Section One - Maternity Leave/Pay Process Flowchart

Maternity Leave and Pay Procedures

This procedure is to ensure that all female employees are informed about and understand their eligibility to statutory and contractual maternity leave and payment and any other related entitlements.
CONTENTS
Section / Page No.
1 / Maternity Leave/Pay Process Flow Chart / 2
2 / Minimum Statutory Requirements / 3 - 4
3 / Contractual (Occupational)
Maternity Leave and Pay / 5-7
4 / Statutory Maternity Leave and Pay / 8-10
5 / Women who do not meet eligibility criteria for either the Contractual (occupational) or statutory maternity leave schemes / 11-13
6 / Continuous NHS Service / 14
7 / Information on Childcare / 15
8 / Procedure for Applying for Maternity Leave / Maternity Pay / 16-19
9 / Frequently Asked Questions / 20-25
Appendix 1a / Application form for Maternity or Adoption Leave / Pay Form / 26
Appendix 1b / Risk Assessment For New and Expectant Mothers at Work - Guidance Notes for Managers and Form / 27-32

SECTION ONE - MATERNITY LEAVE/PAY PROCESS FLOWCHART

SECTION TWO - MINIMUM STATUTORY ENTITLEMENTS

Legislation provides the following minimum rights for pregnant employees, irrespective of hours worked or length of service:

· A right to reasonable time off with pay for ante-natal care.

· Protection against unfair dismissal on grounds of pregnancy or for a reason connected with it.

· A minimum of at least 2 weeks compulsory maternity leave (i.e. for 2 weeks following the baby’s birth).

· The right to Maternity Leave of 52 weeks made up of – 26 weeks Ordinary Maternity Leave and 26 weeks Additional Maternity Leave, regardless of length of service. Maternity pay is spread over 39 weeks subject to meeting the qualifying criteria. The last 13 weeks of the 52 week maternity leave period is unpaid.

· The right to return from a period of ‘Ordinary Maternity Leave’ to the job in which you were employed before your leave began and on no less favourable terms and conditions. This also applies at the end of Additional Maternity Leave period, however if it is shown that it is not reasonably practical for the employee to return to the original job, then alternative work must be offered with the same terms and conditions as the original.

· The right to have your terms and conditions of employment maintained during the Ordinary Maternity Leave period.

· The provision of possible suspension with pay for certain health and safety reasons, before maternity leave commences.

· The right to written reasons for dismissal if dismissed while pregnant or on maternity leave.

· The right to commence your maternity leave/pay on any day of the week, which cannot be any earlier than the 11th week before the expected week of childbirth.

· Bank workers (zero hour contract) may be entitled to Statutory Maternity Pay if they meet the qualifying conditions. There is no entitlement to NHS Occupational Maternity Pay.

· If an employee has a visa that allows them to live and work in the UK, but includes the condition “no recourse to public funds” they may be able to get Statutory Maternity Pay, if they satisfy the qualifying conditions as Statutory Maternity Pay does not constitute public funds.

· If an employee does not qualify for Statutory Maternity Pay they may be eligible for Maternity Allowance instead, and this is claimed directly by the individual through Jobcentre Plus. The Payroll Department will provide the employee with an SMP1 Form and return their MAT B1 Form, which they will require for their claim. Further information can be found at www.direct.gov.uk or by contacting the Jobcentre Plus on 0800 055 6688.

· Maternity pay is calculated on the basis of the average weekly earnings in accordance with the earnings rule for Statutory Maternity Pay purposes.

· All maternity pay, excluding Maternity Allowance will be paid directly into the nominated bank account on the normal Trust pay day. There is no requirement for the employee to complete a timesheet whilst on maternity leave.

· Maternity Leave counts as continuous service.

· In the event of sickness during maternity leave period, sick leave is not payable.

SECTION THREE - CONTRACTUAL (OCCUPATIONAL) MATERNITY LEAVE AND PAY

This section applies to women who have been continuously employed (working full or part time within) the NHS* for 12 months at the 11th week before the expected week of childbirth

* NHS service refers to employment with this or any other NHS employer. Please refer to Section Six for further clarification. *

1. Eligibility – you will be entitled to the Contractual Maternity Leave / Pay if:

· You have at least 12 months continuous service with the NHS at the beginning of the 11th week before the expected week of childbirth.

· You inform your manager in writing and before the 15th week before the expected week of childbirth (or, if this is not possible, as soon as is practicable thereafter) of the date that you intend to commence Maternity Leave.

· You provide the Human Resources Department with the original MATB1 form - available from your GP or Midwife - before commencement of your Maternity Leave.

· You propose to return to regular work for at least 3 months within the NHS (this does not include bank working) after your maternity leave has ended.

· You follow the Procedure for Applying for Maternity Leave detailed in Section Eight.

If you do not meet the above criteria, you may be eligible for the Statutory Maternity Scheme detailed in Section Two.

2. Entitlement to Leave

52 weeks leave broken down as follows:

· 26 weeks Ordinary Maternity Leave.

· 26 weeks Additional Maternity Leave.

3. Entitlement to Pay

· Your Maternity Pay Entitlement will be as follows:

· First 8 weeks at full pay, less any Statutory Maternity Pay or Maternity Allowance (including any dependents' allowances) receivable. See Section Four, Question 1 for the calculation of pay.

· The following 18 weeks at half of full pay plus standard rate Statutory Maternity Pay or Maternity Allowance (subject to eligibility, see Section One), providing the total receivable does not exceed full pay.

