MATERNITY, ADOPTION & PATERNITY
LEAVE POLICY & PROCEDURES
YOUR ORGANISATION NAME aims to be an organisation that values, recognises and responds to the diverse needs of members and those we serve. We adhere to the Equality Act 2010 and will not discriminate against any person or other organisation with particular reference to the protected characteristics.
1. Purpose and scope
YOUR ORGANISATION NAME is committed to the health and wellbeing of its employees. This policy sets out the steps which are to be taken when employees or their partners are expecting a baby or adopting a child. It aims to inform employees of their contractual and statutory rights, and to ensure that those rights are understood.
2. Maternity Leave
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2.1. Overview
· Employees can take up to 52 weeks of Statutory Maternity Leave
· Plan your maternity leave by using your baby's due date to work out your Statutory Maternity Leave notice period, earliest start date and Ordinary and Additional Maternity Leave periods
· Maternity leave may not start earlier than 11 weeks before the expected week of childbirth
· You don't have to take all of your Statutory Maternity Leave, but you must take the 2 weeks of 'compulsory' maternity leave after your baby is born
· You may choose not to begin maternity leave until shortly before the birth. If the baby is born before the date requested, maternity leave and pay will automatically commence on the earlier date.
2.2. Leave entitlement
· 26 weeks of Ordinary Maternity Leave
· 26 weeks of Additional Maternity Leave
The father of your child (or your partner) could have the right to up to 26 weeks' Additional Paternity Leave. This is in addition to the 2 weeks' Statutory Paternity Leave they could be entitled to.
· If you return to work early, including after the first 26 weeks, you must give YOUR ORGANISATION NAME 8 weeks' notice. YOUR ORGANISATION NAME will confirm in writing acceptance of any proposed change of return date. If you give less than 8 weeks' notice, your maternity leave may be extended for 8 weeks after the date of giving notice to return, to allow YOUR ORGANISATION NAME to make any necessary arrangements.
2.3. Notification
You must tell YOUR ORGANISATION NAME you want to take Statutory Maternity Leave no later than the end of the 15th week (the Qualifying Week) before your baby is due.
You are required to inform us in writing:
· When the baby is due
· When you would like to start your maternity leave - you can change the date later if you give at least 28 days' notice
· Provide a copy of your maternity certificate (form Mat B1 provided by your doctor or midwife)
2.4. Confirmation
Within 28 days of you giving YOUR ORGANISATION NAME notice, we will write to you confirming your Statutory Maternity Leave and giving you the date your Statutory Maternity Leave will end.
2.5. Sickness absence
· If you are absent from work due to illness at any time during your pregnancy , this sickness absence will be treated in the normal way in accordance with the Absence Management Policy. However, if you are sick due to pregnancy-related illness at the beginning of the 4th week before the expected week of childbirth, you will commence maternity leave at that date and will transfer from sick pay to maternity pay. If you become sick with a pregnancy-related illness after the beginning of the 4th week before the expected week of childbirth, your maternity leave will commence on the first day of illness.
2.6. Early or Stillbirth
· If your baby is born prior to the 11th week before the expected week of childbirth, you will commence maternity leave and pay immediately. You should inform YOUR ORGANISATION NAME as soon as possible after the birth.
· If a pregnancy sadly ends in stillbirth after the 24th week of pregnancy, you remain entitled to maternity leave and pay commencing from the date of birth.
2.7. Maternity Pay
· An employee taking maternity leave will receive maternity pay, starting form the first day of leave as follows:
Length of service / Maternity Pay EntitlementDuring first year / Statutory Maternity Pay (SMP) for up to 39 weeks
During second year / 2 months' full pay and 2 months' half pay, then SMP for the remainder up to 39 weeks
During third year / 3 months' full pay and 3 months' half pay, then SMP for the remainder up to 39 weeks
During fourth and following years / 4 months' full pay and 4 months' half pay, then SMP for the remainder up to 39 weeks
· SMP will start on the Sunday after you stop work or give birth
· Maternity pay is subject to the condition that no work is undertaken during the paid period of leave (up to 39 weeks) other than 'keeping in touch' days (see below)
· Payment will normally be made through the payroll on the normal pay date
· During maternity leave the contract of employment continues in force. All terms and conditions of the contract continue with the exception of salary. Continuity of service is maintained, and any standard incremental progression taking place during the maternity leave will be implemented.
2.8. Eligibility to SMP
To qualify for SMP, you must:
· Have been employed by YOUR ORGANISATION NAME continuously for at least 26 weeks by the end of the Qualifying Week
· Be earning on average an amount which at least equals the Lower Earnings Limit for National Insurance contributions (at the end of the qualifying week)
· Have given at least 28 days' advance notice of the date you expect your SMP to start and submitted your Mat B1
An employee that satisfies these conditions will be entitled to SMP for a maximum period of 39 weeks.
The amount of SMP received depends on an employee's earnings. The first 6 weeks of SMP are earnings-related with a weekly rate equal to 90 per cent of the employee's average weekly earnings (there is no upper limit). The remaining 33 weeks are paid at the weekly standard rate SMP (£136.78 with effect from April 2013) or the earnings-related rate if this is less than standard rate SMP.
· If you do not qualify for SMP, but satisfy the employment and earnings rules set out by the Department of Work and Pensions, you will be entitled to Maternity Allowance for a maximum period of 39 weeks (from April 2013 the Statutory Maternity, Paternity and Adoption pay rate will increase to £136.78). The amount of Maternity Allowance you receive will depend on your gross average weekly earnings.
