Hurworth School GUIDE FOR EMPLOYEES - MATERNITY LEAVE & PAY

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1 Hurworth School GUIDE FOR EMPLOYEES - MATERNITY LEAVE & PAY Accepted by Board of Directors September 2009 Academised January 2014

2 GUIDE FOR EMPLOYEES MATERNITY LEAVE & PAY 1 Introduction 1.1 Congratulations on your pregnancy! 1.2 The purpose of this guidance is to outline your statutory and contractual obligations relating to maternity leave and pay and what you need to do in relation to these rights. 1.2 It is ESSENTIAL that you are aware of the procedures you need to follow, otherwise you may lose your rights to pay, time off or return to work. If you have any queries or concerns about what you have to do and by when, please feel free to speak to the Academy s HR Provider. 2 Abbreviations 2.1 A number of abbreviations are referred to in this document. These are detailed below: EWC ML OML AML SMP MA OMP SSP DWP KIT Day Expected Week of Childbirth Maternity Leave, made up of: Ordinary Maternity Leave (26 weeks) and Additional Maternity Leave (26 weeks) Statutory Maternity Pay Maternity Allowance Occupational Maternity Pay Statutory Sick Pay Department of Work and Pensions Keeping in Touch Day 3 Application 3.1 This guidance applies to all pregnant employees, regardless of the number of hours they work each week. However, the provisions of the maternity scheme have differences. Where these differences exist they are detailed separately under the headings Support Staff and Teachers. 4 Antenatal Care 4.1 You have the right to paid time off for antenatal care, regardless of your length of service. If you request time off, the Academy will ask to see an appointment card or some other document to show that an appointment has been made, although this may not always be available for the first appointment. 4.2 Antenatal care is not restricted to medical examinations. It can also include relaxation classes and parent craft classes, as long as a registered medical practitioner, midwife or health visitor has recommended these. Employee s Guide to Maternity Provisions Sept

3 4.3 You do not have a right to paid time off to attend aqua natal appointments, unless this has been specifically recommended by a registered medical practitioner, midwife or health visitor. 5 Notification Procedure 5.1 You are encouraged to notify the Academy about your pregnancy as soon as possible. However, to take advantage of your right to any maternity leave and pay, you must notify the Academy in writing that you are pregnant at least 28 days before you intend to start your leave, or as soon as is reasonably practicable. 5.2 You need to advise the Academy in writing: that you are pregnant; your expected week of childbirth (EWC). This means the week in which your baby is due to be born, beginning with midnight between Saturday and Sunday. The MATB1 Form that you will receive from your GP/Midwife will indicate this date; when you would like your maternity leave to start (any time from the beginning of the 11th week before the EWC); and whether you intend to return to work (for Occupational Maternity Pay purposes only). 5.3 You should do this by completing a Maternity Notification Form (Appendix 2) and passing this and your MATB1 form to the Academy. 5.4 The Academy will then forward both forms to the Academy s HR and payroll provider. 5.5 If you do not give the Academy the required notification, you may lose your right to start maternity leave on your chosen date and your entitlement to SMP. Requests to Change Start Date of Maternity Leave 5.6 You may change the date on which you would like your maternity leave to start. To do this, you must notify the Academy of the new start date by whichever is the earlier of either 28 calendar days before the date you originally intended to start your leave, or 28 calendar days before the revised date on which you would like your leave to start. 5.7 The Academy will respond to any changes in writing. Employee s Guide to Maternity Provisions Sept

