This booklet is designed to help guide you on employee maternity rights and over the next few pages there are questions and answers to help you. If you have any further questions please refer to AFH Handbook and Worklife Balance Policy or contact your local HR team or the Payroll department.
Notification
Q What Evidence Should The Manager Receive From An Employee Who Is Expecting A Baby?
A The employee will receive a MATB1 form from their Midwife or Doctor when they are at least 20 weeks pregnant. It will confirm the week that the baby is due. This week is called the expected week of Confinement or EWC.
Q When Should The Employee Inform Their Manager That They Are Expecting A Baby?
A The employee should tell you as soon as possible but no later than 15 weeks before the EWC. The employee should give you the MATB1 once received along with their Maternity application form. To find the 15th week before the EWC, find the Sunday before the due date (unless the baby is due on a Sunday, in which case use the due date), and count back 15 weeks.
Q Is The Manager Required To Give Written Confirmation To The Employee?
A Yes, Once the employee has confirmed to you their maternity leave you have 28 days to write to you them confirming the date their maternity leave will end. If the employee is not entitled to SMP, you should also include a SMP1 form.
Entitlements
Q Are Pregnant Employees Entitled To Time off To Attend Antenatal Classes?
A Yes, pregnant employees are entitled to time off to attend appointments for antenatal care made on the advice of a registered medical practitioner, The employee should provide you with evidence of appointments and give you reasonable notice.
Q How Much Maternity Leave Is An Employee Entitled?
A All pregnant employees are entitled to take up to 52 weeks' statutory maternity leave (SML) around the birth of their child.
Q Is An Employee Entitled To Statutory Maternity Pay?
A
a) Yes, employees will receive 39 weeks statutory maternity pay as long as you they have at least 26 weeks continuous service, by the 15th week before the week the baby is due.
b) No, Not if the employee for less than 26 weeks continuous service prior to the 15th week or their average earnings are less than the current Lower Earnings Level. The payroll department can advise you.
Q What Is the Current Lower Earnings Level?
A To qualify for SMP an employee must also have earned at least £84 per week on average in the calculation period. The calculation period is the eight weeks, if you the employee is paid weekly, up to and including the 15th week before the baby is due. If they are paid monthly, the calculation period is usually based on the last two monthly payments received before the end of the 15th week before the baby is due. To work out the average if the employee is paid monthly, add up the pay on the pay slips, divide by the number of months covered (this will usually be two), multiply by 12 and divide that number by 52, to get a weekly average. Pay can include holiday pay, bonuses, overtime, sick pay and any previous periods of SMP but not Maternity Allowance.
Q What If The Employee Is Not Entitled To Statutory Maternity Pay?
A If an employee does not qualify for SMP, they may still be able to receive Maternity Allowance. The employee must forward their MATB1 to the payroll department who will then return to the employee with the relevant documentation to take to the Department of Work and Pensions who will advise them if you qualify for Maternity Allowance.
Q How Is Statutory Maternity Pay Paid?
A The employee will receive their pay on their normal payday. Their pay slip will be sent to their home address by their Line Manager.
Q When is an employee Entitled To Occupational Maternity Pay?
A The employee will be paid OMP if they have 12 months continuous service with one or more NHS employers by the 11th week before the expected week that the baby’s due.
Q What Counts As Continuous Reckonable Service With NHS Employers?
A This includes health authorities, NHS boards, NHS trusts, Primary Care Trusts and the Northern Ireland Health Service. A break in service of 3 months will be disregarded for these purposes although will not count as service. There are other breaks in service that may be disregarded although will not count as service these include;
· Employment under the terms of an honorary contract
· Employment as a locum with a GP for a period not exceeding 12 months.
· Period up to 12 months abroad as part of a definite programme of postgraduate training on advice of the PG Dean, College or Faculty Advisor in the specialty concerned.
· Voluntary service overseas with a recognised international relief organisation for a period of 12 months, this may be extended for 12 months at the recruiting employers discretion.
· Absence on an employment break scheme,eg career break,secondment.
· Absence on Maternity leave (paid or unpaid).
Q Does The Manager Have Any Discretion Regarding Continuous Service?
A Yes, The manager may have some discretion to extend the time periods or count service with other employers, this should be discussed at the beginning of the employees employment.
Q Does previous experience with the Bank count towards Continuous Service?
A No.
Q I Have Heard You Can Request That The Payments Are Given Evenly Instead Of Ending Up The Last Few Months With Very Little Income, Is This True?
A Yes, Maternity Pay, by prior agreement with your employer, may be paid in a different way such as equal weekly values spread over the maternity leave period. However, HMRC regulations state employees must receive at least 90% of their salary for the first 6 weeks of their maternity leave, therefore, equal payments cannot be applied to this period.
If you wish to apply for equal payments of your Occupational Maternity Pay, you can do so via section 18 of the Maternity Leave Application Form.
Q How Much Payment Will The Employee Receive During Maternity Leave?
A If eligible for occupational maternity pay;
8 weeks @ full pay
18 weeks @ half pay + SMP (£128.73 effective from April 09) or 90% of average weekly earnings which ever is less)
13 weeks @ SMP only (£128.73 effective from April 09) or 90% of average weekly earnings which ever is less)
13 weeks @ unpaid
If not eligible, for occupational maternity pay but qualifies for SMP;
6 weeks @ 90% Pay of average weekly earnings
33 weeks @ SMP only (£128.73 effective from April 09) or 90% of average weekly earnings which ever is less)
NOTE Maternity pay is calculated on complete weeks so if maternity leave begins midweek the employee may receive a week less maternity pay for that month and an extra week the following month. It is always better to start the maternity leave the Sunday prior to the confinement date.
