How To Support A Pregnant Woman In The Air Force

Transcription

1 Pregnancy in the RAF A Guide for Line Managers V1.0 October 2014

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3 Foreword As a Line Manager to a pregnant Servicewoman you have a responsibility to support and assist her wherever possible. Whether she is about to become a mother for the first time, or is adding to her family, she is embarking on a chapter of her life which will provide her with challenges, both personal and professional. As COS Pers, I am very clear on the importance of supporting our personnel to reach a work/life balance that enables individuals to successfully manage Service and family commitments and at the same time maintain their career aspirations and supporting RAF outputs. As such, my Employment Policy team have been focussing on improvements to policy to allow all Service personnel to pursue their family ambitions. In the case of pregnancy and maternity, we must work to ensure that Servicewomen are supported while at work and during their time away and feel confident that their return to work will be well faciliated and supported. In writing this booklet, Servicewomen who have experienced both pregnancy and maternity leave within the service were consulted, to enable us to understand better how we could provide greater support. As well as this guide for line managers, we have also produced a booklet for Servicewomen to ensure that they are better placed to understand their entitlements and options throughout both pregnancy and maternity. I hope that you will find the information contained in this booklet of benefit and my Employment Policy staff would welcome your feedback on As a Line Manager, I look to you to provide support and guidance to your personnel wherever possible and to promote the retention of their valuable skills and experience. COS Pers Pregnancy in the RAF - A Guide for Line Managers 1

4 Introduction This guide has been developed by the Employment Policy Team within ACOS Pers Pol s area to assist you in the management of a pregnant servicewoman and to give you an overview of the salient points of what is complex legislation and policy. Finding out a member of your staff is pregnant need not be daunting; pregnancy should be a positive experience for the individual but it can also be a life-changing and emotional time for them. It is important that the individual is managed professionally and thoughtfully. Being treated with respect will reinforce her feeling of being a valued member of the organization and she is more likely to return to work on completion of her maternity leave, enabling the RAF to retain her valuable talent. This guide should provide you with tools, tips and advice to help you support a servicewoman during her pregnancy at work, while she is on maternity leave, and on her return to work. It is to be used in conjunction with JSP 760 (Leave and Absence Regulations). The following guidelines do not overule the JSP in any way. 2 Pregnancy in the RAF - A Guide for Line Managers

5 Communication When a member of your staff tells you that she is pregnant: Ask if there are any recommendations from her health professional regarding work. Respect the servicewoman s desire for confidentiality, particularly where the pregnancy is at an early stage. Direct her to the companion guide to this booklet Pregnancy in the RAF A Guide for the Servicewoman. This will help her to plan effectively both at work and at home. She should have been given a copy by Unit HR. If not, a downloadable copy can be found on the Community Support website if needed. Set up a date for an initial meeting to confirm key dates. Health and Safety Line Management are responsible for assessing the risks to the health and safety of personnel at work, including that of pregnant women. Your workplace should already have a general risk assessment but you should work with your pregnant servicewoman to carry out a risk assessment as soon as she tells you of her pregnancy. Detailed guidance for Line Managers/Commanding Officers on health and safety matters relevant to new and expectant mothers is set out in Volume 2, Leaflet 36 of JSP 375. MOD Form 5010a (MOD Risk Assessment Form) should be completed for the assessment. A copy is included in the pack-up given to the Servicewoman. The specific risk assessment should include factors you already know about from the general risk assessment, e.g. handling certain chemicals, as well as anything raised by the Servicewoman, their doctor or midwife. If you identify risks, you must take the following steps to remove these risks: Temporarily alter the working conditions or hours of work. If this is not reasonable or would not avoid the risk, then: Offer the servicewoman suitable alternative work if available. This could be in the wider Sqn, Wing or Stn if no suitable work can be found within her own section. If this is not feasible, then: Grant Additional Leave During Pregnancy (JSP 760 Sec 21) for as long as is necessary to protect her health and safety and that of her child. After the initial risk assessment and any adjustment to working routines it is good practice to work with your Servicewoman to ensure that the changes are in actual fact removing the risks identified. A risk assessment is a continuous process and must be reviewed at regular intervals as the Servicewoman s pregnancy progresses, but especially at the following points: As soon as you are informed she is pregnant. If there is any change to her work activity. If there are any complications with her pregnancy. Upon her return to work if within 6 months of giving birth. If still breast feeding after her return to work. You can find more information about Health and Safety for pregnant women at Time off for Antenatal Appointments Pregnant servicewomen are entitled to reasonable paid time off for antenatal care. This includes time spent travelling to the appointment and waiting to be seen. Antenatal care can include scans and meetings with the midwife, as well as relaxation and parent craft classes. The appointment for care must relate to her pregnancy and have been made on Pregnancy in the RAF - A Guide for Line Managers 3