4 6 Response to Notification of Pregnancy 6.1 Within 28 days of submitting your Maternity Notification Form (Appendix 2) to the Academy, you will receive a letter from the Academy. This will confirm your entitlements to maternity pay, if applicable and give the date on which you are expected to return from your maternity leave. This date will automatically be one year (52 weeks) from the start of maternity leave. 6.2 If the Academy does not properly notify you of the of the end date of your maternity leave and you subsequently fail to return to work on time, you may have protection against victimisation and dismissal for this reason. 6.3 Also, if you wish to change your return dates, you may not be obliged to comply with the notice requirements if the Academy has not told you when your leave should end. 7 Maternity Leave 7.1 When considering the date on which you would like your maternity leave to start, you need to be aware that your maternity leave cannot start any earlier than 11 weeks before your expected week of childbirth (EWC). You may continue to work up until the day before your baby is due if you feel able to do so. 7.2 You are entitled to take up to 1 year s (52 weeks) maternity leave (or as much of that period as you wish to take); regardless of your length of service with the Academy and the number of hours you work, provided you comply with the notifications procedures outlined earlier in this guide (section 5). 7.3 Maternity Leave comprises of 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML) (see sections 7.5 and 7.9). Compulsory Maternity Leave 7.4 Whilst you can decide how much maternity leave you wish to take, the law requires that a minimum of two weeks leave must be taken (this would fall in the OML period). Ordinary Maternity Leave (OML) 7.5 This lasts for 26 weeks and you may choose when this will start. It can begin on any day from 11 weeks before the EWC, up to the birth itself. 7.6 If childbirth occurs before the date you have notified to the Academy (or before you have notified any date), your maternity leave period will start automatically on the day after the date of the birth. This happens even if the birth takes place before the start of the 11th week before the birth was originally expected. 7.7 If this happens, you will have to give the Academy notice in writing of the date of birth if it has already taken place and the date the birth was originally expected. This information can be provided together on the MAT B1 provided by the doctor or midwife. Employee s Guide to Maternity Provisions Sept

5 7.8 If you are absent from work due to a pregnancy-related reason after the beginning of the fourth week before the EWC, but before the date you have notified the Academy of when you would like your leave to begin, the maternity leave period begins automatically on the day after the first day of your absence. Additional Maternity Leave (AML) 7.9 This also lasts for 26 weeks and, if taken, must follow immediately after OML. There cannot be a gap between the two types of maternity leave. 8 Maternity Pay Statutory Maternity Pay (SMP) 8.1 All pregnant employees who meet qualifying criteria based on their length of service and average earnings and give the correct notice are entitled to receive up to 39 weeks SMP. 8.2 You will receive 90% of your average earnings for the first six weeks and then a flat rate for the rest of the time (unless 90% is less than the flat rate in which case you will get that for the whole time). Tax and National Insurance are payable on SMP. 8.3 To qualify for SMP with the Academy, you must: have 26 weeks continuous local government service by the end of the 15 th week before the EWC, (if you have 26 weeks continuous local government service by the end of the 15 th week before the EWC, but not with Darlington Borough Council i.e. you have transferred from another authority or other employer, then the previous employer would be liable to pay the SMP) and, have average earnings in the 8 weeks ending with the 15 th week before the EWC at least equal to the lower earnings limit for National Insurance Contributions. 8.4 SMP can be paid for up to 39 weeks from the beginning of the 11 th week before the EWC and is payable once you have started your maternity leave. 8.5 The SMP period may start on any day of the week, in accordance with the date you gave to the Academy. 8.6 SMP will also start on any day of the week if payment is triggered by an early birth (see section 7.6), or because you are absent from work for a pregnancy related reason in the 4 weeks immediately preceding the EWC (see section 7.8). In these cases, SMP will start the day after the date of birth, or the day after the first day of absence from work for a pregnancy related reason. 8.7 If you qualify for SMP (see section 8.3 above) you will receive it, even if you leave your employment voluntarily for a reason wholly unconnected with your pregnancy before you could start your maternity leave (i.e. the 11 th week before the EWC). Employee s Guide to Maternity Provisions Sept

6 8.8 Don t worry if this sounds a bit complicated! The Academy will confirm whether you qualify for SMP, or whether you need to apply for MA (section 8.9) when they write to you after you have submitted your Maternity Notification Form. For an overview of the Maternity Entitlement see Appendix 1. Maternity Allowance (MA) 8.9 If you have average weekly earnings below the Lower Earnings Limit for National Insurance purposes you will not qualify for SMP You may qualify for MA or other benefits paid directly from the Department of Work and Pensions (DWP). In order to receive these benefits, you must complete an SMP1 Form, which is available from the Academy s Payroll provider. SMP/MA Rates 8.11 The standard rates of SMP and MA increase in April each year. Occupational Maternity Pay (OMP) Support Staff 8.12 All pregnant employees who have completed one year s continuous local government service at the 11th week before the EWC are entitled to OMP (offset by SMP/MA). Payment details are given in section 8.15 below OMP will only be given on the understanding you will return to the employment of the Academy for at least three months. In the event of you not returning, you will be expected to refund any OMP. If you qualify and receive SMP you will not be required to repay it even if you choose not to return to work. Payment Details Less than 1 Year s Service Not entitled to OMP 8.14 If you have less than 1 year s continuous local government service at the beginning of the 11th week before the EWC you will be paid at the rate of the your entitlement to SMP/MA for up to 39 weeks from the date maternity leave starts. More than 1 Year s Service 8.15 If you have completed 1 year s continuous local government service at the 11th week before the EWC you are entitled to OMP, payment shall be as follows: for the first six weeks of absence, you will receive 9/10ths of a week s pay, offset against payments made by way of SMP or MA (if you are not eligible for SMP). and then, if you have declared that you are not intending to return to work, payments during the subsequent 20 weeks of OML and 13 weeks of AML (33 Employee s Guide to Maternity Provisions Sept

