Employee Guide to Maternity Leave
- Frequently Asked Questions
Firstly congratulations on your pregnancy!
This information applies for babies due on or after 1 April 2007 regardless of when a baby is actually born. Please see the Maternity Leave Policy for detailed information. The information below is intended to summarise some key information which you may find helpful.
I am pregnant, what do I do now? Who do I notify of my pregnancy and when?
You are encouraged to advise your Line Manager as soon as your pregnancy is confirmed to ensure any health and safety issues are taken into account and to help with departmental planning. You can also ask to see your Assistant HR Adviser at any time to discuss your entitlements to any maternity leave and pay and to ask any queries you may have in general. In order not to lose your right to maternity leave and pay it is important that you submit a MATB1 and an application for maternity leave no later than the 15th week before EWC.
What does EWC mean?
The EWC is the Sunday on or before the date the child is expected to be born. A medical practitioner will calculate EWC. EWC is a key date that determines maternity rights.
How will I know what I am entitled to?
See the flowcharts (which relate to service) which will give you all the key information you need.
What do all the abbreviations mean?
OML Ordinary Maternity Leave (the first 26 weeks of maternity leave)
AML Additional Maternity Leave (follows OML and can be for up to next 26 weeks of maternity leave)
SMP Statutory Maternity Pay
MA Maternity Allowance
OMP Occupational Maternity Pay
EWC Expected week of Childbirth
QW Qualifying Week
RTW Return to Work
KIT Keeping in Touch (Day)
LEL Lower Earnings Limit
NIC National Insurance Contributions
MATB1 Form issued by midwife to confirm EWC after 20th week of pregnancy
What is a MATB1?
A MATB1 form will be signed by a doctor or midwife and is issued after the 20th week of pregnancy. This should be given to HR as soon as possible to ensure maternity payments can be made along with an application form for maternity leave. The time limit for the employee to produce the MATB1 is at least 21 days prior to the start of the SMP period.
Can I take time off for antenatal care?
Yes, all pregnant employees have the right to paid time off to attend antenatal care, which may include relaxation and parent craft classes (on the advice of a healthcare professional) as well as medical examinations related to the pregnancy regardless of the employee’s length of service. The employee should provide if requested, after the first appointment, evidence of appointments to their Head of Department or School (or appropriate line manager or supervisor). Employees should give as much notice as possible and try to arrange appointments where possible at times that cause least disruption to their work such as the beginning or end of a working day.
When can I start maternity leave?
An employee can choose when she wants to start maternity pay and leave, but this cannot be a date more than 11 weeks before the EWC.
What is compulsory maternity leave?
It is compulsory for an employee to take 2 weeks’ leave after birth.
When can I return to work?
The employee is free to return to work at any time after the compulsory maternity leave period and 52 weeks after starting maternity leave subject to giving 8 weeks’ written notice to the Human Resources Department if returning earlier than 52 weeks. If you return to work during a period of paid maternity leave the employee will forfeit any further entitlement to maternity pay.
When will I receive a letter about my maternity benefits/entitlements?
HR will write to you within 28 days of the date you advise the University you wish to take maternity leave confirming the date you intend to stop work and the date the University expect you to return to work.
How do I know if I will get Statutory Maternity Pay (SMP)?
In order to qualify for a number of criteria have to be met:
1) The employee must earn above the Lower Earnings Limit (LEL) for National Insurance Contributions (NIC) currently £102 per week (2011).
2) The employee must have been working for the University for at least 26 weeks by the end of the qualifying week (QW) which is the 15th week before the expected week of childbirth (EWC).
3) The employee should inform the University she expects to stop work by the Saturday of the 15th week before EWC, failing this in order to receive SMP she should tell the University at least 28 days before she wants to start to be paid and provide the MATB1 at least 21 days prior to the start of the SMP period.
· Before receiving SMP the employee must have stopped working
How is SMP calculated?
SMP is calculated by taking the average of the gross salary for an eight-week period immediately before the end of the qualifying week.
How much is SMP?
The rate of SMP (subject to revision each April) is:
First 6 weeks - 90% of average weekly earnings followed by
33 weeks - From April 2011 SMP will be £128.73 per week or 90% of average weekly earnings whichever is less.
SMP is subject to Tax and National Insurance.
SMP is a weekly benefit, and is paid in the same way and at the same time as the employee’s salary would be paid.
Please see the following link for the current SMP rate:
http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp.
What happens to my SMP if I leave the University?
SMP is paid whether or not the employee intends to return to work for the University.
SMP will stop completely if the employee works for a new employer after the baby is born.
Will I get enhanced University maternity pay?
If an employee contracted to work full-time or part-time on terms and conditions in excess of the statutory requirements has a minimum of 52 weeks’ continuous service with the University, up to and including the expected week of childbirth (EWC), she may be entitled to:
· 8 weeks’ leave on full pay (inclusive of any SMP)
· 16 weeks’ leave on half pay plus SMP (not exceeding full pay)
· 15 weeks’ leave on SMP at the appropriate rate
· up to 13 weeks’ unpaid leave
What happens if I am pregnant again before returning to work?
