Maternity Information Pack

Maternity Information Pack

for

NJC Employees and Support Staff working in Schools

Index Page

Notification of Pregnancy3

Ante-natal/Hospital Appointments3

Maternity Leave3

Annual leave and maternity4

Maternity Pay5

Statutory Maternity Pay5

Keeping in Touch Days 7

Childcare Vouchers & Statutory Maternity Pay 7

Payment of Childcare Vouchers during/after Maternity Leave 7

State Maternity Benefits8

Occupational Maternity Pay8

Pension10

Additional Voluntary Contributions10

Return to Work 11

Temporary Contracts11

Redundancy11

Still Birth 12

Dismissal 12

Paternity Leave/Maternity Support Leave 13

Parental Leave14

Summary of Maternity Pay Entitlements16

Personal Maternity Calendar 17

Useful Addresses 18

NOTIFICATION OF PREGNANCY

1Who needs to know that I am pregnant?

You will need to tell your manager/headteacher and Human Resources that you are expecting a baby and intend to take maternity leave.

2When should I tell them?

You should inform your manager/headteacher of your pregnancy as soon as practicable in order that the appropriate risk assessments can be carried out (see paragraph 3 below). You will also need to subsequently inform your manager/headteacher and Human Resources of your intention to take maternity leave, your Expected Week of Childbirth (EWC) and the date on which you would like your leave to begin. You must do this by completing the application form (MATAPPS) (see also paragraph 9 below) and submitting it to Human Resources no later than the beginning of the 15th week before the Expected Week of Childbirth (EWC).

3 What action should my manager/headteacher take after I’ve informed him/her that I am pregnant?

By law, employers have a duty to assess all workplace risks to the health and safety of new and expectant mothers. Your manager/headteacher must therefore conduct a risk assessment once he/she has been advised of your pregnancy. The risk assessment must be reviewed periodically throughout your pregnancy. Any risk assessment must take into account any agents, processes or working conditions which may cause risks to your health and safety as an expectant mother.

ANTE-NATAL/HOSPITAL APPOINTMENTS

4Can I have time off to attend the antenatal clinic or hospital?

Yes. All pregnant women are entitled to paid time off to attend ante-natal care. You may be required to provide evidence of appointments.

MATERNITY LEAVE

5 How much maternity leave am I entitled to?

All pregnant employees, regardless of length of service, are entitled to 26 weeks ordinary maternity leave (OML) followed immediately by 26 weeks additional maternity leave (AML) making a total of 52 weeks.

6When can I go on maternity leave?

The earliest date you can go on maternity leave is 11 weeks before the Expected Week of Childbirth (EWC). If you wish, you may work right up to the birth of your baby as long as you are medically fit to do so. If you are absent from work due to a pregnancy-related illness in the 4weeks prior to the EWC your maternity leave will trigger automatically (see paragraph 7 below). Similarly, if you give birth prior to your EWC, your maternity leave will be automatically triggered. In either case, you must inform Human Resources as soon as possible as it will have implications for your maternity pay.

7What happens if I am absent from work due to a pregnancy-related illness in the 4weeks before the expected week of childbirth?

By law, if you are absent from work due to a pregnancy-related illness your maternity leave will automatically be triggered. You must therefore let Human Resources know if you become ill during the four-week period before your EWC as it will affect your pay. If you are a school-based employee you must notify us even if you are ill during the school holidays. This does not relate to absences from work for antenatal classes. Human Resources will be able to advise you if you are unsure if an illness is pregnancy-related.

8Do I have to take my full entitlement of maternity leave?

No. However, by law, you must not work during the two weeks following the birth of your baby. This period is known as the Compulsory Maternity Leave period. Thereafter, you may choose to return to work at any time during your maternity leave providing that you have given the appropriate notification of your wish to return to work (see paragraph 47 below).

9How do I apply for Maternity Leave/Pay?

In order to apply for maternity leave and pay you must submit:

• the completed application form (MATAPPS) and

• your original maternity certificate, stating your EWC, no later than the beginning of the 15th week before the EWC. This certificate is often referred to as MATB1. The MATB1 is usually provided by your General Practitioner or mid-wife 21 weeks into your pregnancy.

Following your notification of pregnancy to Human Resources we will write to you within 28 days confirming the expected date of your return from maternity leave. Assuming you take your full entitlement this will be 52 weeks from when you start your maternity leave.

10.What happens to my annual leave entitlement?

While on maternity leave your service is considered continuous for the purposes of calculating annual leave. You will continue to accrue annual leave during Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML) and also bank holidays. If you work part-time this will be on a pro-rata basis (refer to the Wave for full guidance). It is important that you agree with your manager/headteacher in advance how you intend to take your annual leave, as only 5 days maximum may be carried over to any new annual leave year. With the prior agreement of your manager/headteacher, annual leave may be taken before you commence maternity leave and/or immediately after maternity leave has finished. Annual leave may not be taken during maternity leave.