7 weeks, making 39 weeks paid maternity leave in total) shall be at your entitlement to SMP or MA (if you are not eligible for SMP). however, if you have declared on the Maternity Notification Form (Appendix 2) that you intend to return to work you shall receive after the first six weeks of absence, either 12 weeks at half pay, plus SMP or MA (capped at full pay if the two combined exceed full pay), with the additional 8 weeks OML and 13 weeks AML being paid at SMP or MA entitlement only or 6 weeks full pay may be spread over any other distribution mutually agreed between yourself and the Academy during OML or AML, or paid in full when you return to work following your maternity leave. Any combination agreed would be offset by SMP/MA payments up to 39 weeks (capped at full pay if the two combined exceed full pay) Any absence beyond 39 weeks will be unpaid, irrespective of length of service, Occupational Maternity Pay (OMP) Teachers 8.17 If you have completed one year s continuous local government service at the 11th week before the EWC you are entitled to OMP (offset by SMP/MA). Payment details are given in section 8.22 below OMP will only be given on the understanding that you will return to your post for a period equal to at least 13 weeks based on your contractual hours worked prior to maternity leave (including periods of Academy closure, or be available to do so). If you do not do so, you will be requested to repay payment made as OMP after the first six weeks, but not SMP or MA Where the Academy agrees, a full-time teacher may return to work on a parttime basis for a period, which equates to 13 weeks full time service. Similarly, where the Academy agrees, a part-time teacher may return to work on a different part-time basis for a period, which equates to 13 weeks part-time service relating to your previous contract The 13-week period (or part-time equivalent) starts from the date you return to work or the date during the Academy holiday on which you have notified that you are due to return from maternity leave. Payment Details Less than 1 Year s Service Not entitled to OMP 8.21 If you have less than 1 year s continuous local government service at the beginning of the 11th week before the EWC you will be paid at the rate of your entitlement to SMP/MA for up to 39 weeks from the date maternity leave starts. Employee s Guide to Maternity Provisions Sept

8 More than 1 Year s Service 8.22 If you have completed 1 year s continuous local government service at the 11th week before the EWC are entitled to OMP and payment shall be as follows: for the first four weeks of absence, you will receive full pay, offset against payments made by way of SMP or MA (if you are not eligible for SMP). for each of the next two weeks of absence 9/10ths of a week s pay off, offset against payments made by the way of SMP or MA (if you are not eligible for SMP). and then, if you have declared that you are not intending to return to work, payments during the subsequent 20 weeks of OML and 13 weeks of AML (33 weeks, making 39 weeks paid maternity leave in total) shall be at your entitlement to SMP or MA (if you are not eligible for SMP). however, if you have declared on the Maternity Notification Form (Appendix 2) that you intend to return to work you shall receive after the first six weeks of absence, either 12 weeks at half pay, plus SMP or MA (capped at full pay if the two combined exceed full pay), with the additional 8 weeks OML and 13 weeks AML being paid at SMP or MA entitlement only or 6 weeks full pay which may be spread over any other distribution mutually agreed between yourself and the Academy during OML or AML, or paid in full when you return to work following maternity leave. Any combination agreed would be offset by SMP/MA payments up to 39 weeks (capped at full pay if the two combined exceed full pay) Any absence beyond 39 weeks will be unpaid, irrespective of length of service, 9 Premature Birth 9.1 If you give birth prematurely you will still be entitled to OML and AML plus SMP or MA for 39 weeks, plus any additional OMP if you are entitled due to length of service. 9.2 If you give birth prematurely (i.e. before commencing maternity leave) you will begin your leave on the day following the date of childbirth. (SMP would also commence on the same date). 9.3 To keep your rights to maternity leave and SMP, you must inform the Academy in writing of the date of birth and the date the birth was originally expected. These can be provided together on the MAT B1 provided by your doctor or midwife. Employee s Guide to Maternity Provisions Sept