2.9. Keeping in Touch (KIT) Days
· An employee may, with the agreement of her manager, carry outup to 10 days' workduring her maternity leave without bringing her maternity leave to an end. In accordance with legislation,any work carried out on any day shall constitute a full day commencing on and including the day on which childbirth occurs.
· Work means any work done under the contract of employment and may include training, attending meetings and committees or any activity undertaken for the purposes of keeping in touch with the workplace.
· It should be noted that this provision does not confer any right on YOUR ORGANISATION NAME to require work to be carried out during the maternity leave period, nor any right on an employee to request work during this period. There is no obligation on either YOUR ORGANISATION NAME or the employee to make use of these days.
· Any days' work carried out will not have the effect of extending the maternity leave period.
· An employee will receivefull pay, inclusive of statutory maternity payment, for the hours workedduring a KIT day. Therefore, any payment made depends on when during maternity leave the KIT day is worked, as follows:
During the SMP period / Paid for the hours worked less any SMP for that day.During nil pay / Full pay for the hours worked
· Alternatively, an employee may choose to take ‘time off in lieu’ (TOIL) instead of payment for hours worked. Therefore, an employee who takes a KIT day may choose to receive no additional payment for that day beyond their SMP but instead choose to gain an additional day's annual leave to be taken after their return to work.
2.10. Risk assessment
Risk assessments of working environments at YOUR ORGANISATION NAME are routinely carried out in order to protect the safety of mother and child for any employee who is, or may become, pregnant. Should a pregnant employee's working environment or duties pose a threat to her health and safety, the duties will be modified or alternative work of a suitable nature found. Should this not be possible, the employee will be suspended from work on full pay on medical grounds until the start of her maternity leave.
2.11. Ante natal appointments
An employee is entitled to time off with pay in order to attend ante-natal appointments, which may include classes. YOUR ORGANISATION NAME may require her to produce an appointments card from her clinic.
2.12. Annual leave accrual
Annual leave entitlement as stated in the relevant contract of employment will continue to accrue as normal for the entire period of maternity leave. All accrued annual leave must be taken within three months of returning to work following maternity leave.
2.13. If you become pregnant again
If you become pregnant again during Statutory Maternity Leave, you have the right to take further Statutory Maternity Leave for your next child.
2.14. Returning to work after maternity leave
· No prior notice of return at the end of the ordinary or additional maternity leave period is required, unless the employee wishes to change the original date (see section 2.2).
· There is no provision for an employee to postpone her return for any reason. If the employee is too sick to return after the ordinary or additional maternity leave period, or her advised earlier date of return, she does not lose her right to return but is treated as if she had returned and is then on sickness absence, transferring from maternity leave to sick leave.
· Employees returning from ordinary maternity leave are entitled to return to the job which they held prior to their maternity leave on terms and conditions no less favourable than those which would have applied had they not been on maternity leave
· Employees returning from additional maternity leave are entitled to return to the job which they held prior to their maternity leave, or if that is not reasonably practicable, to another job which is both suitable for her and appropriate to her circumstances. Again, this will be on terms and conditions no less favourable than those which would have applied had they not been on maternity leave.
· All employees have a statutory right to apply to apply to work flexibly which will be considered by the Chief Executive to see if this request can be accommodated.
· Should an employee decide to resign after maternity leave, she should submit her resignation in writing to her manager. In such cases, she will not be expected to work her notice period.
· Mothers are prohibited by law from returning to work within two weeks of giving birth
· Employees returning from maternity leave are entitled to any salary increases or enhanced benefits which were introduced during her absence.
3. Adoption Leave
· All employees, regardless of their length of service, marital or civil partnership status are entitled to statutory adoption benefits
· Provisions laid down by the Statutory Adoption Pay regulations implemented under the Employment Act 2002 and the Work and Families Act 2006 state that employees eligible to take Statutory Adoption Pay are those who are newly matched with a child for adoption by an approved adoption agency. Adoption leave and pay will be available to individuals who adopt or one member of a couple where a couple adopt jointly (the couple may choose which partner takes adoption leave).
· The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to paternity leave and pay.
· Employees who are being considered to become adoptive parents must notify YOUR ORGANISATION NAME of the day on which they expect adoption leave to start within 7 days of the date the adoption agency tell the person adopting the child they have been matched with the child.
4. Paternity Leave
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4.1. Entitlement
Paternity leave is available to employees wishing to take time off work who:
· Have or expect to have responsibility for the child's upbringing
· Are the biological father of the child or the mother's husband, partner (of either sex) or civil partner who expects to have responsibility for the child's upbringing
· Employee of either sex who is adopting a child but is not taking adoption leave
· Have worked continuously for YOUR ORGANISATION NAME for 26 weeks ending with the 15th week (Qualifying Week) before the baby is due or within 7 days of the date the adoption agency tell the person adopting the child they have been matched with the child
4.2. Statutory Regulations
Employees are encouraged, where possible, to follow the provisions laid down by the Statutory Paternity Pay Regulations implemented under the Employment Act 2002. These are as follows:
Employees may choose to take either one or two consecutive weeks' Ordinary Paternity Leave, within the first eight weeks of their child's birth, or the child's placement for adoption (starting on any day of the week but not taken as individual days) subject to the following provisions:
· Notification must be given no later than the 15th week before the expected week of childbirth or within 7 days of the date the adoption agency tell the person adopting the child they have been matched with the child
· Leave can start on any day of the week on or following the child's birth or placement for adoption, but must be completed within 56 days of the actual date of birth/placement of the child. If the child is born early, leave must be taken within the period from the actual date of birth up to 56 days after the expected date of birth.