MATERNITY LEAVE POLICY POLICY APPROVED ON: MAY 2011 POLICY REVIEW DATE: MAY 2013 Maternity leave and maternity pay entitlements are governed by Rowcroft Hospice s regulations as well as statutory legislation. Therefore the information contained in this guide is specific to Rowcroft employees. Please contact the Human Resources Department for further information if required. Babies born after 3 April 2011 In addition to the paternity rights available at present, fathers will be entitled to take a portion of the mothers maternity leave time, if the mother returns to work. This is only available during the 2 nd six months of the maternity leave and after the baby is 20 weeks old. Some of the leave may be entitled to paternity pay if within the 39 week maternity pay period, which would be paid at basic paternity leave rate. See paternity leave policy for details. 1. Ante-Natal Care All employees are entitled to time off in order to attend ante-natal appointments. If these appointments fall during working hours, time off shall be paid at the normal rate. Employees are expected, where possible to attend work prior to, or return to work following, ante-natal appointments. Employees should notify their line manager of the time of their ante-natal appointment and additional time off needed in respect of ante-natal care must be arranged with the employee s line manager. 2. Notification 2.1 Employees are required to provide their manager with written notification of their pregnancy prior to the end of the fifteenth week before the expected week of childbirth, (week 25 of pregnancy). This will be done following a meeting with a member of the Human Resources team and the employee. The employee is therefore required to attend this meeting prior to week 20 of their pregnancy. During this meeting the employee will be asked to advise the date on which they intend to leave, and they will be informed of the entitlement they can expect to receive. 2.2. The employee may commence maternity leave at any time between the eleventh week before the expected week of childbirth and the expected week of childbirth, provided they give the required 28 days notice. 1
Should the employee subsequently wish to change the date on which they commence maternity leave, they should provide written notification to the Human Resources Department at least 28 days prior to the date on which they intend to commence maternity leave (or, if this is not possible, as soon as is reasonably practicable beforehand). 2.3 Following the employee meeting with a member of the Human Resources Department, they will receive written confirmation of: Their entitlement to paid and/or unpaid maternity leave. Their expected return to work date, based on their entitlement to paid and/or unpaid leave and the day on which they intend to commence maternity leave. Any annual leave they may have, which in negotiation with their manager, may be taken prior to or at the end of their maternity leave or carried forward to the next financial year, if appropriate. Their requirement to provide 56 days notice of the date on which they intend to return to work, if this is before the expected return date. Their entitlement to keeping in touch days where an employee on maternity leave can work for up to 10 days during their statutory maternity leave period. As well as a copy of this information remaining on file in the Human Resources Department, copies will also be forwarded to the Payroll Officer and the employee s line manager. 2.4 The employee is required to forward their MAT B1 certificate, available from their GP or midwife from week 25 of their pregnancy, to the Human Resources Department. Maternity pay cannot be processed without this certificate. 2.5 Prior to commencing maternity leave, the employee should be advised to discuss and agree with their line manager any voluntary arrangements for maintaining contact during their absence. This will include awareness of developments within the role and work place and measures to help facilitate their return to work. They will also be expected to advise their manager of any circumstances that may affect their intended date of return. 2.6 The employee should be advised that confirmation can be sought by the father s employers that the mother has returned to work, if the father is taking paternity leave in the second 6 months of the child s life. Written details must be given of the name of the person that is legally allowed to take paternity leave for the baby that is due. 3. Eligibility to Maternity Leave 3.1 Compulsory Maternity Leave Employees are not permitted to work, including from home, for the two week period commencing with the date of birth of their baby. The compulsory maternity leave period falls within the ordinary maternity leave period. Employees who wish to return to work prior to the end of their maternity leave period should discuss this option with their line manager and a member of the Human Resources Department. 2
3.2 Ordinary Maternity Leave The amount of pay the employee is entitled to depends on their length of service prior to becoming pregnant and their intentions following maternity leave. They are not obliged to confirm at this stage their intentions regarding returning to work following maternity leave, although they will be asked to sign an Application for Maternity Leave and Pay to indicate their intentions. Without this indication there is no way of providing guidance on their entitlement to allow for planning their time or finances during and following their maternity leave. The employee will be asked their intentions regarding returning to work or not returning to work following maternity leave or whether they are undecided at this stage of their pregnancy what their intentions are. This, combined with their length of continuous service with Rowcroft Hospice, the NHS or Social Services where appropriate will determine the amount of pay they are entitled to; Note that payment can vary depending on individual circumstances. The employee s entitlement to receive Statutory Maternity Pay (SMP) is dependent upon their National Insurance contributions, and if applicable, will be paid concurrently with the 26 weeks leave and/or pay that they receive from the organisation. 