9 10 Stillbirth 10.1 The definition of childbirth is the live birth of a child, or a stillbirth after a pregnancy lasting at least 24 weeks. As such, if you suffer a stillbirth after this time, you retain the right to OML and AML plus SMP or MA for 39 weeks, plus any additional OMP if you are entitled due to length of service. 11 Sickness during Pregnancy 11.1 If you are off work due to sickness before the EWC you will attract Statutory Sick Pay (SSP) and Occupational Sick Pay (OSP) (subject to normal entitlements) If you are absent through sickness after the beginning of the 4 th week before EWC you are only entitled to SSP where the sickness is not related to your pregnancy. Otherwise, if your sickness is pregnancy related, SMP will become payable and statutory maternity leave will be triggered, regardless of the length of absence and of when you have said that you actually want your leave to start If you are absent from work for a pregnancy related reason either at the start or in the four week period immediately preceding your EWC. In such cases, SMP will start from the day following the first complete day of absence from work for a pregnancy related reason. The first day will be paid at SSP In order to preserve your rights to maternity leave and SMP, you must advise the Academy that you are absent from work wholly or partly because of pregnancy and of the date on which your absence for that reason began, as soon as is reasonably practicable If you are ill during maternity leave, you are not entitled to SSP, as you will be receiving SMP Illness during maternity leave will not be treated as sick leave it will not therefore be taken into account for the calculating your period of entitlement to sickness leave Maternity leave will be regarded as service for the purposes of the sick pay scheme. 12 Annual Leave/Bank Holidays Support Staff - 52 weeks per year Employees only 12.1 You are entitled to receive the same terms and conditions during OML and AML as though you were at work (other than remuneration). As such, you will accrue annual leave and bank holidays throughout both OML and AML You should take any accrued leave before the beginning of your maternity leave (or after your period of maternity leave if it falls in the same leave year as it is not possible for you to take annual leave at the same time as maternity leave Your annual leave year commences 1 April to 31 March. Employee s Guide to Maternity Provisions Sept

10 12.4 However, if the expected date of return falls in the next annual leave year, then all leave which you have accrued during the maternity leave period should be taken before your leave commences. This is because any leave that is not taken before the end of the leave year cannot be carried over into the next leave year (see section 12.6 to 12.9 below) If, in exceptional circumstances, leave cannot be granted before the start of your maternity leave, agreement should be reached between yourself and the Academy as to when leave can be taken. Carry Over 12.6 The Academy s carry-over policy for employees on maternity leave is the same as for other employees. As such, leave can only be carried forward into the next leave year in exceptional circumstances. Maternity leave is not considered as being an exceptional circumstance It is therefore possible that you may, whilst on maternity leave to lose some of your leave. To avoid this as much as possible, the Academy should, as a matter of good practice, calculate how much leave you will accrue if you take the whole of your maternity leave entitlement and advise you of how much you may lose as a result of the carry-over policy Provided the Academy has sufficient notice of your intentions, this should be done in good time to give you a number of options, as follows: depending on the timing of your maternity leave in relation to the leave year, you may choose to take your annual leave before you start your maternity leave, or provided you give the Academy sufficient notice, you could start your maternity leave earlier than you anticipated and fit your leave in after you return Alternatively, you may decide to return before the end of your maternity leave so that you can take your remaining leave before the end of the leave year. However, this may not always be practical if the end of the leave year is too soon before the end of your maternity leave period. Support Staff - Term Time Employees only If you have a term-time only contract and take maternity leave, you must be able to take your annual leave due for that period of time either before or after your maternity leave. No part of your maternity leave period can be treated as annual leave The Academy should remind you prior to commencing of maternity leave of your annual leave entitlement and that this should be taken either before or after your maternity leave preferably during Academy closure periods. Employee s Guide to Maternity Provisions Sept