6 the advice of a GP, nurse or midwife. No proof is required for a first appointment. For subsequent appointments you can request proof of the appointment. You cannot unreasonably refuse paid time off for antenatal care or require her to make-up the time spent at appointments. Maternity Routine To enable you as LM to offer guidance and assistance to pregnant Servicewomen, an outline of the actions a Servicewoman should take to complete her maternity routine is given below: Confirmation of Pregnancy. The pregnancy must be confirmed by the Unit Medical Centre. She will be issued with a Certificate of Pregnancy (FMed 790) and the Medical Centre will arrange for a change to her JMES. The Servicewoman should then report to Unit PSF and hand in her FMed 790. Health & Safety. A Health & Safety Risk Assessment of her workplace is a legal requirement and it is your responsibility to ensure that it is completed. Maternity Uniform. There is no set date from which to change from normal working dress to maternity uniform; it is designed to be worn from a point when standard uniform becomes uncomfortable. Maternity Notice Form. It is a legal requirement for the servicewoman to inform her employer of her pregnancy and future work intentions by the 15 th week before her Expected Week of Childbirth (EWC) by completing one of the Maternity Notice Forms (A or B). Career Management Issues It is important that as the LM to a pregnant servicewoman you have knowledge of the options available to her. Essentially, she has two choices: Option 1 Return to work after maternity leave. This may be after: 2 weeks from the birth. (The legal minimum amount of maternity leave a woman must take). A period of Ordinary Maternity Leave (OML) a period of up to 26 weeks leave. OML and Additional Maternity Leave (AML) a further period of up to 26 weeks leave which can follow immediately on from OML. OML plus AML and/or Parental Leave. A period of OML, followed by Service spouse/partner taking a period of Additional Paternity Leave (APL) (Please see JSP 760 for full details of APL). To elect for any of the above within Option 1 she should complete the Maternity Notice Form A. Option 2 Use a special right to leave the RAF prematurely on the grounds of pregnancy. Before she decides to leave, you should advise the Servicewoman to seek advice from the Unit PSF staff. This is important as leaving the Service early might affect her entitlement to, or the amount of, higher Statutory Maternity Pay (SMP) that she might receive as well as other benefits such as pension and resettlement grant. She may opt to leave at any time after confirmation of pregnancy is issued but should normally give sufficient notice to allow discharge procedures to be completed. The Servicewoman should note that to establish an entitlement to SMP she must have completed a minimum of 26 weeks service as at the 15 th week before the Expected Week of Childbirth. She may opt to leave under these special terms at any time up to her return to work after maternity leave. She does not have the right to withdraw this notice if she changes her mind on return to duty; normal rules on rescinding on ET application apply. 4 Pregnancy in the RAF - A Guide for Line Managers