3.3 Additional Maternity Leave An employee, regardless of service, is entitled to additional maternity leave of 26 weeks Those employees who qualify for SMP will have 13 weeks of the additional maternity leave paid at SMP, the rest will be unpaid leave. Employees who do not pay National Insurance contributions, and do not therefore qualify for SMP can claim Maternity Allowance from the Department of Work and Pensions. They may also qualify for a Sure Start Maternity Grant from the Department of Work and Pensions. The second 6 months of Maternity leave (additional maternity leave) can be taken by the father of the baby. This comes with a proviso that the mother returns to work. For details please see Paternity leave policy. 4. Eligibility to Maternity Pay Maternity pay will be calculated from the commencement of the employee s maternity leave. By prior agreement with the Hospice, this entitlement may be paid in a different way, for example in a fixed amount spread equally over the maternity leave period. 4.1 If Returning to Work 4.1.1 With 12 months continuous service An employee who indicates that they intend to return to work following maternity leave, and who has at least 12 months continuous Hospice, Clinical NHS, or appropriate Social Services service prior to the fifteenth week before their expected week of childbirth will be advised of the following entitlement: 39 weeks paid leave, during which the employee will receive: full pay for the first eight weeks half pay plus SMP for the next 18 weeks (providing this does not exceed normal full pay) 3
SMP for 13 weeks 4.1.2 With at least 26 weeks continuous service An employee who indicates that they intend to return to work following maternity leave, and who has at least 26 weeks continuous Hospice, Clinical NHS, or appropriate Social Services service prior to the fifteenth week before their expected week of childbirth will be advised of the following entitlement: 39 weeks paid leave, during which the employee will receive: 90 % of their normal full pay for the first six weeks SMP for the remaining 33 weeks 4.1.3 With less than 26 weeks continuous service An employee who indicates that they intend to return to work following maternity leave, and who has up to 26 weeks continuous Hospice, NHS, or Social Services service prior to the fifteenth week before their expected week of childbirth will be advised of the following entitlement: 52 weeks unpaid leave Irrespective of their entitlement to Statutory Maternity Pay and/or Maternity Allowance, the employee will have a statutory entitlement to 52 weeks unpaid leave. On Returning To Work Employees to whom the entitlement in paragraph 4.1.1 applies are required to return for a minimum of three months. This can be to different hours of work, or a different post. The organisation has the right to recover monies owed by employees who subsequently fail to return to work for a minimum of three months following their maternity leave. 4.2 If Not Returning to Work 4.2.1 With At least 26 weeks continuous service An employee who indicates that they do not intend to return to work following maternity leave, but who has at least 26 weeks continuous Hospice, Clinical NHS or appropriate Social Service service prior to the fifteenth week before their expected week of childbirth will be advised of the following entitlement:- 39 weeks paid leave, during which the employee will receive: 90% of their normal full pay for the first six weeks SMP for the remaining 33 weeks 4
4.2.2 Less than 26 weeks continuous service An employee who indicates that they do not intend to return to work following maternity leave, but who has up to 26 weeks continuous Hospice, Clinical NHS or appropriate Social Service service prior to the fifteenth week before their expected week of childbirth will be advised of the following entitlement: 52 weeks unpaid leave 4.3 Undecided whether to return to work following maternity leave Employees indicating that they are undecided whether or not to return to work following maternity leave will be paid in the first instance as if they were not returning. Should the employee then decide to return to work, any further monies owed to them will be paid, less the amount which has already been paid. This will be paid at the end of the leave period. All other conditions applicable to those employees who indicate that they intend to return to work will apply. Should the employee decide not to return to work following maternity leave, they should resign to the Human Resources Department, giving requisite notice. Employees who wish to return to work prior to the end of their additional maternity leave or before the 39 weeks maternity pay period are required to provide 56 days notice of their intended date of return to work. 5. Health and Safety at Work Once the employee has declared they are pregnant, their line manager may need to take specific measures to safeguard the health of the employee and that of their unborn baby. The measures taken will depend upon the type of work they do and the environment in which they work. It is therefore necessary for the employee s line manager to regularly assess the situation by undertaking a work based risk assessment. Further information can be seen in the Policy Health & Safety of new and expectant mothers at work. Where an employee has recently given birth, or is breastfeeding, the employee s Line manager should carry out an additional risk assessment of their working conditions. 6. Premature Birth 6.1 Maternity leave shall commence on the actual date of the premature birth, unless the employee has been absent from work on certified sickness, in which case maternity leave will commence at the beginning of the actual week of childbirth. 6.1.2 With the agreement of their line manager, if the employee s baby is born prior to the eleventh week before their expected week of childbirth and if their baby is in hospital, they may choose to split their maternity leave entitlement. This would enable the employee to take an agreed short period of maternity leave immediately after the baby is born, and then return to take the balance when the baby is allowed home from hospital. 7. Miscarriage Where an employee has a miscarriage before 24 weeks of pregnancy, normal sick leave provisions will apply as necessary. 5