11 12.12 Term time only employees are entitled to 39 days paid leave pro-rate to hours worked (which includes bank holidays and annual leave) which are taken during Academy closure periods. The remaining Academy closure periods are unpaid As the Authority doesn t specify which of the Academy closure periods are paid/unpaid, your term time only salary is therefore paid as 1/12 each month, which includes a percentage of your annual leave The amount of annual leave you are entitled to take before or following maternity leave is dependant on the number of week s maternity leave taken Where possible annual leave should be taken during Academy closure periods, however may result in additional payment during these periods. For further guidance on this issue please speak to Academy s HR provider. Teachers Teachers do not have a contractual entitlement to paid annual leave. However, you are entitled to 28 days statutory annual leave from 1 April 2009 under the Working Time Regulations Additionally, teachers do not have a contractual entitlement to paid leave on public or bank holidays. The May Day bank holiday is the only bank holiday that falls during term time. For the purposes of annual leave, the May Day bank holiday is classed as a Academy closure which counts against the statutory annual leave entitlement For the purposes of establishing your statutory annual leave entitlement whilst on maternity leave, the leave year commences on 1st September, in line with the start of the academic Academy year When you take your maternity leave you must be able to take the statutory annual leave either before or after your maternity leave. No part of your maternity leave period can be treated as annual leave Your statutory annual leave entitlement can be offset by any period of Academy closure that occurs in the leave year in question i.e. both before and after your maternity leave period The Academy should remind you prior to commencing your maternity leave that you have a statutory annual leave entitlement and that this should be take either before or after your maternity leave during Academy closure periods On your return from maternity leave, you must be allowed to take any outstanding leave during term time during that leave year if there are insufficient Academy closures to accommodate your outstanding annual leave in that leave year When you return from maternity leave is so close to the end of the leave year that there is not enough time for you to take all annual leave entitlement, you must be allowed to carry over any balance to the next leave year. You can be required to take this during the remaining periods of Academy closure after your annual leave entitlement for that leave year has been accommodated. Employee s Guide to Maternity Provisions Sept

12 12.24 It is not possible for either you or the Academy to decide to carry over your statutory annual leave to the next leave year if there is sufficient time to take it in the current leave year i.e. in Academy closure periods or in term time You cannot insist on having payment in lieu of untaken leave, except where you terminate your employment with the Academy and do not return following your maternity leave It is anticipated that the number of instances when a Teacher has not had, or will not be able to take her annual leave entitlement in Academy closure periods, will be few. 13 Keeping in Touch Days (KIT Days) 13.1 Except during the first two weeks after childbirth, you can agree to work for the Academy for up to 10 days during either OML or AML without that work bringing the period of your maternity leave to an end and without loss of a week s SMP. These are known as Keeping In Touch days. Any work carried out on a day (i.e. whether it be for an hour or the full working day) shall constitute a day s work for these purposes - please refer to section 13.3 with regards to payment The Academy has no right to require you to carry out any work during your maternity leave nor have you the right to insist on working If you are entitled to SMP (with or without OMP) for the week(s) in which the Academy agrees that you can attend work, you will continue to receive this in the usual way. In addition, the Academy will also pay you for the number of hours/days that you work at your normal rate of payment (i.e. as if you were not on maternity leave), offset by SMP/MA and OMP (as appropriate). If you are on unpaid maternity leave when you do this work, you will be paid at your normal rate of payment (i.e. as if you were not on maternity leave.) 13.4 Your maternity leave will not be extended due to the fact that you have carried out some work during the 52-week maternity leave period. 14 Maintaining Contact with the Academy 14.1 Irrespective of whether you agree to work Keeping in Touch days or not, it is important that the Academy keeps you up-to-date with matters arising in the workplace whilst you are on Maternity Leave The Academy may make contact with you (and vice-versa) whilst you are on maternity leave to discuss a range of issues (e.g. to discuss your plans for returning to work, or to keep you informed of important developments at the work place) as long as the amount and type of contact is not unreasonable This should include the Academy forwarding any promotion opportunities or job vacancies which arise within the Academy during your maternity leave. Employee s Guide to Maternity Provisions Sept