Sickness Absence During Pregnancy
Q What If The Employee Is Absent From Work Prior To Maternity Leave With An Illness That Is Not Connected To Their Pregnancy?
A The employee will receive any sickness benefit they are entitled to be paid up to the notified date of maternity leave then SMP will commence.
Q What If the employee is absent due To A Pregnancy Related Illness?
A Any sickness benefit or SSP is paid up to the 4th week before the expected date of confinement, if the employee continues to be off sick after this period they will start Maternity Leave and will be paid SMP. Odd days of pregnancy related illness within the last 4 weeks before EDC may be disregarded and treated as sick leave if the employee wishes to continue working.
After Birth
Q What Happens If The Employees Baby Is Born Early?
A If the employees baby is born prematurely or before the notified expected week of confinement all entitlements for maternity leave and pay are the same as if your baby were born full term. If your baby is born before the 11th week of EDC and the employee has worked during that week, their maternity leave will start on the 1st day of absence. If the employee has been off on certified sick leave their maternity leave will commence the day after the birth.
Q If The Employees Baby Is In Hospital After The Birth, Does The Employee Need To Take Maternity Leave?
A Yes it is a legal requirement that the employee takes a minimum of 2 weeks immediately after the birth however they can take the rest of their leave when the baby goes home by mutual agreement between the manager and employee about when this starts.
Q What Holidays Entitlement Are Accrued During Maternity Leave?
A Annual Leave will continue to accrue during maternity leave, whether paid or unpaid. Where the amount of accrued leave would exceed the normal carry over provisions you should make agree arrangements for leave to be taken either prior to or immediately following the maternity leave period with the employee.
Q Are Public Holidays During Maternity Leave Accrued?
A Yes
Q What Happens If the employee Works For More Than One Employer?
A If the employee works for two or more employers and meets the conditions of SMP for each, they may receive SMP from each employer. If they do not meet the lower earnings rate in one of the NHS jobs payroll may be able to combine both together.
Q What Happens If The Employees Baby Is Late?
A If the baby is born late this does not affect the payment of SMP.
Q What Is The Earliest Date That The Employee Can Start Maternity Leave?
A The earliest that you the employee can begin their maternity leave is the 11th week before the expected week of confinement unless the baby is born before that date.
Q What Is The Earliest Date That The Employee Can Receive Statutory Maternity Pay?
A The 11th week before the EWC unless the baby is born before this date.
Q What Is The Latest Date Maternity Leave can start?
A The latest date will be the baby’s birth date.
Additional Paternity Leave
Q Who is eligible for additional paternity leave?
A The father of the baby, partner of the mother and same sex and civil partners of the mother, It also applies to adoptive parents.
Q What is additional paternity leave?
A Mothers can transfer up to 26 weeks of their maternity leave to the father/partner therefore eligible employees can take up to 26 weeks additional paternity leave on to their 2 weeks paternity leave.
Q What will the employee receive as pay during additional paternity leave?
A They will receive additional statutory paternity pay (ASPP). This is the same as the fixed rate for statutory maternity pay (SMP), or 90% of the employees average weekly pay if less than the fixed rate. However they must earn at least the lower earnings limit for NI for a period of 8 weeks ending with the 15th week before the child is due and the mother must have stopped claiming SMP or maternity allowance and have returned to work with at least 2 weeks of her SMP or maternity allowance entitlement left.
Q How long will the father receive (ASPP)?
A The employer must pay ASPP for any period that falls within the unexpired part of the mothers 39 week SMP. eg if the mother takes 30 weeks statutory maternity leave and pay then the father takes 20 weeks additional paternity leave immediately following that , he will be eligible for additional paternity pay for the first 9 weeks.
Q When can the eligible employee take additional paternity leave?
A It applies after the 20th week after the birth of the child. However there is one exception to this – if the mother or adopter dies additional leave and additional statutory paternity pay can be paid immediately after the mothers death.
Q Are there any conditions?
A Yes, the mother of the child must return to work before the expiry of her 52 week maternity entitlement in order to transfer her maternity leave to the father.
Q What do I require from an employee who intents taking additional paternity leave?
A The employee must give at least 8 weeks written notice that they wish to take APL and provide the expected week of the birth, the actual date of birth, the start and end dates for leave and pay if eligible. They must also provide a signed declaration that information provided is correct if applying for ASPP. Also, that the leave is to care for the child and that they are the father, mothers husband, partner or civil partner and has main responsibility for the child (apart from the mother).
The mother must also provide her name, address and NI number, date she intends to return to work, confirm the employee is as stated above and that to her knowledge no one else is applying for ASPP in respect of the child.
(HMRC provide standard forms for employees and employers to use however, the organization may develop their own).
Fixed Term / Training Contract
Q The employee has a Fixed Term Contract, What are they Entitled To?
A If the contract is due to end after the 11th week before the EDC and the employee has 12 months continuous service the contract should be extended to allow them to receive 52 weeks including contractual and statutory maternity pay and the remaining 13 weeks of unpaid maternity leave. If the employee does not have 12 months continuous service they may still be entitled to Statutory Maternity Pay. If their contract is due to end prior the 11th week before the EDC they will not receive any maternity pay from the NHS however they may still be entitled to SMP from their previous employer or maternity allowance. The employee should consult the Department of Work and Pensions for further information.