· For the final 13 weeks standard rate Statutory Maternity Pay only (or Maternity Allowance).

4. Annual Leave and General Public Holidays

· Annual Leave and general public holidays to which you are normally entitled will continue to accrue both during ordinary and additional maternity leave periods.

· Arrangements for the taking of annual leave entitlement should be discussed and agreed with your manager prior to the commencement of maternity leave.

· Where you are due to return to work in the same annual leave year you should consider:

1. Taking annual leave before commencing maternity leave; or

2. Immediately following the formal maternity leave period (paid and unpaid).

· Every effort should be made to avoid carrying over more than 1 week accrued entitlement into a new annual leave year.

5. Term Time Employees

If you are employed on a Term Time Only basis your entitlement to annual leave and bank holiday leave is incorporated into your pay. However, throughout your period of maternity pay, your entitlement to annual leave and bank holidays is as follows:

· For the first 8 week period of your maternity leave you will not accrue paid leave as this is already included and paid to you as part of your Term Time Only contract. However, you are entitled to accrue unpaid leave entitlement for that period. If you wish to take this unpaid leave you must add it on the end of your maternity leave period. Please record these days on the annual leave form and must be authorised by your manager. This absence must also be recorded on the weekly absence return form and forwarded to payroll or input directly onto ESR using supervisor self-service (as per local process)

· For the next 18 week period of your maternity leave, you will accrue half of the annual leave and bank holidays as paid leave and the other half as unpaid leave. This is because you are in a half pay situation and therefore you will already have been paid for half of the leave you would have accrued had you been at work. Your unpaid leave must be taken at the end of your maternity leave. Your paid leave can be taken as and when it is needed including during term time and normal leave rules will apply.

· For the next 26 week period you will accrue paid annual leave and bank holidays. This can be taken as and when it is needed including during term time and normal leave rules will apply.

6. Commencement of Maternity Leave

· You can commence maternity leave from the date which you have agreed, which cannot be any earlier than the 11th week before the expected week of childbirth;

A day after your baby is born if the baby is born before the date the mother intended to start their maternity leave.

· If you are absent from work because of your pregnancy and the absence continues into or starts within the four-week period before the expected week of childbirth, then your Maternity Leave will start on the day after the first day of your absence. Odd days of pregnancy related illness during this period may be disregarded. Please also refer to the Trust’s Sickness Absence Management Policy and Procedure.

· You are able to change the proposed date for the commencement of your Maternity leave provided you give 28 days’ notice to your line manager and Human Resources Department, or if this is not possible, as soon as is practicable thereafter.

· If you give birth and are not on maternity leave at that time, then the changes will need to be made to the date of your maternity leave commences. See Section Nine – Frequently Asked Questions (Point 4 for further details).

· In the event of sickness during the maternity leave period, sick leave is not payable.

· It is possible to have the Occupational Maternity Pay spread equally over the maternity leave period, by notifying the HR department in writing, 4 weeks prior the maternity leave commencing.

Please refer to the following website link http://tiger.direct.gov.uk/cgi-bin/maternity.cgi to help you calculate your dates.

SECTION FOUR - STATUTORY MATERNITY LEAVE AND PAY

This section applies to women who do not meet the criteria for Occupational

Maternity Pay in Section One; however who meet the criteria for the Statutory

Maternity Pay outlined below

Women who meet the criteria for Occupational Maternity Pay however

do not intend to return to work following their maternity leave

1. Eligibility

· Have been continuously employed full or part time within the Trust for at least 41 weeks at the expected week of childbirth.

· You inform your manager in writing before the 15th week before the expected week of childbirth of the date that you intend to commence Ordinary Maternity Leave. If this is not possible as soon as practicable thereafter.

· Your average weekly earnings before tax are at or above the Lower Earnings Limit - the amount you earn before you are treated as paying National Insurance Contributions. (See Section Nine, Question 1 for the calculation of average weekly earnings).

· You provide your manager and the Human Resources Department with the original MATB1 form - available from your GP or Midwife – before commencement of your Maternity Leave.

· You follow the procedure for Applying for Maternity Leave detailed in Section Eight.

* NHS service refers to employment with this or any other NHS employer. Please refer to Section Five for further clarification *

If you do not meet the above eligibility criteria please read Section Five.

2. Entitlement to Leave

52 weeks leave broken down as follows:

· 26 weeks Ordinary Maternity Leave.

· 26 weeks Additional Maternity Leave.

3. Entitlement to Pay

· For the first 6 weeks 90% of average weekly earnings, with no upper limit.

and

· For the next 33 weeks standard rate Statutory Maternity Pay or 90% of average weekly gross earnings if this is less than the standard rate Statutory Maternity Pay;

4. Annual Leave and General Public Holidays

· Under the Statutory Maternity Leave Scheme annual leave and general public holidays will continue to accrue as follows:

1. During Ordinary Maternity Leave you will accrue Occupational annual leave (see annual leave policy).

2. During Additional Maternity Leave you will accrue statutory annual leave (5.6 weeks leave for a full year).

· Arrangements for the taking of annual leave entitlement should be discussed and agreed with your manager prior to the commencement of maternity leave.

· Where you are due to return to work in the same annual leave year you should:

1. Take annual leave before commencing maternity leave; or

2. Immediately following the formal maternity leave period (paid and unpaid).

· Every effort should be made to avoid carrying over more than 1 week accrued annual leave into a new annual leave year.

5. Term Time Employees