13 15 Return to Work 15.1 You cannot return to work immediately after childbirth. There is a compulsory minimum maternity leave that lasts for 2 weeks from the date of childbirth, or until a later date if there is a statutory requirement which prohibits you from working because you have recently given birth. Please contact the Academy s Health and Safety provider for further information All employees have a right to return to work after maternity leave. It will be assumed by the Academy that you will return at the end of your AML (52 weeks after the start of maternity leave) If you wish to return to work earlier than the end of the 52 weeks as stated in the response from the Academy (see section 6.1), you must write to the Academy giving 21 days calendar written notice of the early return date. A copy of the letter will be forwarded to the Academy s HR provider and Payroll provider If you attempt to return to work early without giving the relevant notice, the Academy may postpone your return until the relevant notice has been given (but not beyond the original date of the termination of the AML). In such cases, you are not entitled to receive a wage or salary if you return to work during your period of postponement You may not postpone your return to a date later than the end of your AML. Support Staff 15.6 If you initially state on your Maternity Notification Form (Appendix 2) that you intend to return to work for at least 3 months and receive OMP but subsequently fail to return, you must refund payment made as OMP after the six weeks, but not SMP or MA. You could also be required to repay a proportion of annual leave taken prior to maternity leave depending on date of leaving. Teachers 15.7 If you initially state on your Maternity Notification form (Appendix 2) that you intend to return to work for at least 13 weeks including periods of Academy closure, or be available to do so and receive OMP but subsequently fail to return, you must refund payment made as OMP after the first six weeks, but not SMP or MA Where the Academy agrees, a full-time teacher may return to work on a parttime basis for a period, which equates to 13 weeks full time service. Similarly, where the Academy agrees, a part-time teacher may return to work on a different part-time basis for a period, which equates to 13 weeks part-time service relating to your previous contract The 13-week period (or part-time equivalent) starts from the date you return to work or the date during the Academy holiday on which you have notified that you are due to return from maternity leave Employee s Guide to Maternity Provisions Sept

14 Legal Rights on Return When you return from a period of OML/AML, you are entitled to return to the job in which you were employed under your original contract of employment and on terms and conditions not less favourable than those that would have been applicable to you if you had not been absent. Job for this purpose means the nature of the work that you were employed to do and the capacity and place in which you were employed Where this is not possible due to redundancy, you are entitled to be offered a suitable alternative vacancy where one exists, provided that the work to be done in that post is suitable to you and appropriate to the circumstances and that the capacity and place in which you are to be employed and your terms and conditions of employment are not substantially less favourable than if you have been able to return to the job in which you were originally employed Suitable alternative employment may also be offered in exceptional circumstances other than redundancy (e.g. a general reorganisation), which would have occurred if you had not been absent and necessitate a change in your job in which you employed prior to your absence. The work to be done should be suitable to you and appropriate to the circumstances and the capacity and place in which you are to be employed and your terms and conditions of employment should not be less favourable to you than if you had been able to return to the job in which you were originally employed In circumstances described in and the Academy will have been required to undertake a consultation process, which they should ask you to participate in. 16 Return to Work after Maternity Leave followed by Parental Leave 16.1 If you return to work after maternity leave followed by a period of parental leave of four weeks or less you are entitled to return to your original job on the same terms and conditions as if you had not been absent, or, if this is not reasonably practicable, to another that is similar. Where the parental leave is over four weeks, or where the period of parental leave immediately follows AML, this still applies unless it is not reasonably practicable, in which case you are entitled to be offered a similar job. 17 Return to Work after Two Consecutive Periods of Maternity Leave 17.1 It is possible that if you take your full entitlement to maternity leave of 52 weeks you may become pregnant whilst on leave and become entitled to another consecutive period of maternity leave without returning to work If you take two consecutive periods of maternity leave which include one or more periods of additional maternity leave you are entitled to return to your original job, or, if this is not reasonably practicable, to another which is similar. Employee s Guide to Maternity Provisions Sept

