Crossroads CareMaternity guidance

E.12a

New and expectant mothers’guidance for staff

1.0 SCOPE

1.1 This guidance sets out the rights and responsibilities of female employees of childbearing age who:are or in the future could be pregnant, have given birth within the previous six months or are breastfeeding.

1.2 Information about paternity and adoption leave can be obtained from your line manager.

2.0 HEALTH AND SAFETY

2.1 Employers have a duty to assess workplace risks for all their employees. Your employer should also assess the risks to females of childbearing age who could become pregnant and any risks to new and expectant mothers. This information should be made known to all female employees of childbearing age,not just those who have informed their employer that they are pregnant.

2.2 If you are pregnant, have given birth during the last six months or are breastfeeding then you should tell your manager in writing so they can carry out a specific risk assessment of your work and your working environment.

2.3 Common risks include:

  • lifting / carrying of heavy loads
  • standing or sitting for long periods
  • exposure to infectious diseases
  • exposure to lead
  • work related stress
  • workstation and posture
  • other people’s smoke
  • threat of violence
  • long working hours
  • excessive noise
  • awkward spaces
  • vibration
  • handling chemicals such as drugs
  • radioactive material
  • high or low temperatures
  • lone working
  • travelling.

2.4 The table below shows some common conditions in pregnancy and the workplace conditions that may aggravate them:

Aspect of pregnancy / Workplace conditions
Morning sickness / headaches / Early morning work, nauseating smells
Varicose veins / Standing, manual handling, posture
Haemorrhoids / Working in hot conditions
Frequent need to go to the toilet / Travelling, nature of work
Tiredness / Long hours, evening work
Backache / Standing, manual handling, posture
Increasing size / Confined spaces, protective clothes, tight fitting uniform, manual handling

2.5If you are pregnant you are entitled to reasonable time off work for antenatal care. Any time off will be paid at the normal rate of pay. Your manager may ask for evidence of antenatal appointments from the second appointment onwards.

On 1 October 2014 the government plans to introduce a right for fathers to be, and partners of pregnant women, to take unpaid time off to attend up to two antenatal appointments with the expectant mother.

2.6If you are breastfeeding your employer must provideyou with a place to rest and suitable rest periods.

3.0 NOTIFICATION AND MATERNITY LEAVE

3.1 If you are a pregnant employee working under a contract of employmentyou are entitled to 52 weeks statutory maternity leave (SML) around the birth of your child.

3.2You must take a minimum of two weeks leave after the birth of your child.

3.3 To qualify for maternity leave you must notify your manager no later than the end of the 15th week before the expected week of childbirth of:

  • the fact that you are pregnant
  • the expected date of the baby’s birth by means of a medical certificate – MATB1 form
  • the intended start date of maternity leave – this cannot be any earlier than the beginning of the 11th week before the expected week of childbirth.

3.4 If, after giving your manager notification of the start date of SML you wish to change your intended start date you can do so as long as you notify your manager of the new start date and it is the earlier of:

  • 28 days before the date you originally intended to start your leave
  • 28 days before the new date you want to start your leave.

If it is not reasonably practicable for you to give your manager this much notice you should give them as much notice as possible.

3.5Your employer will write to you within 28 days of receiving the above notification from you and confirm the date your maternity leave will end. This will normally be 52 weeks from the intended start of your maternity leave. You may choose to return at an earlier date.

3.6 If you wish to return to work before the date specified for your return you must give your employer at least eight weeks notice of your return date. Your employer can accept less or no notice at their discretion.

3.7 If you are absent from work for a pregnancy related reason after the beginning of the fourth week before the expected week of childbirth, but before the date you notified you intended to start your leave, your SML will start automatically on the day after the first day of your pregnancy related absence.

3.8The SML period is made up of 26 weeks ordinary maternity leave (OML) and 26 additional maternity leave (AML). During OML and AML you have the right to benefit from all the terms and conditions of your employment with the exceptions of salary.

3.9Annual leave continues to accrue during OML and AML. You should not take any annual leave during the maternity leave so do discuss with your manager before you go on maternity leave when you will take it. It may be convenient to take your annual leave either before your maternity leave starts or after it ends.

In April 2015 the government plans to introduce flexible parental leave. Parents of children born or matched for adoption on or after 5 April 2015 will be able to choose how they share the care of their child during the first year after birth. Mothers will still take at least the initial two week following the birth, following that they can choose to end the maternity leave and the parents can opt to share the remaining leave as flexible parental leave.

4.0 STATUTORY MATERNITY PAY

4.1 Statutory Maternity Pay (SMP) is paid for 39 weeks. To qualify for SMP you need to have:

  • at least 26 weeks continuous employment which extends into the 15th week before the expected week of childbirth
  • average weekly earnings at or above the lower earnings limit for National Insurance contributions
  • givenyour employer 28 days notice of the date from which you want to start your SMP
  • provided your employer with confirmation of your pregnancy – a form MATB1 or an equivalent document issued by your GP or midwife

4.2 The first six weeks of SMP are paid at a weekly rate of 90% of your average weekly earnings. The next 33 weeks are paid at the lower of:

  • 90 % of average weekly earnings
  • the current rate of SMP.

4.3 If you are not eligible for SMP you may be entitled to claim Maternity Allowance which is accessed through Jobcentre Plus. Your employer will give you a SMP1 form.

5.0 CONTACT AND KEEPING IN TOUCH DAYS

5.1 During maternity leave your employer can make reasonable contact with you. It is a good idea to come to an agreement with your manager about how often and in what way you will keep in touch before you go on maternity leave.

5.2 You may, if your employer agrees, do up to ten days work, known as Keeping in Touch Days (KIT) under your contract of employment while on maternity leave (with the exception of the two weeks compulsory maternity leave period). You do not have to take part in KIT days if you don’t wish to.

5.3Any amount of work on a KIT day counts as one KIT day.

5.4 Work on a KIT day could include your normal day to day work, attending training, a conference or staff meeting.

5.5You and your employer will agree on how much pay you will receive for your KIT day. If you are receiving SMP your employer will continue to pay SMP for the week in which you do a KIT day. SMP can count towards any contractual pay that it is agreed you may receive for working a KIT day.

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Policy/New&expectantmothers/2012/08/APe012aLast updated July 2014

© Carers Trust 2014Review due July 2015