7 When Can Maternity Leave Start? A Servicewoman can choose to start her OML at any time from the 11 th week before her Expected Week of Childbirth. She may also take unpaid pre-natal leave between the 14 th and 11 th weeks prior to her expected week of childbirth. If her baby is born before she has started her maternity leave, her leave will start on the date her baby is born and her return date will be recalculated. Maternity Leave & Pay A pregnant woman may take up to 52 weeks maternity leave, regardless of length of service. Ordinary Maternity Leave (OML) lasts for 26 weeks. Additional Maternity Leave (AML) lasts for 26 weeks and follows OML. There must be no gap between the two periods of leave. The first two weeks after the birth count as compulsory maternity leave and it is a legal requirement that women must not work during this time. Length of Service Maternity Pay Provision Every pregnant Servicewoman is entitled to maternity leave but not every one is entitled to Maternity Pay. The table below explains what pay entitlements are in relation to length of service. Length of Service Less than 26 weeks continuous service by the Qualifying Week (Note 1) (whether or not she intends to return to service) and is still serving in the Qualifying Week. Pay Entitlement She will not be entitled to enhanced pay under the AFOMS (Note 2) during OML; nor will she be entitled to SMP (Note 3). However, depending on individual circumstances she may be entitled to other State benefits. 26 weeks or more but less than a year s continuous service by the Qualifying Week and is still serving into the Qualifying Week (whether or not she intends to return to Service following maternity leave). During OML and AML she will not be entitled to enhanced maternity pay under the AFOMS but may be eligible for SMP, which is payable during the 26 weeks of OML and first 13 weeks of AML. One year s continuous service by the Qualifying Week, and still serving into the Qualifying Week and have stated her intention to return to duty following maternity leave for a minimum period of twelve months. During the 26 weeks OML she will be entitled to full normal pay and the first 13 weeks of AML will be paid at the standard rate of SMP. The remaining 13 weeks will be unpaid. One year s continuous service by the Qualifying Week, and is still serving into the Qualifying Week and have chosen not to return to duty. During the 26 weeks OML and the first 13 weeks of AML she will be entitled to receive the standard rate of SMP. The remaining 13 weeks of AML will be unpaid. Notes: 1. Qualifying Week: 15th week before the week in which the baby is due. 2. AFOMS Armed Forces Occupational Maternity Scheme. 3. SMP: Statutory Maternity Pay. Pregnancy in the RAF - A Guide for Line Managers 5

8 Keeping In Touch (KIT) Plan and KIT Days The KIT Plan is designed to be a framework for a servicewoman to sit down with you prior to Maternity Leave to discuss how she would like you to keep in touch, and how she intends to use her KIT days. This is also an ideal opportunity to discuss a graduated return to work and the possibility of flexible working. A Servicewoman is entitled to 10 KIT days during her maternity leave, which are designed to enable her to undertake training and keep up to date with new developments without bringing to an end her maternity leave. KIT days are optional but cannot be taken during the first two weeks following childbirth. KIT days are reckonable service and a servicewoman will be paid a full day s pay (even if she is only keeping in touch for part of a day). KIT days do not have to be a full day s work, she does not have to wear uniform and they do not have to be taken at her workplace. During the KIT Plan discussion, you should discuss any plans for using KIT days during maternity leave. Examples of KIT days include; Office briefings, e.g reorganisation, new processes Service briefings such as AMP&C s Briefing Team, Armed Forces Pension Society Branch/Trade conferences Meetings with Career Managers/Desk Officers or Line Mangers Courses Completing personal admin such as JPA Researching new posts/units prior to assignment She can even use them to do a graduated return to work! For example, she could use a KIT day to attend work for a few hours while baby has a trial day at nursery. Or she could use a KIT day every other day for the last week of maternity leave and work mornings/afternoons to ease the transition back to work. A Servicewoman can claim a KIT day using a JPA form R003. These are available from PSF. This is not an exclusive list; any activity that a Servicewoman wishes to undertake as part of her personal or professional development, or which support her transition back to work should be encouraged. Terms of Service Ordinary Maternity Leave (OML) Normal terms and conditions of service apply whether intending to leave the Service or return work after. OML counts towards completion of an engagement or commission and is reckonable service for purposes such as pay increments, seniority, promotion, pension, annual leave and public holidays. Additional Maternity Leave (AML) All of AML also counts towards completion of an engagement or commission. Only the paid element (of up to 13 weeks) of AML is reckonable for pension, pay increments and gratuity. Annual Leave may be accrued throughout AML. Unreckonable Service If a servicewoman takes unpaid AML this is unreckonable service for pension, pay increments and graturity. She can apply to extend her service to take account of this e.g. to allow her to reach an EDP earning point, by completing a Gen App. 6 Pregnancy in the RAF - A Guide for Line Managers