You may of course return to work if you wish. However if you are unable to return to work you will need to give consideration to the fact that if you have already received enhanced University maternity pay, you will still need to return to work for 3 months for each and every period of maternity leave, i.e. the 2 periods of maternity leave which individually require you to return to work for 3 months will be added together to mean that you will need to return to work for 6 months following your second period of maternity leave and so on and so forth. If you fail to return to work for the relevant period of time then the University will seek to reclaim the non-statutory element of maternity pay for all periods of consecutive maternity leave. You will need to refer to the Maternity Leave Policy to see if you are eligible for maternity pay.
What happens if I do not want to return to work?
Staff who decide not to return to work either before or following a period of maternity leave must give the University written notice in accordance with their contract of employment.
An employee who qualifies for enhanced University maternity pay, but decides to resign prior to maternity leave being taken will not receive any enhanced payments beyond the statutory payments.
If a notice period expires after maternity leave has ended the university may require the employee to work the remainder of the notice period.
When can SMP start?
SMP may start on any day of the week (rather than a Sunday as before) where the employee continues to work beyond the 11th week before EWC.
Can you tell me about Maternity Allowance?
If an employee is not entitled to SMP, but meets qualifying conditions based on recent employment and earnings records it may be possible to claim up to 39 weeks’ Maternity Allowance (MA), which is paid by Jobcentre Plus. An employee will be notified by Payroll if they do not qualify for SMP and they will be given a form SMP1 that will help in applying for MA. You should claim as soon as you can after you have been pregnant for 26 weeks. If you delay, you may lose the benefit.
Eligibility for MA is subject to the following:
· Having been employed and or self-employed for at least 26 weeks in the 66 weeks up to and including the week before your baby is due. This is known as the test period. Part weeks are counted as full weeks.
· Your average weekly earnings are at least £30 or more a week over any 13 weeks in the test period.
In the year 2011/2012, employees with earnings less than £102 per week, but more than £30 per week may receive a Maternity Allowance. If an employee earns less than this (including following salary sacrifice) they may not receive anything. Employees should contact their local Jobcentre Plus office to see if they are entitled to any other Government help.
Please see the following link for the current MA rate: http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/Dev_008115.xml.html.
Can I receive the same pay every month whilst on maternity leave?
Please note your payslip will not detail monthly pay during maternity leave, there will be elements of occupational maternity pay (OMP) and SMP. The pay will vary month by month to reflect 4 or 5 week periods in the month.
Does Salary Sacrifice affect my maternity pay?
Employees should be aware that sacrificed salary cannot count towards the state benefits of SMP and MA. Essentially, if by sacrificing your salary, for things like the childcare voucher scheme (Accor Services) or pension contributions, gym membership or the cycle scheme your earnings for the purposes of the LEL for NIC go below £102 per week you may not qualify for SMP/MA. Employees in these cases should consider whether to amend or suspend such arrangements to ensure they do not lose out on maternity benefits. If the employee participates in a form of salary sacrifice, further advice and help can be sought from the Childcare voucher provider, Pensions Administrator, Payroll or Human Resources. Where applicable, it is recommended that the employee contacts the childcare voucher provider to inform them of the pregnancy as soon as possible.
What happens with the my non-cash benefits such as childcare vouchers, gym membership and staff cycle schemes etc?
During Maternity Leave, both during OML and AML, employee’s are entitled to receive all Terms and Conditions, except remuneration. This means that non-cash benefits that are in existence prior to the maternity leave (such as those provided through a salary sacrifice scheme for child care vouchers, gym membership and staff cycle schemes) can be continued throughout both OML and AML.
If I change my hours of work prior to maternity leave does this affect my maternity entitlement?
It will do for any enhanced University maternity pay and it may also affect your SMP. This is because your entitlement to SMP is calculated by taking the average of the gross salary for an eight-week period immediately before the end of the qualifying week which is 15 weeks prior to your EWC.
What happens to my payslip whilst I am on maternity leave?
The department will receive your payslip who should then forward it to your home address, until you are in a no pay situation as which point no payslip will be produced.
Do I receive a cost of living rise while I am on maternity leave?
Any increases to pay that you are awarded during maternity leave will be paid either during the maternity leave period itself wherever possible, or in arrears on return from maternity leave.
What happens to my Performance Review?
Where leave has been planned in advance, such as maternity leave, it is recommended that the reviewer conducts an Activity/Performance Review meeting with you before your period of leave commences. This will ensure that achievements and contribution indicators are captured and that a contribution rating can be recommended for the portion of the activity/performance year prior to departure, based on actual contribution. On your return from leave your reviewer should agree your goals for the remainder of the activity/performance year and review these as part of your next annual Activity/Performance Review meeting. For further details please see Appendix 1-section I4 Activity/Performance Review Procedure - A Guide for Individuals
available at: http://hr.nottingham.ac.uk/display.aspx?Id=1146&pid=231 or in respect of those in the Operations & Facilities family the negotiated pay increases will still apply along with the opportunity to progress by one increment where criteria are met.
What about annual leave?
· Annual leave must be taken within the appropriate leave year.
· Where applicable and in accordance with the contract of employment, the carry forward rule may be applied.
· While on any maternity leave (OML or AML) annual leave accrues at the contractual rate pro rata the maternity leave period and pro rata for part time staff.
· To help calculate annual leave entitlements see web calculators available from the HR web site at: http://hr.nottingham.ac.uk/display.aspx?Id=1226&pid=0&tabId=222.