end of the period of the loan, in effect it is an interest free extension of the original agreement. Employees with queries on their car loans should contact the Car Loan Office on (860) 1047 or (01484) for more details. 11. Childcare vouchers The school is keen to assist working parents with their childcare responsibilities whilst at work. We understand that childcare is very expensive but we have introduced a childcare vouchers scheme which is open to all eligible employees Teachers You can sacrifice up to 243 per month from your gross pay, in exchange for childcare vouchers. Because the sacrifice is made from your gross pay, you are using some of your tax and national insurance contributions to meet your childcare costs. This can mean savings of up to 1,196 a year on the cost of your childcare. Page 10 of 15

11 If you are a higher-rate taxpayer who signs up after April 2011, you can sacrifice up to 124 per month from your gross pay in exchange for childcare vouchers. This will mean a saving of up to 608 a year on the cost of your childcare. If both parents participate, you can double your savings. The payments must be for registered or approved forms of childcare, so they can't be used to pay relatives. Vouchers can be used to pay for the care of children up to the age of 15. Whilst on maternity leave the council will honour the childcare payments for: any periods where you are not entitled to contractual pay i.e. week of your maternity leave Whilst on Maternity Leave if for any pay period you receive enough contractual or maternity contractual pay to pay for your childcare vouchers then the vouchers will be deducted from your salary as normal. Should your contractual or maternity contractual pay not cover the full cost of your childcare vouchers we will honour the difference in payments Non Teaching employees Parents can choose to make a voluntary tax free deduction from their salary to a maximum of every 4-week pay period. Employees should be aware that if they are in receipt of childcare vouchers this will affect the calculation of maternity benefits and what they receive whilst on maternity leave. Contact numbers for further information on the scheme can be found at the end of the pack. Whilst on maternity leave the council will honour the childcare payments for: any periods where you are not entitled to contractual pay i.e. week of your maternity leave Whilst on Maternity Leave if for any pay period you receive enough contractual or maternity contractual pay to pay for your childcare vouchers then the vouchers will be deducted from your salary as normal. Should your contractual or maternity contractual pay not cover the full cost of your childcare vouchers we will honour the difference in payments. Find out more at or Telephone quoting scheme number S849019A. You will need to have your National Insurance number, payroll reference and childcare provider s details ready. 12. Childcare Page 11 of 15

12 For detailed information about childcare and other associated facilities which exist in the area, you should contact The Children s Information Service based at Britannia Mills, Colne Road, Huddersfield on /2. You can also visit Pensions A period of unpaid leave or leaving employment following maternity leave can affect your pension The teachers pension scheme The following notes outline the effect which a period of maternity absence may have upon your pension position. a) A period of paid leave A period of paid leave where an individual is entitled to contractual maternity pay and/or Statutory Maternity Pay counts as reckonable service for pension purposes. Full service credit is allowed even when you are in receipt of half pay and paying pension contributions based on that reduced rate. b) A period of unpaid leave If it is your intention to take leave in accordance with the conditions summarised in the notes on Contractual Qualifying Conditions, you may decide to take advantage of the provision which enables you to return to duty up to 52 weeks after the commencement of your leave. In these circumstances any period of unpaid leave falling between the end of your pay entitlement and the date upon which you return to duty is regarded as absence from reckonable service under the scheme and the period will not count towards your pension entitlement. If you enter into a period of unpaid leave before returning to duty (i.e. your maternity payments have expired but you do not return at this point) you may on your return to duty look at increasing your pension via a number of methods. This would make up for the period of service you have not accrued pensionable service for. There are four ways in which you can increase your retirement benefits by paying extra contributions. You can: Purchase additional pension; Pay Additional Voluntary Contributions (AVCs) through the Prudential Pay Free Standing Additional Voluntary Contributions (FSAVCs); Page 12 of 15