9 Return of Service (RoS) After a period of maternity leave, she is expected to complete a 12 month RoS. Should she start another period of maternity leave before the end of the 12 month RoS from the initial pregnancy, then the maternity leave counts towards that initial RoS. Appraisal Reports The RAF is committed to ensuring that Servicewomen are not discriminated against, or treated any less favourably, as a result of pregnancy or maternity. As a period of maternity leave can mean that the Servicewoman is out of the work environment for up to 52 weeks, an appraisal report (AR) is to be provided for any pregnant Servicewoman commencing maternity leave. This will be done by either deferring or bringing forward her AR; this is to ensure that any reporting gaps are kept to a minimum, and that any promotion board held in her absence will have the most recent possible report to consider. Further details are in JSP 757. Don t forget that on return to work a period of Maternity Leave MUST NOT be commented on in a SJAR/OJAR. Pregnancy and Deployment When a Servicewoman s pregnancy is confirmed, JMES reclassification will render her non-deployable. If she is already deployed when the pregnancy is discovered, the Medical Officer (MO) will conduct a clinical risk assessment which in most cases (nearly all operational deployments) will result in the Servicewoman being returned to the UK with the award of a non-deployable code. Exceptionally, where it can be demonstrated that clinical risk is acceptable, a limited deployable JMES may be awarded allowing for the return to the UK to be deferred to a later stage of the pregnancy. Even if there appears to be adequate antenatal care there may be insufficient obstetric care to cope with any potential complications, or premature births. The clinical risk assessment may, therefore, advise relocation on neonatal grounds before the Servicewoman reaches the 22 weeks gestation point. Should the situation arise whereby the MO deems the clinical risk to be unacceptable and the Servicewoman contests this decision, advice will be sought from personnel and legal staffs; this will require the Servicewoman to consent to the disclosure of the pregnancy. Refusal to consent to disclosure of the pregnancy will result in the award of a medical nondeployable JMES. Pregnancy and Recruits RAF recruits who become pregnant after joining and commencement of recruit training will be awarded the same JMES as any other pregnant Servicewoman who has completed training. Housing Service personnel or their spouse/civil partner who have reached the 6 month stage of pregnancy are entitled to move at that stage to a property to which they would be entitled at the birth of the child, having applied for SFA at the 4 month stage of the pregnancy. RAF Fitness Test Any Servicewoman returning from a period of maternity leave will be given a 6-month grace period before having to take her RAFFT. You should be aware that she will need to make an appointment at the Med Centre for her Return to Work medical. At this appointment the MO will sign her as exempt from fitness testing for 6 months. She should then liaise with your local PEd staffs so they can update JPA accordingly. Flexible Working Arrangements (FWA) While flexible working is not a right, all Service personnel are entitled to request FWA so they may better balance the demands of personal life and Service commitments. For those Servicewomen returning from maternity leave, such arrangements may assist in accommodating early child care, or breast feeding requirements. Any request to vary working Pregnancy in the RAF - A Guide for Line Managers 7

