Maternity Scheme
1. Introduction
The Maternity Scheme explains both statutory and contractual maternity benefits. A wide range of legislation governs maternity leave and pay. Most of the relevant legislation can be found consolidated into the Employment Rights Act 1996, the Employment Relations Act 1999, the Employment Act 2002 and the Work and Families Act 2006. The University will pay Statutory Maternity Pay (SMP) on behalf of the Department for Work and Pensions and additional occupational maternity pay to all employees who are eligible to receive it. Further information can be found at http://www.bis.gov.uk/.
2. Maternity Rights
All pregnant employees regardless of hours worked and length of service have the following rights:
- Up to 52 weeks Maternity Leave (made up of 26 weeks Ordinary and 26 weeks Additional Maternity leave) subject to meeting notification criteria.
- Return to work to the same job and the same terms and conditions or if that is not reasonably practicable (e.g. the job no longer exists) to a suitable alternative position.
- Protection against dismissal for reasons wholly or partly relating to pregnancy.
- Maternity leave does not count as a break in service. The employee, whilst on ordinary maternity leave, is entitled to full contractual benefits, excluding remuneration.
- Paid time off for antenatal care.
2.1 Notification of Maternity Employee Obligations:
An employee wishing to exercise her rights under the maternity scheme needs to inform the Human Resources Department no later than the end of the 15th week before the expected week of childbirth (EWC) of:
- her pregnancy
- her expected week of childbirth. In order to receive SMP the employee must produce a certificate (normally a MAT B1 form) from a registered medical practitioner or a registered midwife confirming the EWC
- the date on which she intends to start her Ordinary Maternity Leave (OML). This must be in writing using the Maternity Leave/Pay Application Form (.doc) or Maternity Leave/Pay Application Form (.pdf) and cannot commence earlier than the 11th week before the EWC
An employee may change the date on which she intends to start her OML provided that she notifies the University no later than 28 days before either the original start date or the new date on which she intends her OML to start, whichever is the earliest.
In order to preserve her rights to maternity leave and pay, an employee absent from work as a result of a pregnancy related illness on or after the first day of the beginning of the fourth week before the expected week of childbirth must notify Human Resources of the reason for her absence as soon as it is reasonably practicable. Maternity leave and pay will commence automatically on the day after the first day of absence.
2.2 Right to Return:
An employee who resumes work after OML is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent, unless a redundancy situation has arisen, in which case she is entitled to be offered a suitable alternative vacancy where one is available.
The above also applies to an employee who returns to work after Additional Maternity Leave (AML). However if there is a reason other than redundancy which means that it is not reasonably practicable to return to her original job, she will be offered a similar job on equitable terms and conditions not less favourable than her original job.
Where an employee is unable to attend work at the end of her ordinary or additional maternity leave due to sickness, normal contractual arrangements for sickness absence will apply.
If industrial action or any other interruption of work makes it unreasonable for the employee to return to work on the date which she has specified, she may instead return when work resumes.
3. Time Off for Antenatal care
An employee is entitled to take paid time off during normal working hours to receive antenatal care. Antenatal care includes appointments with her GP, hospital clinics and any other appointments (for example relaxation classes) made on the advice of a doctor, midwife or health visitor.
An employee should give her line manager as much notice as possible of times when she will be absent from work and may be asked to produce relevant appointment cards.
4. Risk Assessments
The university has a responsibility to ensure the health and safety of pregnant employees.
An employee should ask her line manager for a risk assessment as early on in her pregnancy as possible. The risk assessment will be used to identify possible risks to the employee and her unborn child, including:
- lifting or carrying heavy loads
- standing or sitting for long periods
- exposure to toxic substances
- long working hours
Where a risk is identified the university must either remove the risk or remove the employee from being exposed to it (for example, by offering suitable alternative work). If neither of these is possible, the employee will be suspended from work on full pay.
A general guide on how to undertake risk assessments can be found on the Safety, Health and Environments (SHE) web pages here. Further advice and guidance can be obtained from the SHE office.
5. Maternity Leave Entitlement
Subject to meeting the notification criteria detailed in section 2.1, all
pregnant employees are entitled to up to 52 weeks maternity leave made up of
26 weeks OML followed by a further 26 weeks AML regardless of length of
service.
For babies due on or after 3 April 2011 mothers can transfer up to six
months of their maternity leave to the father or partner (including same sex
partner). The details of this
entitlement are as follows:
- A mother will be able to transfer up to six months maternity leave to the father which can be taken once the mother has gone back to work and the child is over 20 weeks old. Transferred paternity leave must be taken within 1 year of the birth or adoption of the child
- Fathers can benefit from up to six months' (26 weeks) additional paternity leave if the mother returns to work before using her full entitlement to statutory maternity leave. If the mother has not taken her full entitlement to statutory maternity pay or allowance, the remaining payments may be transferred to the father at the appropriate rate
- Where the mother dies during the first year of the child's life the date that leave can transfer to the father will be earlier, and the additional paternity leave may last for up to 52 weeks ending no later than the child's first birthday.
- Additional paternity leave and pay will also be available to adopters and civil partnership couples. There are separate regulations for overseas adoptions, please speak to HR for further information.
- A father taking additional paternity leave is also entitled to up to 10 Keeping in touch days (KIT) days. For further information on KIT days please see section 8 of Maternity policy.
