Maternity Leave Policy

Transcription

1 Ref HR15 Maternity Leave Policy Review Date: June 2017

2 1. The Policy This policy sets out the rights and responsibilities of North East Scotland College s (the College) employees who are pregnant or have recently given birth. It sets out the arrangements for pregnancy-related sickness, health & safety, maternity leave and pay in line with employment legislation and the College s commitment to good employment practice. It does not apply to agency workers or the self-employed. In some cases an employee and their spouse or partner may be eligible to opt into the shared parental leave (SPL) scheme which provides more flexibility to share the leave and pay available in the first year after birth. Details of SPL are set out in the College s Shared Parental Leave Policy. This policy does not form part of any employee's contract of employment and the College may amend it at any time. 2. Maternity Procedure Notification 2.1 A pregnant employee is required to notify the HR Department and their line manager of i) her pregnancy, ii) the week, starting on a Sunday, in which the doctor or midwife expects the employee to give birth and iii) the expected start date of maternity leave, no later than the end of the 15 th week before the expected week of childbirth. 2.2 An appointment with the pregnant employee will be arranged with HR to discuss the employee s eligibility for leave and pay. 2.3 In addition an early appointment will be made with the Occupational Health Department in order that a risk assessment may be carried out as soon as possible. 2.4 Within 28 days of submitting the notification, written confirmation of rights the will be provided to the employee. This shall confirm the employee s expected return date. 2.5 In order to change the commencement date of the maternity leave, 28 days written notice (before the original start date or the new start date, whichever is earlier) of the change must be given to the HR Department or, if that is not possible, as soon as reasonably practicable. Where the required notice has not been given, the Head of Department and HR Manager, will decide whether or not it was reasonably practicable for an employee to comply and will advise of the decision within 28 days of the start of maternity leave with a revised expected return date if North East Scotland College. All rights reserved. Page 2 of 7

3 2.6 Medical evidence of the Expected Week of Confinement (EWC) must be provided to the College using the MAT B1 form, usually around the 26 th week of pregnancy. 3. Antenatal Appointments 3.1 All pregnant employees are entitled to paid time off during working hours to attend antenatal care appointments. This may include relaxation or parenting classes that have been recommended by a doctor, midwife or health visitor. Employees may request time off by informing their line manager of the date and time of the appointment. Ideally, as much notice as possible should be given so that the request can be accommodated. With the exception of an employee s first appointment, the College may request evidence of the appointment (in the form of the MAT B1 form or appointment card) before the employee may be allowed to attend. Time off for antenatal care will be paid at the employee s normal rate of pay. 4. Eligibility for Leave 4.1 All pregnant employees are entitled to take up to 52 weeks statutory maternity leave provided they comply with the notification requirements set out above. Maternity Leave is available in respect of all births irrespective of whether the baby is born alive or is still-born after the 24 th week of pregnancy. 5. Maternity Leave Period 5.1 Statutory maternity leave is a single continuous period and is made up of: 26 weeks Ordinary Maternity Leave, and 26 weeks Additional Maternity Leave. Additional Maternity Leave immediately follows Ordinary Maternity Leave. 5.2 The employee can decide how much maternity leave to take. However, employees must take a minimum of two weeks leave (Compulsory Maternity Leave) = immediately following the birth of the child. North East Scotland College. All rights reserved. Page 3 of 7

4 5.4 Maternity leave can commence at any time from the beginning of the 11 th week before the expected week of childbirth (unless the employee s child is born prematurely before that date). 5.5 If childbirth occurs before the date of planned maternity leave, maternity leave will start automatically on the day after the date of the birth. 5.6 Absence from work due to pregnancy-related illness will count as sickness absence unless it falls within the four weeks before the expected week of childbirth. Pregnancy-related illness at this point will result in commencement of maternity leave on the day after the first day of absence. 6. Maternity Pay 6.1 College employees are entitled to 39 weeks paid maternity leave if: (a) (b) (c) (d) (e) They have at least 26 weeks continuous service at the 15 th week prior to the expected week of childbirth; and Their average weekly earnings during the eight weeks ending with the 15 th week prior to the expected week of childbirth are not less than the lower earnings limit set by the government; and They provide the College with a MAT B1 form stating their expected week of childbirth; and They give at least 28 days notice (or, if that is not possible, as much notice as they can) of their intention to take maternity leave; and They are still pregnant 11 weeks before the expected week of childbirth or have already given birth. The entitlement is outlined below: College Maternity Pay (FULL PAY) - for the first 13 weeks. This is paid at the employee s normal basic salary and includes any SMP that may be due. Statutory Maternity Pay (SMP) - for the remaining 26 weeks. This is paid at the prescribed rate set by the government for the relevant tax year or 90% of the employee s average weekly earnings if this is North East Scotland College. All rights reserved. Page 4 of 7