10 patterns should be considered where these do not impinge on operational capability; it may not always be possible for non-standard hours to be worked due to the ways in which different trades and branches of the Services operate. Further information is available in 2011 DIN Non-Standard working hours. Flexible working does not just mean variable start and finish times; there are a number of options available depending on the need and also includes career breaks or special unpaid leave. Further details for flexible working are available in JSP 760 Chpt 17 and 18. Any implementation of FWA is done on a temporary basis and a period of review should be agreed. The Service also retains the right to stop any FWA should operational capability require it. Employment after Maternity Leave If a Servicewoman opts to return to work immediately after Ordinary Maternity Leave (OML up to 26 weeks) then she has a right to return her to her old post, if she so wishes. For a woman returning after Additional Maternity Leave (AML up to a further 26 weeks) and/or Parental Leave (see JSP 760 Chpt 23), the Service will endeavour to meet her geographical and posting preferences in accordance with normal Service arrangements. She should have the opportunity to discuss with her Career Manager/Desk Officer her likely opportunities on her return to work. Returning to Work after Maternity Leave This can be an apprehensive time for a Servicewoman; it can be hard to leave a child in childcare, colleagues and Line management may have moved on, or she may have general concerns with settling back in to RAF life. It is your responsibility as her Line Manger to discuss a returning to work plan with her. This may include a graduated return to work using KIT days whilst she is still on maternity leave or Annual Leave if she has returned to work, you may also be able to agree a flexible working pattern. Bear in mind that not only may a servicewoman be returning from an extended period away from the workplace, she may also be returning to a new job in a new location while settling her family into a new routine. Screening from Deployed Operations Servicewomen are screened for a period of 18 months post childbirth unless they notify their Career Manager/Desk Officer that they are willing to deploy sooner. Parental Leave The aim of Parental Leave is to allow Service personnel unpaid leave to care for a child by, for example, spending more time with the child during the early years, to settle a child into new childcare arrangements or to accompany a child during a stay in hospital. Parental Leave allows each parent of each child, either natural or adopted, to take 13 weeks unpaid leave, unless the child is disabled in which case the allocation is set at 18 weeks. Parental Leave can be taken up to the child s 5 th birthday. Adoptive parents can take leave up to the 5 th anniversary of the date when the placement for adoption began or to the child s 18 th birthday if this is earlier. Parents of children who are entitled to a disability living allowance can take leave up to the child s 18 th birthday. Eligibility for Parental Leave Eligibility for Parental Leave commences at either the birth of each child, or at the date of adoption for each child. This means that both parents, if they have twins or adopt more than one child at a time, can both take 13 weeks leave for each child 18 weeks if the child is disabled. One week s Parental Leave is equal to the length of time that an individual is normally required to work in a week. Leave must be taken in blocks of one week (i.e. 7 calendar days), with a maximum of 4 weeks at any one time in any 12 month period for each child. If less than one week is taken, it will still count as a full week for the purposes of Parental Leave and the days not taken will be forfeited from the overall entitlement unless the child is disabled and then shorter weeks may be taken. 8 Pregnancy in the RAF - A Guide for Line Managers

11 Parental Leave is unpaid and, therefore, is non-reckonable service that does not count towards seniority for promotion, completion of a commission/engagement or pension entitlements. Time off for Dependants The Employment Relations Act 1999 gave effect in UK law to the right to unpaid time off for urgent family reasons. Time off for Dependents allows Service personnel unpaid leave to deal with emergencies that affect themselves or their dependents, where, in the opinion of the Commanding Officer (CO), there are insufficient grounds to grant paid Compassionate Leave. Time off for Dependents is unpaid and, therefore, is non-reckonable service and does not count towards seniority for promotion, completion of a commission/engagement or pension entitlements. Special Health Issues Some Servicewomen will have specific health issues that will need monitoring throughout their pregnancy. If you are made aware of any specific health issues, it is vital that you treat this with confidentiality (unless the servicewoman is content for this to be wider knowledge). You must also ensure that you take these medical issues into account in the risk assessment and any subsequent reviews. Some of the common physical symptoms that can affect the pregnant Servicewoman are as follows: Physical Change Possible Effects Solutions Morning Sickness can occur at any time of the day. Common in the early stages of pregnancy but can last throughout the pregnancy Feeling nauseous through to extreme vomiting that requires medical attention. Access to fresh air Adjustment to working hours Ability to have a rest Extreme Tiredness - the body is working very hard Hormonal Changes Risk of falling asleep while working or travelling Joints and Ligaments loosen and become easier to strain and pull More susceptible to stress and anxiety Mood swings Regular Breaks Access to fresh air Flexible working hours If possible, find somewhere for individual to rest during lunch break Avoid lifting and stretching Adjustment to duties to avoid stressful situations Circulation System has to work harder Varicose veins, swollen ankles and cramp Ability to put feet up Regular breaks Exercise to feet and legs Increased blood flow Dizziness Plenty of fluids Access to a seat and fresh air Pregnancy in the RAF - A Guide for Line Managers 9

