Subject to any change in legislation, all female employees are entitled to maternity leave, regardless of their length of service. This policy sets out the maternity rights that apply at the time of issue of this edition of the Staff Handbook and is to be read in conjunction with the Maternity Leave Planning Checklist for Managers.
Notification Requirements
Prior to commencement of maternity leave, you are required to notify your manager of the following in writing no later than the end of the 15th week before the expected week of childbirth (EWC):
- That you are pregnant;
- The week in which your child is due;
- When you want your maternity leave to start.
You should enclose a Form Mat B1 signed by your GP or midwife with your letter, unless this has been given to the Company earlier. A template for a letter advising your employer you want maternity leave can be found in the forms section of this handbook.
Time Off for Antenatal Care
If you are pregnant you are entitled to take paid time off during your normal working hours to receive antenatal care. This should be at times agreed with your manager and whenever it is possible to do so you should arrange appointments outside of your normal working hours or, where this is not possible, at times that will cause the minimum amount of absence from work e.g. first thing in the morning or towards the end of the working day. Antenatal care includes appointments with your GP, hospital clinics and relaxation classes.
You should advise your manager that you will be absent as far in advance of your appointment as possible, and you may be asked to produce your appointment card.
Partners and time off to accompany at antenatal appointments
Any employee with a ‘qualifying relationship’ to a pregnant woman or her expected child will be entitled to unpaid time off during working hours to accompany the woman to two antenatal appointments, up to a maximum of 6.5 hours off work for each appointment.
This is for unpaid time off, with employees with a “qualifying relationship”, which means the employee is:
- The pregnant woman’s husband or civil partner;
- Living with the pregnant woman in a close family relationship and is not a relative of the woman;
- The expected child’s father;
- One of a same sex couple who is to be treated as the child’s other parent where the child was conceived by sperm donation;
- The potential applicant for a parental order in relation to a child expected to be born to a surrogate mother.
The company can request proof of the qualifying relationship from those seeking to exercise the right and evidence that the requested time off is to attend an antenatal appointment, together with the date and time of the appointment.
Maternity Leave
All pregnant employees are entitled to take 26 weeks’ ordinary maternity leave (OML) and 26 weeks’ additional maternity leave (AML), subject to the rules set out below.
You can choose to start your maternity leave at any time after the start of the 11th week before the week in which your child is due except in the following cases:
a) if you are absent because of an illness related to your pregnancy at any time during the four weeks before your child is due, the Company reserves the right to require you to start your maternity leave on the first day of absence
b) if your child is born earlier than your planned date of starting maternity leave, then the maternity leave starts on the day the child is born.
If your child is stillborn after the 24th week of pregnancy, you retain your right to maternity leave and pay.
In short you can start your maternity leave any time from 11 weeks before the beginning of the week when your baby’s due. But be aware, if you are off work because of your pregnancy within four weeks of the expected birth date, your employer can make you start your maternity leave then.
If you have a problem taking your maternity leave, talk to your employer first of all. If that fails, you can make a complaint using your employer’s grievance procedure.
Contact During Maternity Leave
Before your maternity leave begins, your Manager will discuss arrangements for keeping in touch during your leave. The agreement will cover the way in which contact will happen, how often, and who will initiate the contact. It could also cover the reasons for making contact and the types of things that could be discussed. This may be to discuss your plans for return to work, including any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence.
The Company reserves the right to maintain reasonable contact with you from time to time during maternity leave.
Employees should be aware that if they are in a position that is identified for potential redundancy a full consultation will be undertaken with them even though they are on maternity leave. In the further event that they are selected for redundancy they will be entitled to first option in relation to any alternative work as provided by current legislation.
Keeping In Touch Days
You can ask the Company to return to work for up to 10 ‘Keeping In Touch’ days during the maternity leave period, except during the first two weeks after the baby is born.
This arrangement may only take place by agreement between you and the Company. The Company cannot ask you to work during your maternity leave if you do not wish to, nor does the Company have to agree to a request for ‘keeping in touch’ days.