- The biological or adoptive mother's husband, partner (this includes same sex partner) or civil partner will also enjoy the right, following a additional paternity leave of 26 weeks or less, to return to the same job that he was employed in before his absence, as long as he (or she) expects to have the main responsibility (apart from any responsibility of the mother) for the child's upbringing.
Except when maternity leave has been transferred to paternity leave, the University will assume that the employee will return to work at the end of the 52 weeks leave. If the employee wishes to return to work earlier, she must give the University at least 8 weeks written notice. The law requires that an employee take a minimum of two weeks maternity leave immediately following the birth.
5.1 Maternity Pay
In order to qualify for Statutory Maternity Pay (SMP) an employee must:
- have been continuously employed by the University for a minimum of 26 weeks at the 15th week before the EWC and;
- have been earning no less than the lower earnings limit for National Insurance (for current rates click here).
An employee who does not qualify for SMP may be entitled to claim Maternity Allowance (MA) from the Social Security/Job Centre Plus Office.
Where an employee does not qualify for either SMP or MA she may be able to claim Incapacity Benefit or a Sure Start Maternity Grant instead, visit http://www.direct.gov.uk/en/Employment/Employees/WorkAndFamilies/index.htm for further information.
5.2 Maternity Pay Package A
This scheme covers all employees who have been continuously employed for a period of not less than 26 weeks at the 15th week before the EWC but less than 52 weeks at the 11th week before the EWC.
The employee is entitled to receive 6 weeks at 90% of full pay followed by 33 weeks at the Statutory Maternity Pay standard rate (for current rates click here) per week or 90% of average earnings which ever is less.
5.3 Maternity Pay Package B
This scheme covers all employees with more than 52 weeks service at the 11th week before the EWC.
If the employee has declared her intention to return to work following AML she will be entitled to 100% of normal weekly earnings for the first four weeks of absence followed by two weeks at 90% (reduced where an employee is not eligible for SMP by flat rate Maternity Allowance) and 12 weeks at 50% of normal weekly earnings plus SMP (subject to combined pay and SMP not exceeding full pay). The final 21 weeks will be paid at the standard rate of Statutory Maternity Pay.
If the employee chooses not to return to work or not to continue to work for a period of at least 13 weeks service following her maternity leave the University reserves the right to reclaim the half pay element. The University will claim up to a maximum of 12 weeks, or if she has received less than 12 weeks payment (because she has returned to work), the amount of money which she has been paid. She will not be required to refund any SMP. If the employee is uncertain over her return to work she may elect to have the 12 weeks half pay on her return to work.
6. Statutory Maternity Pay
Early Births:
If the baby is born early but after the employee has started to receive SMP it will continue to be paid. If the employee had not yet started to receive SMP it will be triggered.
Late Births:
If the baby is born after the EWC, SMP is not affected.
Still Births:
In the unfortunate and tragic event of a stillbirth the employee is entitled to SMP if the child is born after week 24 of the pregnancy.
7. Circumstances under which SMP is lost:
If during the period the employee is paid SMP she does any of the following the entitlement to SMP will cease:
- goes abroad outside the European community
- is taken into legal custody
- starts work for another employer
- returns to work (excluding the 10 ?Keeping in Touch? days).
8. Keeping in Touch (KIT) Days
An employee can agree with the University to attend work for up to 10 occasions during the statutory leave period (not including the 2 weeks compulsory leave immediately following the date of the birth) without bringing that period to an end. Each full or part day worked will be counted as one of the 10 occasions however claims can only be made for the actual number of hours worked. For the purposes of this provision, attendance will be paid at the employee's normal hourly rate of pay (attendance rate for part time hourly paid lecturing staff). The reasons for undertaking work during the period of maternity leave could include maintaining confidence and skill levels, and staying informed of students’ progress. KIT days may also include training, meetings or any other activity that assists the employee in keeping up to date with the workplace. Any days' work undertaken will not extend the statutory maternity leave period.
In order to generate a payment for any KIT days used, the employee's line manager will need to notify Human Resources of the day(s) attended and number of hours worked within 7 working days. Due to payroll cut off dates, notification received after the 5th of the month may not be paid until the following month. There is no obligation for either the employee or the University to make use of the 10 KIT occasions/days.
9. Contact with the Employee
Both the University and the employee are entitled to make reasonable contact with each other from time to time during the maternity leave period, for example to discuss the employee's return to work.
10. General Issues
Maternity leave is not treated as sick leave and is not therefore taken into account when calculating any period of sick leave entitlement.
Annual Leave does accrue whilst the employee is on ordinary and additional maternity leave. Any leave that is accumulated must be taken at the end of the maternity period i.e. before returning to work.
If an employee decides not to return to work following maternity leave, she must give notice as per her contract and before the end of the maternity leave. Her leaving date will be considered to be the date at which the paid maternity period ended, or will end, if the resignation is received in advance of the end of the paid 39 week period.
Periods of maternity leave and maternity-related sickness absence are regarded as continuous service for the purpose of calculating entitlements to employment benefits.
If, in the early months of pregnancy, an employee is advised by an approved medical practitioner to absent herself from work because of the risk of rubella, she will be entitled to leave with full pay.
Employees on Maternity Leave will be notified of all job vacancies which arise during this time.
11. What You Should do if You Become Pregnant
- Click here to find out What You Should Do if you Become Pregnant