12 Low blood pressure Dizziness and tiredness As above Regular snacks to maintain blood sugar levels Increase in body fluids Weight distribution and changes to the centre of gravity Expanding uterus puts pressure on the bladder Metabolic rate increases Swollen ankles and wrists Carpal Tunnel Syndrome Danger of losing balance and falling Difficulty moving around Backache Discomfort Bladder infections Need to go to the toilet often Overheating/heat stress Fainting Access to a seat Plenty of fluids Regular breaks Avoiding stairs, ladders and working from heights Access to a comfortable seat - cushions and back rests Ensure work space has access to a toilet Plenty of fluids Avoid temperature extremes Should the worst happen Miscarriage A miscarriage occurs when the body terminates a pregnancy on its own, before the pregnancy has carried to 24 weeks. A Servicewoman who has a miscarriage will not be entitled to maternity leave or pay, but normal sick leave provisions will apply. Stillbirth Stillbirth is when a pregnancy has carried to 24 weeks but the baby dies before it is born. If the baby is stillborn before the 25th week of pregnancy a Servicewomen will not qualify for maternity leave or pay, but normal sick leave provisions will apply. If the baby is stillborn after the start of the 25th week of pregnancy, a Servicewoman will qualify for maternity leave and pay. Definition of a live birth If a baby is born alive but survives only for a moment, it is a live birth whenever it is born and the rules for a live birth will apply. If a baby lives for a short time after being born and then dies, this is called a perinatal death. 10 Pregnancy in the RAF - A Guide for Line Managers

13 Maternity Glossary AFOMS Armed Forces Occupational Maternity Scheme: an enhanced pay element paid to you by the RAF in addition to SMP. AML Additional Maternity Leave: a 26-week period of leave that can follow on from ordinary maternity leave Antenatal Prior to the birth FWA Flexible Working Arrangements: a temporary change to working hours or Service that is agreed between the line management and servicewoman. EWC Expected Week of Childbirth: the week, beginning at midnight between Saturday and Sunday, in which it is expected that your baby will be born (as notified on your MATB1 by your medical adviser). KIT Keeping in Touch: A maximum of 10 days, during maternity leave, on which the Servicewoman may attend work (by arrangement with their line manager), which will not bring maternity leave to an end. MAT B1 Certificate confirming the date the baby is due, provided by midwife or doctor. MPP Maternity Pay Period: the period (of up to 39 weeks) during which the SMP is paid. OML Ordinary Maternity Leave: a period of 26 weeks leave to which all servicewomen are entitled. Paternity Leave A period of up to 2 weeks leave for spouses/partners (including same sex partners) after the baby s birth Postnatal After the birth Qualifying Period The fixed period of time during which a servicewoman must have worked, to be eligible for certain benefits QW Qualifying Week: the week during which you must have been employed by the Service to qualify for statutory maternity pay. The qualifying week is 15 weeks before the EWC. RoS Return of Service - in order to receive AFOMS, the Servicewoman must return to work for 12 months from the end of her maternity leave. SFA Service Family Accommodation SML Statutory Maternity Leave SMP Statutory Maternity Pay: paid to you by the RAF on behalf of the State, provided you satisfy certain qualifying conditions. Pregnancy in the RAF - A Guide for Line Managers 11

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15 Return Slip To: From: LM for: (Unit HR Check) (Name and Rank) (Name and Rank) I confirm that I have received a copy of the Pregnancy in the RAF A Guide for Line Managers. Signed: Date: Ext: Pregnancy in the RAF - A Guide for Line Managers 13

16 14 Pregnancy in the RAF - A Guide for Line Managers Produced by Air Media Centre, HQ Air Command. 1236_14LAL UK MOD Crown Copyright, 2014