5 6.2. SMP accrues from the day on which the employee commences Ordinary Maternity Leave and thereafter at the end of each complete week of absence. SMP payments are made on the next normal payroll date and income tax, National Insurance and pension contributions are deducted as appropriate If an employee becomes eligible for a pay rise before the end of their maternity leave, this will be taken into account for SMP purposes. This means that their SMP will be recalculated and increased retrospectively, or that they may qualify for SMP if they did not previously qualify. The College shall pay a lump sum to make up the difference between any SMP already paid and the amount payable by virtue of the pay rise. Any future SMP payments will also be increased as necessary Employees who do not qualify for SMP (for example, because they have less than 26 weeks continuous service or insufficient earnings) may be entitled to Maternity Allowance, which is a social security benefit paid by Jobcentre Plus Employees who are taken into legal custody or work for another employer during the maternity pay period must notify the Human Resources Department immediately. 7. Keeping in Touch Days 7.1 Both the College and the employee can make reasonable contact during maternity leave, known as Keeping in Touch Days. However, there is no obligation to work or offer work during maternity leave on either side. 7.2 With the College s agreement employees can carry out up to 10 days work during their maternity leave without affecting their entitlement to maternity leave. 7.3 Keeping in Touch Days can be carried out at any stage during maternity leave with the exception of the first two weeks after the birth. 7.4 Keeping in Touch Days are not limited to an employee s usual job they can be used for training or other events. 7.5 Employees will be paid for any work undertaken during Keeping in Touch Days according to the work undertaken and this will be inclusive of any maternity pay North East Scotland College. All rights reserved. Page 5 of 7

6 8. Benefits during Maternity Leave 8.1 Continuous Employment The period of an employee s maternity leave counts towards her period of continuous employment for the purpose of statutory employment rights. 8.2 Annual Leave Annual leave entitlement will continue to accrue during the maternity leave period. 8.3 Pension Full employer pension contributions will continue to be paid in relation to employees who are pension members provided that the employee is receiving SMP. Employee contributions will be calculated by reference to the actual pay the employee receives during their maternity leave period. Pension benefits are accrued during the period of paid maternity leave (39 weeks) only. However employees can chose to make additional contributions during their paid leave period or during any period of unpaid additional maternity leave. If an employee wishes to increase their employee contribution to make up any shortfall, please contact the HR department. 8.4 Childcare Vouchers Employees who are members of the Childcare Voucher scheme will continue to receive childcare vouchers in the usual manner. 8.5 Other Contractual Benefits Employees will continue to receive all other contractual benefits during Ordinary and Additional Maternity Leave. 9. Return to Work 9.1 Employees wishing to return to work before the agreed return date must give 8 weeks written notice to their line manager and HR. If an employee does not give sufficient notice, the College may postpone their return date until eight weeks after notice is given, or the expected return date if sooner. 9.2 If an employee wishes to return later than their expected return date, they should either: (a) Request unpaid parental leave in accordance with the College s Leave for Special Circumstances Policy, giving the College at least 21 days notice; or (b) Request annual leave in accordance with their contract, which will be at the College s North East Scotland College. All rights reserved. Page 6 of 7

7 9.3 When returning to work during or at the end of the Ordinary Maternity Leave period (first 26 weeks), employees are entitled to return to the same job on the same terms and conditions as before their maternity leave. 9.4 If taking any period of Additional Maternity Leave, employees are entitled to return to the same job on the same terms and conditions unless it is not reasonably practicable to do so. In such circumstances, the College will discuss suitable alternative employment on terms and conditions that are no less favourable than the previous the job. 9.5 If prior to the expected return date the employee falls sick, the HR department should be informed and a fit note to confirm the reason for absence should be submitted. 9.6 If the employee fails to return at the end of the maternity leave without a justifiable reason, the right to return to work will be lost and potentially result in the termination of employment with effect from the end of the additional maternity leave period. 9.7 Employees who do not intend to work following their maternity leave must write giving notice in accordance with their Statement of Main Particulars. The amount of maternity leave an employee has left to run when they give notice must be at least equal to their contractual notice period, otherwise the College may require them to return to work for the remainder of the notice period. Once an employee has given notice that they will not be returning to work, they cannot change their mind without the College s agreement. This does not affect their right to receive SMP. Status: approved by: Vice Principal HR Date of version: June 2015 Responsibility for Policy: Vice Principal HR Responsibility for Implementation: Vice Principal HR Responsibility for Review: Vice Principal HR Date of Equality Impact Assessment October 2015 Review date: June North East Scotland College. All rights reserved. Page 7 of 7

8 Equality Impact Assessment (EIA) Form Part 1. Background Information. (Please enter relevant information as specified.) Title of Policy or Procedure. Details of Relevant Practice: Person(s) Responsible. Maternity Leave Policy Vice Principal HR Date of Assessment: What are the aims of the policy, procedure or practice being considered? Who will this policy, procedure or practice impact upon? Please see section 1 of the Maternity Policy All pregnant staff or who have given birth that meet the qualifying criteria within NESCol. Part 2. Public Sector Equality Duty comparison (Consider the proposed action against each element of the PSED and describe potential impact, which may be positive, neutral or negative. Provide details of evidence.) Need Impact Evidence Eliminating unlawful discrimination, harassment and victimisation. Advancing Equality of Opportunity Promoting Good relations. *This Policy provides a framework to ensure that those who meet the qualification criteria will receive above the statutory minimum entitlements positive impact pregnant women *Encourages women to return to work following the birth of child. *There are no age limits on this Policy *All information is on the Intranet arrangements need to be in place for staff unable to use these mediums e.g. visually impaired. Consulted with LJNC. Government Regulations 1

9 Part 3. Action & Outcome (Following initial assessment, describe any action that will be taken to address impact detected) Assistance will be given by HR and Management for any reasonable adjustments in applying this Policy Sign-off, authorisation and publishing Name: Alison Kerr Position: HR Officer Date: Where will impact On the intranet and from HR be published? 2