11.What if I work term-time only?

Entitlement to annual leave (including bank holidays) will continue to accrue during maternity leave. The entitlement will normally be offset against any periods of school closure falling before or after the maternity leave period in each leave year. Should you not return to work after a period of maternity leave and there is outstanding leave accrued, this can be taken as payment in lieu.

MATERNITY PAY

12What does maternity pay consist of?

Maternity pay is made up of two elements - Statutory Maternity Pay (SMP) and Occupational Maternity Pay (OMP).

13How much will I get?

The amount of maternity pay you will receive depends upon your length of continuous service and your average weekly earnings. Human Resources will be able to provide more detailed advice on your particular circumstances.

14What if I wish to resign from my post due to pregnancy?

You can still apply for any maternity pay to which you are entitled. However once you have resigned, you will forfeit the right to return to work should you change your mind at a later date.

STATUTORY MATERNITY PAY

15What is Statutory Maternity Pay (SMP)?

Statutory Maternity Pay (SMP) is a weekly payment made by an employer on behalf of the Department for Work & Pensions to women who have been employed by the same employer for a continuous period of 26 weeks into the SMP "qualifying week". The SMP qualifying week is the 15th week before the EWC. For employees based in schools, periods of school closure count towards the 26 weeks.

16How do I qualify for Statutory Maternity Pay?

For you to qualify for Statutory Maternity Pay, you must:

•have worked for Brighton & Hove City Council for at least 26 weeks continuously into the15thweek before the baby is due

•have average earnings equal to at least the national insurance lower earnings limit

•still be pregnant at the beginning of the 11th week before the baby is due

•have given Human Resources at least 28 days’ notice in writing of the date your absence is due to begin and

• have stopped working.

If you do not qualify for SMP you may be entitled to claim Maternity Allowance paid by Jobcentre Plus (see paragraph 27 below).

17How are the average earnings calculated?

The average weekly earnings are calculated on the total payments made during the 8 weeks immediately prior to the “Qualifying Week” (i.e. the 15th week before the expected week of childbirth).

If your baby is born prematurely i.e. before the “Qualifying Week”, the average weekly earnings would be calculated on the total payments made during the 8 weeks immediately prior to the week in which the child is born.

If you do not receive a regular wage throughout the year this may affect the amount of SMP payable to you.

18At what rate is Statutory Maternity Pay paid?

Statutory Maternity Pay is applicable to all women providing they satisfy the qualifying criteria (see paragraph 16 above). SMP is payable for up to 39 weeks. There are two rates of SMP. For the first 6 weeks you will receive SMP equivalent to 9/10ths of your average pay and for the remaining 33 weeks you will receive the lower rate of SMP.

The lower rate of SMP is determined annually by the Department for Work & Pensions.

19When does Statutory Maternity Pay begin?

Statutory Maternity Pay cannot be paid until maternity leave has begun and no earlier than the beginning of the 11th week before the EWC.If your baby is born earlier than the 11th week before the EWC, SMP will commence the day after the baby is born. If your maternity leave triggers automatically because you are absent for a pregnancy-related illness within 4 weeks of your EWC, your SMP will start from the day following the first complete day you are off sick from work for that reason.

For employees whose EWC is on, or after 1 April 2007, maternity leave and therefore Statutory Maternity Pay can commence on any day of the week.

20What is the maximum entitlement to Statutory Maternity Pay?

SMP can be paid for a maximum of 39 weeks. If you return to work before 39 weeks is completed, you will lose a proportion of your SMP entitlement, as SMP cannot be paid whilst you are working (for the exception to this rule see paragraph 22 below).

If you leave the Council’s employment, either by resigning or as a result of dismissal, at any time after the start of the 15th week before the EWC, you will continue to receive SMP if you have qualified for it unless you return to work with the Council during the 39 weeks.

21What maternity pay would I receive if I have over 26 weeks, but less than one year’s service?

Provided your average earnings are at least equal to the lower earnings limit for paying national insurance, you will be entitled to receive the higher rate of Statutory Maternity Pay i.e. 9/10ths of an average week’s pay for 6 weeks and then 33 weeks at the lower rate of SMP. Your SMP cannot be paid until your maternity leave has begun i.e. no earlier than 11 weeks before the expected week of childbirth.

22Are there any circumstances in which I can work and not lose my entitlement to SMP?

Employees whose EWC is on, or after, 1 April 2007 may, with the agreement of their manager/headteacher undertake up to a maximum of 10 “Keeping in Touch” days during their maternity leave without losing their entitlement to SMP. Working for part of the day will count as a full day. Work is defined as any work done under the contract of employment and may include, for example, undertaking training, attending a conference/seminar, any activity designed for the purpose of keeping in touch with the workplace etc. Employees will not be

permitted to undertake “Keeping in Touch” days during the Compulsory Maternity Leave period i.e. the first two weeks following the birth of the baby.