13 Pay into a stakeholder pension or personal pension You can get income tax relief on any additional contributions you pay. If you make a lump sum payment you should contact HM Inspector of Taxes for information on tax relief. Further information on the above can be found on the enclosed Fact Sheets Increasing your pension benefits and Additional Pension. c) If you do not qualify for Contractual Maternity Leave If you do not qualify for contractual maternity leave under the conditions of service and you leave pensionable teaching service for a time, the enclosed Fact Sheet Leaving pensionable employment outlines what will happen to your pension in these circumstances. Alternatively on any subsequent return to teaching you would be able to consider the other options outlined above where you could make arrangements to increase your pension benefits via the methods outlined. Employer s contribution does not reduce due to maternity and continues at the full pay deduction. If you require any further information regarding this matter please contact Geraldine Yehya, Pensions Officer, Personnel and Payroll Unit, Tel (01484) or visit the Teachers Pensions Website at Pensions and pregnancy Non Teaching employees WOMEN WHO CEASE EMPLOYMENT AS A RESULT OF PREGNANCY If you should give up your employment with the council as a result of your pregnancy and you are in the Local Government Pension Scheme the following options are available to you: a) If you have at least 3 months membership of the scheme, you are entitled to Deferred Benefits Briefly, deferred benefits consist of a pension and lump sum calculated on your period of membership and your final pay. The benefits are retained in cold storage until your earliest retirement age. Benefits frozen in this way are inflation proofed by periodical increases linked to rises in the cost of living. If you re-enter the Local Government Pension Scheme your previous service will count in relation to your new appointment unless you elect to retain your deferred benefits. If you take deferred benefits, payment will begin on the date you would have retired from Local Government service. Your benefits may be paid prematurely on compassionate grounds or if you are too ill to work until age 65. In the event of your death before the due date of payment, death benefits become payable immediately. Page 13 of 15

14 b) If you have completed less than 3 months membership, you are entitled to a refund of pension contributions If you receive a refund of pension contributions, your membership will not count in any future employment. You can instead choose to leave your contributions in the Local Government Pension Scheme. This would allow you to keep your options open for a later decision, for example, to transfer to another pension scheme at a future date. If you apply for a refund, you will receive only your own pension contributions not your employers. Deductions will be made in respect of (i) the amount you have saved on your National Insurance Contributions by being contracted out of the State Second Pension; (ii) tax at 20% on the balance. The deductions for (i) will secure for you, in the State Second Pension, the rights you would have earned in that Scheme had you not been a member of the Local Government Pension Scheme. When you cease employment the West Yorkshire Pension Fund who will send you details of your benefits within 8 weeks of ceasing employment Women who have entitlement to and do return to work following maternity leave For any period of paid maternity absence, you will pay pension contributions on any maternity or contractual pay received (if you do not receive any pay, your first 6 months leave will be deemed to be pensionable). During this period, you will continue to accrue pension benefits on the pay you would have normally received had you been at work. When you go on to no pay, the deduction of pension contributions will cease. The Local Government Pension Scheme provides an option to buy back any lost pension in respect of a period of unpaid maternity absence. An election should be made within 30 days of your return to work to ensure that your employer contributes to the cost of buying back the lost pension. Employer s contribution continues to be paid in full during your paid maternity absence. For further information please call and ask for the Pension section or e mail LocalGovernmentPensions@kirklees.gov.uk. 14. Appeal process Should your request for leave of absence not be authorised then you may seek approval from the Assistant Director of Learning and Skills or their nominated representative who will be the final authority in respect of decisions made under the leave of absence provisions. Approval for leave of absence is not a power delegated to the Governing Body under Local Management of Schools. 15. Useful contacts Children & Young People Service Page 14 of 15

15 Teachers Personnel and Payroll Section (Teaching staff): Teacher Pension Queries Geraldine Moriarty (Internal 71803) Lucy Simpson (Internal 70763) Monday and Tuesday only Page 15 of 15