15 18 Dismissal or Resignation before Intended Start Date of Maternity Leave 18.1 If you resign or are dismissed before the date you have notified, or before you are able to notify a date, you will lose the right to maternity leave, but you will still be eligible for SMP if you are employed after the 15th week before the EWC. 19 Resignation following Maternity Leave 19.1 If you do not wish to return to work after maternity leave, you are entitled to continue to receive your full amount of statutory maternity pay and leave entitlement. However, you must still give the Academy your contractual notice. 20 Sickness following Maternity Leave 20.1 If you are unable to attend work at the end of your maternity leave due to sickness, the normal contractual arrangements for sickness absence will apply (e.g. you should notify the Academy in the normal way). 21 Right to Request Flexible Working 21.1 If you wish to vary your working pattern in terms of hours, times and place of work on return from maternity leave you have a legislative right to request a flexible working pattern, (providing you have 26 weeks continuous service at the date of application and responsibility for the upbringing of your child and the child meets the relevant age requirement) The legislation does not provide an automatic right to work flexibly as there will always be circumstances when the Academy is unable to accommodate your desired work pattern. However, the Academy has a duty to consider your request seriously and will only be able to refuse where there is a clear business reason for doing so Please refer to the Academy s Flexible Working Policy, which is available from the Academy. 22 Terms and Conditions of Employment 22.1 Your contract of employment continues during OML and AML and the period of leave is regarded as continuous service. 23 Pension Implications 23.1 The Academy will pay pension contributions when you are on OML, regardless of whether you receive any SMP or OMP. The Academy s contributions will be based on what you would have been earning had you been working normally You will also pay basic contributions throughout any periods of OMP at your normal contribution rate, but based on the pay you actually receive. If you don t receive any pay during this period (i.e. because you do not qualify for statutory pay), you will not have to pay any basic pension contributions. Employee s Guide to Maternity Provisions Sept

16 23.3 When you work on a Keep in Touch (KIT) day during OML, both the Academy and yourself will pay contributions based on the pay you receive for that day. The day will count as LGPS/ Teachers Pensions membership (but would have done anyway as it occurs during OML, which counts in full.) 23.4 During AML, both the Academy and yourself must pay pension contributions throughout the period in which you are entitled to receive any SMP and / or OMP. As SMP is payable for 39 weeks, this means that contributions will be payable for at least the first 13 weeks of this period (apart from cases where you are not entitled to any SMP/ OMP in that period) The Academy s contributions are based on the pay that you would have received had you been working normally. You will make basic contributions based on the actual amount of SMP/ OMP you receive Subject to the information below, no contributions will be payable by either the Academy or yourself for any period of AML during which you don t receive any pay. Also subject to the information below, that period will not count towards your period of LGPS/ Teachers Pensions membership When you return to work (or equally if you resign or are dismissed during or at the end of AML), you should be given the option of paying the basic pension contributions relating to any periods of unpaid AML, so that the whole period of maternity leave will count as a period of LGPS membership. You must elect to do so within 30 days of returning to work (or the termination of contract if you do not return). Contributions (at your normal basic contribution rate) will then be based on the pay you were entitled to receive immediately before the unpaid period began (but ignoring any increase in pay on that last day of paid leave due to a Keep in Touch day) and the Academy will pay contributions on notional full pay Where you work a KIT day in the AML period, both the Academy and yourself will pay contributions based on the pay received for that day. This will count as a day of LGPS/ Teachers Pensions membership and, if it falls in a period of what would otherwise have been unpaid leave, the Academy s Payroll provider will notify the relevant Pensions Department that this is the case Where you wish to pay contributions for the unpaid period of AML, the pay received for working on a KIT day is disregarded for the purposes of determining the amount of pay on which to base your contributions Teachers are able to buy additional pension, which can be bought in multiples or units of 250 of annual pension up to a maximum which is increased in line with inflation each year. Please contact Teachers Pension for more information For further information, please contact the Academy s Payroll provider, LGPS or Teachers Pensions. 24 Health & Safety 24.1 The Academy is required by law to protect the health and safety of employees who are pregnant, have recently given birth or are breastfeeding. Employee s Guide to Maternity Provisions Sept