23What other factors will affect my entitlement to Statutory Maternity Pay?

You will not qualify for SMP if you leave the Council’s employment before the qualifying week i.e. the 15th week before the EWC. Your entitlement to SMP will also be affected if during your maternity pay period you:

• are taken into legal custody
• go and work outside the European Economic Area (EAA) (this includes the Channel Islands and Isle of Man) or
• if you start work for another employer after your confinement.

It is your responsibility to inform Human Resources if any of the above occur. Travelling abroad for short periods will not affect your entitlement to SMP.

24Will taking childcare vouchers affect my Statutory Maternity Pay?

SMP is calculated on salary on which National Insurance is payable so your SMP may be reduced if you take childcare vouchers. General information for parents and carers on the childcare voucher scheme can be found on the Wave. However, you are advised to seek advice from the payroll section on your specific circumstances.

25Will taking maternity leave affect payment of my childcare vouchers?

As soon as the level of your maternity pay falls below the amount of your salary that you have opted to take as childcare vouchers, payment of your childcare vouchers will automatically cease.

From this date you will be considered to have left the Childcare Voucher Scheme.

26What do I need to do about my childcare vouchers?

You are strongly advised to seek advice, in good time, from the payroll section on the implications of your maternity leave for the payment of your childcare vouchers.

You will then need to notify Human Resources when you wish to stop receiving your vouchers.

Should you wish to start receiving childcare vouchers again on your return from maternity leave, you will need to complete a new salary sacrifice agreement before you return to work. You may wish to review the level of salary you wish to receive in childcare vouchers particularly if you are returning to work on a reduced number of hours.

27What happens if I am not entitled to receive SMP?

You will be given a form (SMP1) which will explain why you are not eligible to receive SMP and your MATB1 form will be returned to you. You will then need to send form SMP1 to your local Jobcentre Plus office with your Maternity Allowance Claim form.

STATE MATERNITY BENEFITS

28Where can I get information about State Maternity Benefits?

Contact yourlocal Department for Work & Pensions Office or go to

OCCUPATIONAL MATERNITY PAY (OMP)

29What is Occupational Maternity Pay?

Occupational Maternity Pay (OMP) is the element of maternity pay to which you are entitled in accordance with your conditions of service.

30How do I qualify for Occupational Maternity Pay?

You will only qualify for OMP if you have completed at least one year's continuous service with either Brighton & Hove City Council and/or any other recognised Local Authorities at the beginning of the 11th week before the EWC. If you do not qualify for OMP you may be entitled to Statutory Maternity Pay or Maternity Allowance (see paragraph 16 above).

31If I qualify for occupational maternity pay how much will I receive?

The amount of OMP you will be entitled to will depend upon your average contractual weekly earnings and whether or not you intend to return to work after your period of maternity leave.

If you intend to return to work after your maternity leave and work for at least 3 months (any periods of school closure will count towards the 3 months for this purpose), you will be entitled to receive:

• 6 weeks at 9/10ths pay (offset against payments made by way of Statutory Maternity Pay (SMP) or Maternity Allowance (MA) for employees not entitled to SMP) plus

• 12 weeks at half pay without deduction except by the extent to which the combined pay and SMP (or MA and any dependant’s allowances) exceeds full pay plus

• a further 21 weeks paid at the lower rate of SMP (refer to for current amount).

If you indicate on your maternity application form (MATAPPS) that you may return to work after maternity leave, the Payroll team will defer payment of the 12 weeks half pay until you actually return to work (see paragraph 34 below).

If you have received the 12 weeks half pay and you subsequently fail to return to work for at least 3 months, the 12 weeks half pay you have received will be reclaimed by the Council.

If you do not intend to return to work you will be entitled to:

• 6 weeks at 9/10ths pay (offset against payments made by way of Statutory Maternity Pay (SMP) or Maternity Allowance (MA) for employees not entitled to SMP) plus

• 33 weeks at the lower rate of SMP (refer to for current amount).

Important:

If you receive Maternity Allowance and/or state benefits for dependants together with Occupational Maternity Pay you must declare the amount of benefits to the Payroll team to ensure that you receive the correct level of OMP.

32Will my OMP be affected if I return to work on a different number of working hours?

No. To retain your entitlement to the 12 weeks half pay you just need to return to work for a continuous period of at least three months. It is not dependent upon the number of hours you work during this period.

33What happens if I do not complete at least 3 months service after my return from maternity leave?

If you leave your job prior to completing 3 months continuous service you will be required to pay back your 12 weeks half pay **. You will not be required to repay the SMP or MA element of your maternity pay.

Important:

** Please note that Tax, National Insurance and any pension contributions can be refunded only against payments made to you in the current financial year. This means that, at the date of leaving, you would be invoiced gross for any payments made to you during a previous financial year.