If the Company offers the opportunity to work a ‘Keeping In Touch’ day you are entitled to turn the opportunity down without suffering any consequences as a result. It is unlawful for an employee to suffer detriment for not agreeing to work ‘Keeping In Touch’ days, or for working or considering such work.
Holidays
You shall continue to accrue entitlement to paid annual leave during maternity leave. You will be encouraged to take any accrued holiday up to the start of your maternity leave prior to going. Unused holiday can be carried over to the next holiday year.
Returning from Maternity Leave
If you return to work at the end of your maternity leave period you need not formally notify us in advance of your return. On return from ordinary maternity leave (OML) you will return to work in the same job that you left before you started your maternity leave. If, for health and safety reasons, you were doing a different job from your usual one while you were pregnant you may be required to return to that different job for a short time if you are still at risk when you return to work.
On return from additional maternity leave (AML) if it is not reasonably practical to return to your original job you will be offered a similar role.
You may wish to return to work before the end of your maternity leave period, but if you choose to do so you must give us 8 weeks’ advance warning of the date of your return.
Postponement of Return to Work
If you are too ill to return to work at the end of your maternity leave period, the sickness absence procedures will apply. If you decide not to return to work at the end of your maternity leave period, you must notify the Company at once in writing of your decision.
Maternity Pay
To qualify for Statutory Maternity Pay (SMP) you must have been employed by the Company for a continuous period of at least 26 weeks into the qualifying week, which is the 15th week before the week in which the baby is due.
If your normal weekly earnings have been less than the lower earnings limit for National Insurance contributions then you will not qualify for SMP. If this is the case, you may be entitled to claim Maternity Allowance. Your local Benefits Agency office will be able to advise you how to claim this.
Maternity pay is payable for a maximum of 39 weeks. You will be given a statement of your exact entitlement when you start your maternity leave.
To claim SMP you must give 28 days’ notice in writing of your absence on maternity grounds and you must give the original Mat B1 Form, not a photocopy, to the Managing Director. You can only receive SMP once you have stopped work.
Once you start your maternity leave, your maternity pay will be paid into your bank account on the same date that you would have received your salary, and will be subject to deductions for income tax and National Insurance.
You are obliged to inform the Employer of any changes in circumstance that may affect the payment of Statutory Maternity Pay entitlement.
Contractual Benefits
You will continue to receive your contractual non-remuneration benefits for the entire duration of your maternity leave period (OML & AML).
Pension Contributions
Your maternity leave period will be treated as pensionable service and the Company will therefore continue to make contributions on your behalf into the pension scheme based on your usual salary. If you contribute into the pension scheme your contributions will be based on the maternity pay you receive rather than your usual salary.
If your pension is a Salary Sacrifice scheme, please speak with the Company regarding your contributions. If you wish to take a payment break from the Pension Scheme during your Maternity leave please speak to a Director.
Health and Safety
If you are employed in a job which has been identified as posing a risk to your health or that of your unborn child you will be notified immediately and arrangements will be made to eliminate that risk.
For this reason you are required to notify your manager as soon as you are aware that you may be pregnant. Arrangements will then be made to alter your working conditions, or if this is not possible, you will be offered a suitable alternative job for the duration of your pregnancy.
If there is no alternative work, the Company reserves the right to suspend you on full pay until you are no longer at risk. These alternative arrangements may continue after the birth of your child if you are still considered to be at risk. If you have any concerns about your own Health and Safety at any time you should let the Managing Director know immediately.
Transfer of Maternity Leave
Please see Shared Parental Leave withing this handbook.
Maternity Rights for Surrogate Mothers.
Every pregnant employee has the right to 52 weeks’ maternity leave and, under their rights relating to the period of absence, to return to their employment on completion of their maternity leave. What a birth mother does after the child is born has no impact on her right to maternity leave. Note that employees who are adopting children from a surrogate will be managed as per the company’s Adoption Policy.