17 24.2 All reasonable practicable measures need to be taken to prevent exposure to risks through the removal of hazards and implementation of controls. Where this does not avoid the risk, the following measures will be carried out: if it is reasonable to do so, the Academy may temporarily alter your working conditions or hours of work; if this would not avoid the risk, you will be offered suitable temporary alternative employment, where available. Suitable alternative employment means work that is both suitable in relation to you and appropriate for you to do in the circumstances and on terms and conditions no less favourable than your existing terms; if there is no suitable alternative employment available, you will be suspended from work for as long as necessary to protect your health and safety. During this maternity suspension, you will be entitled to receive your normal salary. However, if you unreasonably refuse an offer of alternative work, no remuneration is payable for the period during which the offer applies There are specific measures that apply if you work at night. The Academy is required to suspend a new or expectant mother who works at night for as long as is necessary for her health and safety. This is only required where it has been identified on a certificate from a registered medical practitioner or midwife as necessary for the employee s health and safety. The certificate from the medical practitioner or registered midwife determines the duration of the suspension from work. 25 Links with Other Policies 26.1 Maternity Leave is one of a number of types of leave available to you and can be used in conjunction with other Academy schemes in the Leave of Absence Policy and Flexible Working Policy. 26 Childcare Voucher Scheme 26.1 All working parents are entitled to receive non-taxable childcare vouchers as part of their salaries for all children under the age of 16 to pay their childcare provider Please check with your Academy whether they offer this scheme A salary sacrifice arrangement will reduce the amount of salary that is liable to National Insurance contributions. As SMP is calculated on the average weekly earnings in the 8 weeks ending with the 15th week before the EWC (weeks of the pregnancy), any salary sacrifice entered into during this 8 week period will reduce entitlement to SMP. If you are pregnant and expect to have a period of maternity leave you should think very carefully as to whether you should take Childcare vouchers during this period For further information please contact the Academy s Admin Office. Employee s Guide to Maternity Provisions Sept

18 27 Contact Point / Further Information 27.1 Please contact the Academy s Admin Office or the Academy s HR Provider if you have any queries relating to this document. Academised to reflect the change of School status only January 2014 Employee s Guide to Maternity Provisions Sept

19 OVERVIEW OF MATERNITY ENTITLEMENTS Appendix 1 Length of Service OML AML Support Staff: Less than 1 years continuous service at the 11th week before EWC SMP or MA OMP Payment: Wks 1-39 SMP or MA Support Staff: More than 1 years continuous service at the 11th week before EWC Payment: Wks % of a weeks pay offset against SMP Returning to Work: Wks 7-18 Half pay plus SMP (as long as the two combined do not exceed full pay) Wks SMP Not Returning to Work: Wks 7-39 SMP Teachers: Less than 1 years continuous service at the 11th week before EWC Payment: Wks 1-39 SMP or MA Teachers: More than 1 years continuous service at the 11th week before EWC Payment: Wks 1-4 Wks 5-6 Full pay weeks pay offset against SMP 90% of a weeks pay offset against SMP Returning to Work: Wks 7-18 Half pay plus SMP (as long as the two combined do not exceed full pay) Wks SMP Not Returning to Work: Wks 7-39 SMP Dates at which continuous service calculated For entitlements to leave and SMP End of the 15th week before EWC For entitlements to OMP Beginning of the 11th week before EWC Note: Remember that entitlement to SMP also depends on average weekly earnings being above the lower earnings limit. The payroll team will provide information on whether or not you are entitled to SMP.

20 Appendix 2 Hurworth School Maternity Notification Form This form should be completed by any employee taking maternity leave at least 28 calendar days before your absence begins, or as soon as is reasonably practicable, and passed to your Head Teacher/Principal, together with your MATB1. The Academy must forward the originals to the Academy s Payroll provider as well as notifying the Academy s HR provider. Name Job Title Academy Payroll Number Expected Week of Childbirth Start Date of Maternity Leave Maternity pay/leave At the beginning of the 11th week before the EWC I have: 1 Less than one year s continuous local government service and have average weekly earnings below the Lower Earnings Limit for National Insurance purposes, therefore, may be entitled to Maternity Allowance* 2 Less than one year s continuous local government service, but 26 weeks continuous local government service by the end of the 15 th week before the EWC and have average weekly earnings above the Lower Earnings Limit for National Insurance Purposes, therefore please pay SMP only. * 3 At least one year s continuous local government service but DO NOT intend to return to work therefore please pay SMP but do not pay Occupational Maternity Pay* 4 At least one year s completed continuous local government service and intend to return to work for at least 3 months, therefore please pay my Occupational Maternity Pay during my maternity leave period (offset by MA/SMP)* 5 At least one year s continuous local government service and intend to return to work for at least 3 months, but don t want my Occupational Maternity Pay until I return to work, therefore please pay me SMP as relevant* * choose one option Pension (LGPS only) * choose one option *I wish to elect to pay pension contributions during my unpaid maternity leave and will make arrangements to do so on my return. *I do not wish to elect to pay pension contributions during my unpaid maternity leave period I have received a copy of the Employees Guide to Maternity Leave and Pay and understand my obligations in respect of my maternity leave. Signed Date

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