8. Still Birth In the event of a still birth from 24 weeks of pregnancy, the employee will be entitled to their full maternity leave entitlements. 9. Sickness and Absence during Pregnancy and Maternity Leave 9.1 Sickness during pregnancy 9.1.1 If sickness is prior to the date the employee intended to commence maternity leave, and is unrelated to the pregnancy, the absence shall be treated as sick leave in the usual way until the agreed date of the employee s maternity leave. 9.1.2 If during weeks 29 to 35 of the employee s pregnancy, written Consultant Obstetrician s opinion expresses that the employee or the unborn child would be at risk or that they would be incapable of carrying out all or part of their duties, but are not advised to refrain from work, the Organisation will, where reasonably practicable, provide alternative work for which they would receive their normal pay, even if the alternative work would normally attract a lower rate of pay. 9.1.3 Maternity leave will start automatically on the first day after the first day of absence, if the employee is absent from work for a pregnancy related illness during the four weeks before their expected week of childbirth, regardless of when the employee has actually said that they want their maternity leave to commence. 9.2 Sickness during maternity leave Please note that the employee will not be entitled to normal sick pay during any period of paid maternity leave. 9.3 Sickness following maternity leave 10. Returning to Work Sickness absence from the expected date of return to work will be treated as sick leave and appropriate medical certificates will be required. An employee returning from Ordinary Maternity Leave has the right to return to her job under the same terms and conditions. An employee returning from Additional Maternity Leave has the right to return to her job on the same terms and conditions unless not reasonably practicable, in which case there is a right to return to a suitable and appropriate alternative job on the same terms and conditions. 10.1 An employee who intends to return to work at the end of her full maternity leave will not be required to give any further notification, although if she wishes to return early she must give at least 56 days notice. 10.2 As in paragraph 3.2.1.4 above, employees who indicate that they intend to return to work following maternity leave are required to return for a minimum period of three months. 10.3 If an employee who has indicated her intention to return to work in accordance with paragraph 3.2.1.4 above fails to do so within 15 months of the beginning of 6
her maternity leave, she will be liable to refund the whole of her maternity pay, less any SMP received. 10.4 Returning on flexible working arrangements Where possible, any request for consideration to changes to the employee s contracted hours upon their return to work from maternity leave should be discussed with their line manager. However, although the employee s manager must look at ways of complying with their request, the decision as to what can be offered to the employee must be in line with the needs of the service. The organisation fully supports flexible working and recognises the value of retaining staff and every endeavour will be made to accommodate requests where possible. If it is agreed that the employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period, this will not affect the employee s right to return to her job under her original contract at the end of the agreed period. 10.5 Contractual Rights During maternity leave (both paid and unpaid) an employee retains all of her contractual rights except remuneration. 11. Fertility Treatment (IVF) Support Scheme This scheme is provided in addition to the Maternity Scheme. Therefore, employees participating in the IVF Scheme allows employees undergoing IVF (vitro fertilisation) some paid time off for this treatment. The scheme may be used for NHS or private treatment and an appointment card must be produced. As much notice as reasonably possible should be provided for taking time off for treatment. Eligibility The IVF scheme applies to employees with at least one year s service, whether they are full or part time. Time allowed (Maximum in course of employment); EMPLOYEE TIME ALLOWED HOW THIS TIME IS ALLOCATED All female employees 15 days 5 days are allocated for each cycle of IVF, an employee is therefore allowed time off for up to 3 cycles of IVF treatment All male employees 4.5 days 1.5 days are allocated for each cycle of IVF, an employee is allowed time off for up to 3 cycles of IVF treatment 7
12. Keep in Touch Days The employee will be allowed to work up to 10 days during maternity leave, without loss of a week s statutory maternity pay. These may be taken singularly or in a block, with mutual agreement of employer and employee. These may be used to attend training or conferences, attend appraisal etc. These days will be paid at the employee s normal rate of pay. 13. Reasonable Contact The employer will be able to have reasonable contact with the employee to discuss plans for returning to work or to update on work developments while the employee has been away. 14. Annual Leave Annual leave is accrued at the normal rate during ordinary maternity leave and additional maternity leave. 14.1 Employees whose maternity leave, whether ordinary or additional, falls across two financial years are entitled to carry forward one working weeks annual leave entitlement, following negotiation with their manager. Therefore, it is suggested that employees who are due to commence maternity leave and have an excess of annual leave, use any outstanding entitlement prior to commencing maternity leave. This should be discussed and agreed with the employee s line manager as per normal procedures for booking annual leave. 14.2 If in exceptional circumstances it is not possible for the employee to take their annual lave prior to commencing maternity leave, for example if the baby is born prematurely, the outstanding balance of annual leave entitlement will be paid at the end of the financial year. 14.3 Employees who arrange to change their contractual working hours on return to work from maternity leave will have their annual leave entitlement calculated on a pro-rata basis proportional to the date on which they return to work. 14.4 Bank holidays are not accrued whilst on maternity leave. 15. Pensions Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Superannuation Regulations, or the Hospice s scheme. Any queries regarding Pensions should be directed to the Payroll Officer on (01803) 210836. References: The Work and Families Act 2006 The Maternity and Parental Leave Regulations 2006 8